Understand Your Rights as an Unmarried & Pregnant Mother
Every situation and pregnancy are different. Even if you are in the “honeymoon” phase of your relationship, but you are not married to your child’s father, it is a good idea to know your legal rights. These rights may impact how you raise your child.
If you are being abused or your child’s father has mental health or drug use issues, it is even more crucial to know your rights to protect your child’s safety. Knowing your rights is not about keeping your child away from the child’s parent, but only about ensuring your child’s safety with that parent. Creating a plan while you are pregnant may help avoid future issues.
Here are common questions we get asked:
- Do I have to list the father’s name on the birth certificate?
- Does the baby have to be named with the father’s last name?
- Does the father have to be in the hospital during the delivery?
- Does the father have to attend my pre-natal appointments?
- Do I have to tell the father after the baby is born?
- What do I do if I’m being abused by my children’s father?
- Should I let my child’s family see the baby after the baby is born?
- Do I have to update the father about the status of my pregnancy? Do I have to email or talk to him?
- Do I have to let the child’s father see the baby after the baby is born?
- What rights does the father have when the baby is born?
- Can I move out of state before I have the baby?
- If I move out of state before the baby is born, where will the father have to file for his rights?
- What do I do if I am served with a Petition to Establish from my child’s father while I am pregnant or shortly after the baby is born?
- How should I prepare now if my child’s father files for his rights in the future?
- Can I get an Order of Protection against my child’s father while I am pregnant?
- What if I don’t know who the father is? What should I do?
- After my baby is born, can I get the baby the vaccines I believe are necessary without the father’s permission?
We have many mothers-to-be meet with us before the baby is born to learn what they are allowed to do in preparation for the birth of the child! If this is you, please feel free to set up a consultation so that we may answer these specific questions for your situation. Above all, we hope that you have a safe and peaceful pregnancy!
Arizona Child Custody Laws
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Child Custody Legal Terminology
Custody
Custody is essential everything included with raising a child. It includes: Physical Custody – “Parenting Time” authority Legal Custody – “Legal Decision-Making”
Best Interests Of A Child
The Best Interests of a Child is a standard by which a court determines what arrangements would be to a child’s greatest benefit, often used in deciding decision-making and parenting time matters and in deciding whether to approve an adoption or a guardianship.
Parenting Time
Parenting time means the schedule of time during which each parent has access to a child at specified times. Each parent during their scheduled parenting time is responsible for providing the child with food, clothing and shelter and may make routine decisions concerning the child’s care.
Visitation
Visitation means a schedule of time that occurs with a child by someone other than a legal parent.
Legal Decision-Making
Legal decision-making means the legal right and responsibility to make all non-emergency legal decisions for a child including those regarding education, health care, religious training and personal care decisions. Legal decision-making means legal custody.
Sole Legal Decision-Making
Sole legal decision-making means one parent has the legal right and responsibility to make major decisions for a child.
Joint Legal Decision-Making
Both parents have the legal right and share the responsibility to make all non-emergency legal decisions for a child including education, health care, religion and personal care.
Legal Parent
Legal parent means a biological or adoptive parent whose parental rights have not been terminated. Legal parent does not include a person whose paternity has not been established pursuant to section 25-812 or 25-814.
Frequently Asked Questions About Emergency Orders
I just found out I am pregnant and have not been dating my baby’s father for very long. What do I do?
First, congratulations! An exciting time! There is nothing you are required to do once you find out you are pregnant. We recommend following your doctor’s advice and staying as healthy as possible during your pregnancy. Some mothers tell baby’s father at this time; however, due to safety and personal reasons, some mother’s wait until after the baby is born.
What rights does my baby’s father have while I am pregnant?
None. In fact, under ARS 13-1302, mothers have sole legal rights to the child until (1) paternity has been established, and (2) a parenting plan or time schedule has been ordered by the Court. Until that time, the unmarried mother has sole legal decision-making over the baby. That means that the mother can decide all decisions for the child including medical, educational, and personal care decisions. If a mother does not want the father to see the child before rights have been established, she is able to withhold parenting time. This may or may not be in the baby’s best interest, which is for the mother to decide until there is a Court order changing it.
How do I get child support after the baby is born?
To obtain court-ordered child support from the baby’s father, you will need to file a Petition to Establish Paternity and Child Support in the court system. This filing does not give the father legal rights for decision-making and parenting time; however, once a father is served with the Establishment paperwork, it is common for the father to file for legal decision-making and parenting time. If you file the paperwork for child support, you and the baby’s father can agree to an amount. In the event you cannot agree, the Court will order the child support pursuant to the Arizona Child Support Guidelines. There is a formula that the Court is required to follow for child support.
My baby’s father is abusive to me while I am pregnant. What should I do?
We recommend informing your doctor of the abuse, leaving the abusive relationship, and doing what is necessary to keep yourself and your unborn baby safe. There are many resources available if you find yourself pregnant and in an abusive relationship. Legally, you may need to file an Order of Protection to keep the baby’s father away from you. If these situations are applicable to you, please feel free to schedule a consultation with us so we can discuss your options.
We have helped thousands of clients successfully navigate their family law matter.
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Family Law Success Stories
Best Law Firm has helped thousands of families during the past 18 years. We help families through negotiation, settlements, mediations and court litigation when necessary. The goal is to resolve issues with the least amount of money and stress and only use court litigation as a last resort. Every family we meet is important to us so we would like to share just a few of our success stories with you.
