Law Offices of Matthew S. Schultz, P.C.

Fathers' Rights Archives

Paternity connects unmarried fathers with child custody rights

Many men in Arizona become fathers without marrying the mothers of their children. Currently, 40 percent of all children born come from unwed parents. Men who are not married to the mothers should take specific steps to establish their legal rights as parents. Although family courts might display favoritism toward mothers, unmarried dads have the same legal rights as married fathers. Men can easily establish their paternity by making sure that they are named as fathers when hospitals issue birth certificates.

Fathers can protect their rights to their children

Many fathers in Arizona fear being separated from their children if their current relationship comes to an end. While they may be more than satisfied to move on from a romantic relationship that is no longer working, the thought of being separated from their children can be painful and difficult and even keep people in troublesome relationships over the long term. Fathers who want to protect their legal rights to their children may find it important to officially establish paternity.

Representing fathers and protecting their rights in Arizona

Many families in America today look different than they did 50 years ago. People start families at all ages it seems, and, in many different ways as well - adoption, surrogates and "mixed" family situations can be found throughout the country. One of the most common scenarios that can present legal issues is unwed fathers who want to establish paternity.

Why should fathers in Arizona establish paternity?

These days, many children are born to parents who are not married. This is a vastly different societal change than what was seen 50 years ago. There is not much of a stigma to being born "out of wedlock" anymore, and, with good reason - children don't choose their parents, or the relationship status of their parents. But, legal issues can potentially be a bit more complex when it comes to children who are born to unmarried parents.

Making a challenge when paternity fraud occurs

In America today, it is more common than ever that the parents of a child are not married. In some cases, the parents of the child aren't even involved in a relationship. When this occurs, the parties will likely approach the issue of establishing paternity at some point. Establishing paternity is important so that the parties can confirm that the man is the father of the child, and, from there, issues such as child custody, child support and fathers' rights can be addressed. But, is the process of establishing paternity infallible? The unfortunate answer is "no."

An overview of DNA testing and paternity actions

Not all children who are born in Arizona are born to a husband and wife. In fact, recent statistics have shown that the number of children who are being born outside the bounds of marriage has increased quite a bit over the last several years. When a child is born to a married husband and wife, there is a presumption that the husband is the father of the child. However, when a child is born to a couple who are not married, it may be necessary to establish the paternity of the child.

Protecting a father's rights when battling for child custody

There have been previous assumptions in Arizona that in the court of law with regards to child custody, the mother was assumed to have a stronger role with regards to being a child's caregiver, and therefore would be more likely to gain child custody during divorce proceedings. The courts, however, have always followed the protocol that there is no discrimination on the basis of gender, sexual orientation or race.

Do moms have an edge in child custody hearings?

Many people in the Tempe, Arizona area, as well as greater Phoenix, may be under the common perception that in a child custody dispute, the child's mother has an automatic edge in that it easier for her to get custody than it is for a father to do so. This perception is likely based on the historical trend that when, a couple splits, children usually live with their mothers.

How can a father overcome another's false paternity claim?

When an unmarried father wishes to establish his paternity of his child, the usual procedure followed is his signing a voluntary acknowledgment of paternity. This document will establish his rights and responsibilities with respect to his child. There is usually no question that the person who signs a voluntary acknowledgment of paternity is the father of the child in question.

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