Arizona Child Custody Legal Questions

If you were not married, you have custody unless and until you abandon the child to the father or a court rules otherwise (NRS 126.031). You do not need to file any papers (except for child support through the DA's office, which doesn't cost you anything) and you control visitation (which sounds like it may need to be supervised, or only a few hours in the daytime when he is not drunk or high). If he wants more than what you are willing to give, HE needs to file custody papers. Let daycare know that he has no custody rights, and that he is NOT allowed to pick up the child.... Read More

The rights depends somewhat on whether there is a current order. Arizona has legal decision-making in lieu of custody, so the issues could be decision making, parenting time and support. You should obtain a consultation with a family law attorney, as these are never a "one size fits all" and you want to avoid doing anything that could be looked at disfavorably in the future by a court or evaluator.... Read More

Yes, you will need to file a Petition to Terminate the Parental rights of the biological dad, get a process server to attempt to locate him and if he cannot locate him then the Process Server will prepare an Affidavit of Due Diligence and you will file that with the court asking the Judge to allow you to publish and then default the biological dad. Thereafter you can file for Step parent adoption.... Read More

This is oversimplified, but the paternity statute says that if a child is born to unmarried parent, the parent who the child has been with for the greater part of the last six months has legal "custody." Either parent may file an action to establish paternity, legal decision-making, parenting time and child support.... Read More

He can hire an attorney in New Hampshire and/or contact the Attorney General's office and request assistance with IV-D services for child support. Often women do not want the father in the baby's life so they 'disappear' until the child is a teenager, then they request back child support [they may be able to get 3 years back in Arizona]. By that point it is difficult to form a relationship. Although the Attorney General's Office does not represent either party, they may be able to get the paternity test and child support going, which could help reduce attorney's fees. The legal decision making and parenting time [or custody since it is New Hampshire] will be another matter. Since the mother and child live in New Hampshire your fiancee should obtain counsel where she is living for that part. Regards,... Read More