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If the father pursues custody rights, it is advised that the mother do so as well. By law, in Arizona, it is assumed that both parents share equally in making decisions for the child, unless there is a custody order.
Mental and Physical Well-Being of Parents Parents mental well-being is of great concern to a judge in a child custody case. Psychological disorders, overwhelming stress, drug or alcohol abuse, and mental health crises can prevent a parent from acting in their childs best interests.
For example, the judge may seek to determine whether children feel comfortable with parents or if they seem scared or frustrated in their presence. Additionally, courts will assess whether the child has a relationship with other children in the home and whether they wish to remain at the same school.
Again, while Arizona has been referred to as a pro-mothers rights state, the trend today is for each parent to get an equal share of legal decision-making authority and parenting time. Arizona is not a pro-fathers rights state, either.
A father is entitled to equal rights in custody, even if he was never married to the mother of the child. More often than not, this means Arizona Courts grant 50/50 custody to the parents of a child.
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How Far Apart Can Parents Live and Still Have 50/50 Custody? 20 miles is about the max for 50/50 custody.
It is usually in the best interests of the child to have contact with both parents. The law provides that fathers should have reasonable access to their children. However, there is no set guidelines for reasonable access for father.
In Arizona, a father who is not married to his childs mother has no legal right to the child until paternity has been established, either by agreement (affidavit between the parents) and a written agreement or a court order outlines the schedule and decision making ability of each parent.
A father has the right to seek majority parenting time, equal time, or less time than the other parent enjoys. Parenting time ensures he has substantial, frequent, meaningful and continuing contact with his child. Dad has the right to parenting time, even if the other parent has sole legal decision-making.
Submit your forms to your countys Superior Court. In most counties, you can submit your forms online through Arizonas e-filing system. Otherwise, submit at least two paper copies (in addition to the originals) at the court clerks office. Filing fees vary depending on your case.

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