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This means as a father, you have equal rights to ask a court to give you custody and/or visitation rights with your child. The court is not allowed to consider gender as a factor in favor of either parent when making a child custody determination.
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.
Filing for Emergency Custody Youll need to prepare a motion for the temporary orders and TRO and an affidavit. In the affidavit, you should explain why you need the temporary order, specifically that the childs present circumstances will docHubly impair their physical or emotional health.
In Arizona, there is no legal presumption favoring one parent over the other. Meaning that the Court starts with the presumption that parents should have joint custody. With joint custody, both parents share the responsibility of major decision-making, as well as physical custody and control of the child.
Is Arizona a Mothers State? No, Arizona is not a Mothers state. A judge in Arizona is not allowed to consider the gender of either parent when making a child custody order.
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Unmarried parents in Arizona have the same protections as married parents when it comes to child custody and other parental rights. When making judgments, the major consideration for family courts is whether the outcome is in the best interests of the kid rather than the parents.
By the law in Arizona, if a woman has a child out of wedlock, the mother automatically becomes the sole legal custodian until paternity is established or the court determines the custodial parent. Until that time, the mother has the right to make arrangements for the child without consulting the biological 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.

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