We represented an unmarried father and were able to reunite him with his 4 year old son after the mother secretly moved him to Florida.
We represented a mother and were able to require the father to undergo therapy before he could have any parenting time with his three daughters who he had been physically and emotionally abusing. We had a certified domestic violence expert testify in the case.
We represented an unmarried mother and were able to reunite her with her 2 year old daughter after the father took the child in secret without permission or a court order.
We represented a husband who had a large estate and the wife wanted assets greater than their prenuptial agreement allowed.
We represented a wife in a long term marriage to obtain the spousal maintenance that she was due.
We represented the husband whose wife violated their divorce decree's spousal maintenance agreement by living with her boyfriend.
We represented an unmarried mother and were able to obtain a large child support order from the father who was a professional athlete and it was upheld on appeal. (Murphy)
We represented an unmarried father and were able to fight abuse allegations filed against him and get a court order for 50-50 parenting time for his 2 children.
We represented an unmarried father and were able to defend him against false allegations and obtain a court order where he was named primary custodial parent of his 3 year old son.
We represented a mother who lived in Italy whose teenager was unlawfully kept in Arizona after summer visitation by the Father. It was ordered for the child to return to his mom in Italy.
We represented a father whose 2 children were taken to Kansas after their divorce was filed in Arizona and the court ordered them to be returned.
We represented a father who lived in Texas and fought for primary custody of his daughter who lived in Arizona. The daughter was able to move to Texas because of the mother's abuse and neglect.
We represented a Canadian mother whose husband attempted to get a divorce in Arizona where he could keep the kids. Mother had no long term visa and would have lost her children. Tali Collins was a "friend of the court" and was heard at a Canadian hearing on the same matter that had been filed in BC.
We were the mediators for a mother who wanted to keep the community house (and equity) and the father who wanted to keep his community retirement. We were able to craft an agreement where she received more spousal maintenance up front which the husband agreed to pay to keep the community retirement he had earned.
We represented two ER doctors and mediated their parenting agreement which was drafted to help each doctor have the maximum time with their son.
We represented a father who was a doctor and obtained sole custody of his two daughters after the mother had a worsening mental illness.
We represented a father whose former wife attempted to enforce an out of state child support arrears calculation that was incorrect. We also won the case on appeal. (Glover)
We represented a mother and successfully protected against potential kidnapping by the father to a non Hague country, the UAE. The parenting time order put in safety measures and supervisors to protect the daughters.
We represented a father from Japan to obtain a parenting time order for his young son.
We represented a father to severe the rights of the mother with their two daughters after the mother was imprisoned for criminal abuse against them.
We represented a father and were able to negotiate a parenting plan with joint legal decision making and a 50-50 parenting plan for his son.
We represented a divorced couple against the grandmother who wanted visitation time with their daughter against the parents' wishes.
We represented a married couple and negotiated visitation with a former mother in law, grandmother to their son/step son.
We represented grandparents and negotiated parenting time with a previously estranged father of their grandson.
What Our Clients Say
Our experienced team at Best Law Firm has helped thousands of clients. See what some of them have to say about working with us.
J.S
Divorce Mediation“Ms. Best resolved my spousal maintenance issue with my husband and his attorney in two hours. She accomplished what the lawyers could not do in 9 months of litigation. I am very grateful for her help.”
B.W.
Divorce With Children“We hired this law firm to represent our son in trying to get joint custody. They did a fabulous job keeping us informed as to their plan each week. I have to say I do not think my son would be enjoying his daughter right now with his 50/50 custody if it was not for this law firm.”
T.N.
Custody And Father's Rights“You are the Best, before I retained counsel, I was not able to see my children and did not know what rights a father had in Arizona. I now have joint legal and physical custody. Thank you for all that you have done for my family.”
R.C.
Divorce Mediation“Thank You! Thank you! Thank You! Thank you for getting my son what he deserves! Thank you for finally ending this 9 year chaos…I slept like a little baby last night! You are all GREAT!”
MM
Family LawI’ve used Best Law Firm twice now. Excellent communication skills, rapid responses, and they know EXACTLY what they are doing. They look out for you.like one of their own and do everything they can to keep your case cost effective. Highly recommend!
J.G.
Family Law“The service provided at ‘Best’ was beyond exceptional. The staff at ‘Best’ were professional, going above and beyond their normal duties to help me. I would sincerely recommend ‘Best’ for anyone looking for help with their families legal matters.”
B.H.
Family Law“I have worked with Best Law Firm on two issues in the past 12 months. Their service is exceptional and the quality of their attorneys is second to none! So, their name (Best) is truly appropriate! I would recommend their legal services to anyone!”
C.J.
Divorce With ChildrenThank you for the excellence in your craft and communication each and every step of the way, for the care, for helping me to be brave and strong in holding someone accountable for their wrongdoings, for helping my sons and me to receive the best possible scenario out of the worst situation of my life.
TM
Family Law“Alan was very professional and quick, he had our paperwork done the same day. When I called him to follow up I was able to speak with him then. Highly recommend Alan, he’s very easy to talk to, he’s very knowledgeable, and he means business.”
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Scottsdale, Arizona 85253
