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An unmarried mother can have sole physical and legal custody of the child if the father is drug or alcohol dependent, has a history of abuse or neglect, or is physically incapable of child care. If the stability of a parent is an issue, the other parent may be granted primary custody by the court.
\u201c Sole legal decision making \u201d means one parent has the legal right and responsibility to make major decisions for a child. Resources: \u2022 Definitions A.R.S. § 25-401.
An Arizona statute, A.R.S. § 12-631, sets a one-year period that an unmarried woman can bring a paternity suit against a putative father.
The biological father has no legal rights. Paternity must be established before he can acquire parental rights and obligations. Under Arizona law, until paternity has been established, the mother can make all plans and decisions for the child without having to consult the biological father.
Examples of \u201cmajor legal decisions\u201d include educational decisions, religious decisions, and non-emergency medical decisions. It typically does not affect the right to enroll a child in extracurricular activities or other types of non-legal decisions.
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Unmarried mothers in Arizona are automatically granted legal decision-making rights and physical custody because of their biological connection with the child. The power to make all legal decisions means that the mother is able to decide what happens to their child or children.
Establishing Paternity Both parents may come into a DCSS office to fill out and sign the Voluntary Affidavit Acknowledging Paternity form that is filed by the DCSS through the Hospital Paternity Program (HPP) to establish paternity.
Sole custody according to child custody laws in Arizona, now referred to as sole legal decision making, means that one person has sole legal custody of the child. This one person is responsible for making the major decisions regarding the child's care.
The biological father has no legal rights. Paternity must be established before he can acquire parental rights and obligations. Under Arizona law, until paternity has been established, the mother can make all plans and decisions for the child without having to consult the biological father.
Establishing Paternity Both parents may come into a DCSS office to fill out and sign the Voluntary Affidavit Acknowledging Paternity form that is filed by the DCSS through the Hospital Paternity Program (HPP) to establish paternity.

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