Regular Post
Written by Canterbury Law Group

What is an Unfit Parent?

An unfit parent is one who, due to their behavior, actions, or circumstances, is deemed incapable of providing a safe, stable, and healthy environment for their child. Courts evaluate various factors to determine whether a parent is unfit, often in the context of custody disputes or child protective services investigations. The criteria can vary by jurisdiction, but common factors considered include:

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Criteria for Determining an Unfit Parent

  1. Abuse and Neglect:
    • Physical Abuse: Evidence of physical harm or the threat of harm to the child.
    • Emotional Abuse: Behavior that causes psychological trauma, such as constant criticism, threats, or rejection.
    • Sexual Abuse: Any form of sexual misconduct or exploitation involving the child.
    • Neglect: Failure to provide basic needs such as food, clothing, shelter, medical care, or education.
  2. Substance Abuse:
    • Drug or Alcohol Abuse: A parent’s addiction to drugs or alcohol can impair their ability to care for their child and create an unsafe environment.
  3. Mental Health Issues:
    • Untreated Mental Illness: Severe mental health conditions that are untreated or inadequately managed and negatively impact the parent’s ability to care for the child.
    • Behavioral Disorders: Conditions that lead to erratic or dangerous behavior around the child.
  4. Domestic Violence:
    • Violence in the Home: Exposure to domestic violence, whether the child is a direct victim or a witness, can be grounds for deeming a parent unfit.
  5. Criminal Behavior:
    • Criminal Activity: Involvement in illegal activities, especially those that could endanger the child, such as drug dealing, theft, or violence.
    • Incarceration: A parent’s imprisonment can also be a factor, particularly if it results in the inability to provide a stable home environment.
  6. Lack of Parental Involvement:
    • Abandonment: Leaving the child without proper care or contact for an extended period.
    • Failure to Maintain Contact: Consistent lack of involvement or interest in the child’s life.
  7. Parental Alienation:
    • Manipulative Behavior: Efforts to undermine the child’s relationship with the other parent, which can include false allegations, bad-mouthing, or manipulation.
  8. Inability to Provide a Safe Environment:
    • Unsafe Living Conditions: Living conditions that are hazardous to the child’s health or safety, such as exposure to dangerous individuals or environments.
    • Unstable Lifestyle: Constant moving, lack of stable housing, or failure to provide a consistent routine for the child.

Legal Process for Determining an Unfit Parent

  1. Filing a Petition:
    • A concerned party, often the other parent or a child welfare agency, files a petition with the court to evaluate the fitness of a parent.
  2. Investigation:
    • The court may order an investigation by social services or appoint a guardian ad litem to represent the child’s best interests. This may involve home visits, interviews, and reviewing records.
  3. Evidence and Testimony:
    • Both sides present evidence and testimony. This can include medical records, police reports, witness statements, and expert testimony.
  4. Court Hearing:
    • A judge evaluates the evidence and determines whether the parent is unfit. The focus is on the best interests of the child.
  5. Court Orders:
    • If a parent is found unfit, the court may issue orders regarding custody, visitation, and parental rights. This can include supervised visitation or, in severe cases, termination of parental rights.

Consequences of Being Deemed Unfit

  1. Loss of Custody:
    • The unfit parent may lose physical and/or legal custody of the child. Custody may be awarded to the other parent, a relative, or the state.
  2. Supervised Visitation:
    • The parent may only be allowed supervised visits with the child to ensure the child’s safety during interactions.
  3. Termination of Parental Rights:
    • In extreme cases, parental rights may be terminated, meaning the parent no longer has any legal rights or responsibilities toward the child.
  4. Mandatory Treatment or Rehabilitation:
    • Courts may order the parent to undergo treatment for substance abuse, mental health counseling, or parenting classes as a condition for regaining custody or visitation rights.

Determining a parent as unfit is a serious legal finding with significant consequences for both the parent and the child. Courts prioritize the child’s best interests and safety, considering a wide range of factors to make their determination. If a parent is struggling with issues that could impact their fitness, seeking help and addressing these problems proactively is crucial for maintaining or regaining their parental rights.

Read More About:

What Are The Chances Of A Father Getting Full Custody?

How Can a Father Get Full Custody?

Child Custody Rights For Mother’s

Family Law & Child Custody Information

Tips For Fathers Trying To Get Custody

Tips For Fathers Going Through Divorce In Scottsdale

Understanding Parenting Time Under Arizona Law

Speak with Our Father’s Rights Attorneys in Scottsdale

(480) 744-7711
INITIAL CONSULTATION

Our Father’s Rights, child custody, and guardianship attorneys in Phoenix and Scottsdale address your case with concern and personal attention, and always have you and your children’s best interest in mind when offering legal solutions.

We are experienced family law attorneys and will work with you to obtain the best possible outcome in your situation. You can trust us to represent you fully, so you can get on with your life. Call today for an initial consultation!

