Are you married or unmarried?
Married Mothers
If you are a married mother, you and the child’s father are presumed to have an equal legal right to see the children and participate in major decisions about the children, such as medical treatment, education or religious training. Legal decision-making refers to who makes the major decisions for your children such as health and education.
Married mothers (and married fathers) have joint legal decision-making until a Court says otherwise. The parenting time schedule determines when each parent gets to see the children.
Unmarried Mothers
If you are an unmarried mother, and paternity and/or the father’s rights have not yet been established, you have a lot more power than an unmarried father when it comes to your children. You may give the child up for adoption, take the child away from the father, not allow the father to see the child at all or make any other significant decisions all without the father’s consent or permission.
However, once paternity is established and the unmarried father files a Petition to Establish, he may potentially obtain rights to see the child and make decisions regarding the child.
Married Mothers
What you need to know.
Important Update: The Alec and Lydia Act on June 22, 2026
Arizona law changed significantly for mothers dealing with domestic violence in custody cases.
When a court finds that domestic violence occurred, there is now a mandatory presumption that awarding legal decision making or parenting time to the abusive parent is contrary to your children’s best interests. This is no longer at the court’s discretion, it is mandatory.
What this means for you as a mother:
- If the father committed domestic violence and cannot rebut the mandatory presumption, he cannot be awarded joint or sole legal decision making over your children.
- The court must impose restrictions and limitations on his parenting time. Restrictions can include no access at all, limited time, no overnight time, supervised access only.
- The victim cannot be appointed as the supervisor of the abuser’s parenting time.
- The court must make written findings explaining its decisions when domestic violence is alleged at every stage, including temporary orders hearings.
- Coercive control includes financial abuse, isolation, surveillance, threats, and using the court system as a weapon. It is now legally recognized as domestic violence.
If domestic violence or coercive control has been part of your relationship, you need an attorney who understands this law. Tali handles every new client consultation personally.
Learn more about the Alec and Lydia Act → | What is coercive control?
Unmarried Mothers
What you need to know.
Unmarried Parents
Unmarried Mother's Rights
In Arizona, if you are an unmarried mother, you don’t have to do anything to gain rights to your child. Unmarried mothers have all of the rights to the child until a Court says otherwise or that unmarried mother agrees with the unmarried father to give him rights to the child.
Unmarried Father's Rights
Once an unmarried father establishes paternity and files a Petition to Establish, he may gain rights to the child. There are a number of ways to establish paternity as the child’s father. The most common, and also the easiest, way is possible when the mother and the father both agree who the father is.
Agreements Between Unmarried Parents
When there is agreement, and both parents are willing to work together, it is just a matter of getting the right paperwork to the right place. The parents can sign an Affidavit of Paternity and file it with the court. The court will also want to know the parenting time and legal decision-making arrangements as well as the child support.
Frequently Asked Questions For Mother's Rights
I just had my boyfriend's baby. We are not married, what are his rights?
He has no parental rights until paternity is established. That does not mean, however, that the Father should be denied time with the child. A later determination about disputed custody will include the court reviewing how each parent treated the other parent with regard to access to the baby or child. If a parent denies the other parent time with the child for no good reason, it will be reviewed at a later date regarding custody. Good reason could include domestic violence, drug abuse, mental illness, criminal behavior or child abuse.
My baby's father is on the birth certificate signed by the hospital staff; doesn't that prove he is the father?
If it is uncontested, yes it does.
Can he be charged criminally for having possession of our child? If he obtains paternity does that mean he can be required to pay child support?
Yes, it is possible if he has not established paternity and if there are no written agreements or court orders in place.
If he obtains paternity does that mean he can be required to pay child support?
Yes. Every parent must pay for their children, whether they live at the house or whether you must pay the other parent who cares for them.
