{"id":6381,"date":"2020-07-21T14:58:39","date_gmt":"2020-07-21T21:58:39","guid":{"rendered":"https:\/\/www.jacksonwhitelaw.com\/arizona-family-law\/?p=6381"},"modified":"2023-11-08T23:13:38","modified_gmt":"2023-11-09T06:13:38","slug":"how-father-can-win-custody-battle","status":"publish","type":"post","link":"https:\/\/www.jacksonwhitelaw.com\/arizona-family-law\/blog\/how-father-can-win-custody-battle\/","title":{"rendered":"How a Father Can Win a Custody Battle in Arizona"},"content":{"rendered":"

Introduction<\/h2>\n

In the past, judges tended to award custody to mothers when a couple separated. Fortunately, times have changed, and Arizona law now dictates that mothers and fathers get equal consideration in a custody battle.<\/p>\n

Moreover, depending on the specifics of the case, the court may opt to award primary or even sole custody to the father. Keep reading to learn how child custody cases work in Arizona and the ways in which a father can win a custody battle.<\/p>\n

Understanding Child Custody Terms<\/h2>\n

Arizona may assign fathers custody (known as legal decision-making<\/a>) or visitation, (known as parenting time).<\/p>\n

If you\u2019re awarded sole or joint legal decision-making, you will be able to make major decisions about your child\u2019s healthcare, education, and religious upbringing.<\/p>\n

For example, you will have a role in determining where your child goes to school or if they attend church each week.<\/p>\n

On the other hand, fathers who are awarded parenting time get a certain amount of physical custody but not the right to make significant decisions. The parenting plan created by the court specifies where children will live and how much parenting time they will spend with each parent.<\/p>\n

Establishing Paternity in Arizona<\/h2>\n

It\u2019s worth noting that Arizona courts will not award parenting time or legal decision-making until paternity has been established.<\/p>\n

If you\u2019re an unmarried father looking to win a custody battle, you may need to take a DNA test to prove you have a legal right to visitation. Failing to establish paternity could leave you at the mercy of the mother\u2019s whims when it comes to spending time with your child.<\/p>\n

Additionally, establishing paternity could prevent you from facing legal consequences down the line. If you don\u2019t have a legal right to see your child, the mother could opt to call the police and forcibly remove the child from your care.<\/p>\n

By taking a paternity test, you can secure your rights while ensuring your child receives proper emotional and financial support in the coming years.<\/p>\n

Arizona Child Custody Laws<\/h2>\n

Once legal paternity has been established, you will have the same parental rights as your child\u2019s mother. As of 2010, Arizona is no longer a \u201cpro-mom\u201d state.<\/p>\n

In other words, mothers and fathers have equal rights in case of divorce or separation. Rather than assuming young children are better off with their biological mothers, the courts now believe that it\u2019s important for children to spend time with fathers<\/a>, too.<\/p>\n

Children should have \u201csubstantial, frequent, meaningful and continuing parenting time with both parents\u201d except in cases involving domestic violence or substance abuse. The goal is to find a custody arrangement that fosters the child\u2019s security, health, and happiness.<\/p>\n

Here are some of the various factors<\/a> courts consider when awarding legal decision-making or parenting time:<\/p>\n