*This information is not intended to be used as legal advice. Please contact Canterbury Law Group today to learn more about your personal legal needs. 480-744-7711 or [email protected]

Child Custody, Father's Rights, Fathers Custody Rights
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Regular Post
Written by Canterbury Law Group

Paternity Law

Family Law is a legal practice area where attorneys focus on legal issues such as divorce, adoption and child custody among others. Practicing family law attorneys can represent clients in family court proceedings, related negotiations and can also help to draft legal documentation such as property settlement agreements or court petitions. Some family law attorneys also offer services to help with adoption, emancipation, paternity or other matters not usually related to divorce.

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Paternity law deals with the legal recognition of a man as the father of a child. It encompasses a range of issues, including establishing paternity, the rights and responsibilities of fathers, and related matters such as child support and custody. Here is a detailed overview of paternity law:

Establishing Paternity

  1. Voluntary Acknowledgment:
    • Birth Certificate: In many cases, paternity is established when both parents sign the birth certificate at the time of the child’s birth.
    • Acknowledgment of Paternity (AOP): Both parents can sign a voluntary acknowledgment of paternity form, which is a legal document recognizing the man as the child’s father. This can typically be done at the hospital or later through a government agency.
  2. Court Order:
    • Paternity Lawsuit: Either parent or the child can file a paternity lawsuit to establish the legal father of the child. This can be initiated by the mother, the alleged father, or the state (often in cases involving public assistance).
    • Genetic Testing: If paternity is contested, the court may order genetic testing (DNA testing) to determine whether the alleged father is biologically related to the child.
  3. Presumption of Paternity:
    • Marital Presumption: In many jurisdictions, a man is presumed to be the legal father if he is married to the mother at the time of the child’s birth. This presumption can be rebutted by evidence to the contrary.

Rights and Responsibilities

  1. Parental Rights:
    • Custody and Visitation: Once paternity is established, the father has the right to seek custody and visitation. Courts typically aim to make decisions in the best interests of the child, which can involve joint or sole custody arrangements.
    • Decision-Making: Fathers gain the right to participate in significant decisions affecting the child’s life, including education, medical care, and religious upbringing.
  2. Parental Responsibilities:
    • Child Support: Establishing paternity creates a legal obligation for the father to support the child financially. Child support amounts are determined based on state guidelines, which consider both parents’ incomes and the needs of the child.
    • Health Insurance: Fathers may be required to provide health insurance for their children or contribute to medical expenses not covered by insurance.

Challenges and Considerations

  1. Disputed Paternity:
    • When paternity is disputed, genetic testing is a reliable method for establishing biological relationships. Courts rely heavily on the results of these tests to make determinations about paternity.
  2. Unmarried Parents:
    • Paternity issues are often more complex for unmarried parents. Establishing paternity is a critical step for unmarried fathers to secure their parental rights and responsibilities.
  3. Revoking Paternity:
    • In some cases, an acknowledgment of paternity can be challenged and revoked if new evidence (such as DNA test results) suggests that the acknowledged father is not the biological father. The process and time limits for challenging paternity vary by jurisdiction.

Legal Assistance

  • Paternity Lawyers: Legal professionals specializing in family law can assist with paternity issues, including filing paternity actions, navigating genetic testing, and addressing disputes.
  • Government Agencies: Many states have child support enforcement agencies that assist with establishing paternity, especially in cases where public assistance is involved.

Paternity law is a critical aspect of family law that ensures the legal recognition of a father-child relationship, conferring rights and responsibilities upon the father. Establishing paternity can be done voluntarily or through court proceedings, and it plays a fundamental role in matters of child support, custody, and visitation. Understanding the legal framework and seeking appropriate legal advice can help navigate the complexities of paternity law effectively.

Need a Family Lawyer in Scottsdale?

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Our experienced family law attorneys will work with you to obtain the best possible outcome in your case.  Proven trial lawyers in family court, you can trust the firm to represent you fully so you can get on with your life. Call today for your initial consultation. Our family lawyers can help with divorce litigation, collaborative divorce, divorce mediation, child custody, legal guardianship, paternity, prenuptial agreements, and more.

