Paternity

Do not concede your rights or fail to respond to a paternity complaint
because it is the easiest action to take now,
it will likely get harder, worse and more costly if you do.

Out-of-wedlock births in the United States have climbed to an all-time high, accounting for nearly four in 10 babies born in 2006 and the number continues to rise.  In Arizona alone, there were 33,000 unwed births in 2000, accounting for 40 percent of the children born in the state that year.  Out-of-wedlock births among unwed mothers rose most dramatically among women in their 20s.  However, many unwed mothers are in their 30s and 40s, having their first baby or a subsequent child.  Many unwed parents, both mothers and fathers, chose not to marry.  An unwed parent’s unwavering commitment to their child, may not extend to the other biological parent.  Parents in an unstable relationship may have concerns that an already troubled relationship may end in a painful and expensive divorce, were the couple to marry.  Farsighted unwed parents may wisely seek to avoid a marital situation that may end in a divorce decree ordering the division of assets and often times, frivolous and excessive debt obligations incurred during the marriage.

Arizona Law strives to equally protect the rights of Mothers and Fathers.  Despite what you have been told by your family and friends or folklore, both parents have the opportunity to secure favorable custody, primary residential parent, visitation, and support orders.  The outcome of your case depends greatly on effective legal representation and not negotiating away your critical rights based on ignorance.  Once critical elements (custody, primary residential parent, and parenting time) of your case are settled in the other parent’s favor, they may be difficult, if not impossible to regain. 

Doing nothing to secure custody, visitation and support orders from the court, is likely to increase the negative and expensive consequences of allowing the other parent to withhold contact and parenting time with your child.  The longer the absent parent waits to secure custody, visitation and support orders the greater the amount that may accrue in child support arrears and noncovered medical expenses.  In the alternative, the absent parent may appear years later demanding and receiving the right to exercise parental rights with a child that he/she does not even know.

Read further to learn more about custody, parenting time and child support.