*This information is not intended to be used as legal advice. Please contact Canterbury Law Group today to learn more about your personal legal needs. 480-744-7711 or [email protected]

Family Law, Father's Rights, Fathers Custody Rights, Fathers Rights, Fathers Visitation Rights, paternity law
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Fathers Rights During Pregnancy
Regular Post
Written by Canterbury Law Group

Fathers Rights During Pregnancy

The rights of fathers during pregnancy can vary depending on legal jurisdiction and the circumstances surrounding the pregnancy. In general, fathers typically have certain rights and responsibilities during pregnancy, including:

  1. Legal Paternity Rights: If the father is legally recognized as the child’s father, he may have certain rights regarding custody, visitation, and decision-making regarding the child’s upbringing. Establishing paternity can vary depending on the laws of the jurisdiction.
  2. Support Obligations: Fathers are typically obligated to provide financial support for their child, including during pregnancy. This can include expenses related to prenatal care and childbirth.
  3. Medical Decision-making: In some jurisdictions, fathers may have the right to be involved in medical decisions related to the pregnancy and childbirth, particularly if they are married to the mother or if paternity has been legally established.
  4. Emotional Support and Involvement: Regardless of legal rights, many fathers choose to be actively involved in the pregnancy and childbirth process, providing emotional support to the mother and participating in prenatal appointments and childbirth classes.
  5. Parental Leave: Some jurisdictions provide paternity leave or other forms of parental leave that allow fathers to take time off work to support their partner during pregnancy and to bond with their newborn child after birth.

Does A Father Have Rights To An Unborn Child?

The extent of a father’s legal rights to an unborn child can vary depending on jurisdiction and specific circumstances. Generally, fathers do not have legal rights to an unborn child in the same way that they do to a child who has been born. However, once the child is born, assuming paternity is established, fathers typically have rights and responsibilities related to custody, visitation, and support.

Before the child is born, fathers may have limited legal rights, but they may still have certain responsibilities, such as providing financial support for the mother’s prenatal care and childbirth expenses. Some jurisdictions allow fathers to seek custody or visitation rights before the child is born through legal processes such as paternity establishment or seeking court orders.

In cases where the father and mother are married or in a legally recognized partnership, the father may have more rights and involvement in decisions related to the pregnancy and childbirth. However, if the parents are unmarried and paternity has not been established, the father’s rights may be more limited.

Establishing Legal Parenthood For Fathers

Establishing legal parenthood for fathers typically involves a few key steps, which may vary depending on the jurisdiction:

  1. Voluntary Acknowledgment of Paternity: In many places, if the parents are unmarried, they can establish paternity voluntarily by signing a legal document called an Acknowledgment of Paternity. This document is typically available at hospitals, birthing centers, or vital records offices. Both parents must sign the document, and it is usually filed with the appropriate government agency to establish the father’s legal rights and responsibilities.
  2. Genetic Testing: If there is a dispute about paternity or if the mother disputes the father’s claim of paternity, genetic testing may be required. DNA testing can conclusively determine whether a man is the biological father of a child. Courts may order genetic testing if paternity is in question, and the results of the test can be used to establish legal parenthood.
  3. Court Order: In some cases, particularly if paternity is disputed or if one parent is unwilling to acknowledge paternity voluntarily, it may be necessary to seek a court order to establish legal parenthood. This typically involves filing a petition with the court requesting a determination of paternity. The court may order genetic testing and, if the results confirm paternity, issue an order establishing the father’s legal rights and responsibilities.
  4. Marriage: If the parents are married at the time of the child’s birth, the husband is typically presumed to be the legal father of the child. However, this presumption can be rebutted if there is evidence to the contrary, such as proof of infertility or evidence of another man’s paternity.

Once legal parenthood is established, the father typically has rights and responsibilities regarding custody, visitation, and financial support for the child. It’s important for fathers to understand their rights and obligations under the law and to seek legal advice if they have questions or concerns about establishing legal parenthood.

What Is A Father’s Financial Responsibility During Pregnancy?

A father’s financial responsibility during pregnancy can vary depending on factors such as legal jurisdiction, the relationship between the parents, and individual circumstances. However, some common financial responsibilities that fathers may have during pregnancy include:

  1. Medical Expenses: Fathers may be responsible for contributing to the costs of prenatal care, including doctor’s appointments, ultrasounds, lab tests, and medications. This can also include expenses related to childbirth, such as hospital bills and delivery costs.
  2. Health Insurance Coverage: If the father has health insurance that covers dependents, he may be responsible for adding the mother and unborn child to his insurance policy to help cover medical expenses related to the pregnancy and childbirth.
  3. Supporting the Mother: Fathers may be expected to provide financial support to the mother during pregnancy to help cover living expenses and other necessities. This can include contributing to rent or mortgage payments, utilities, groceries, and other household expenses.
  4. Childbirth Classes and Other Preparations: Fathers may be responsible for sharing the costs of childbirth classes, prenatal vitamins, maternity clothes, and other expenses related to preparing for the baby’s arrival.
  5. Unforeseen Expenses: Fathers should also be prepared to help cover any unexpected expenses that arise during pregnancy, such as medical emergencies or complications that require additional financial resources.

It’s important for both parents to communicate openly about financial responsibilities during pregnancy and to work together to ensure that the needs of both the mother and unborn child are met. In cases where the parents are unmarried or separated, legal agreements or court orders may be necessary to establish financial obligations and ensure that both parents contribute appropriately to the costs associated with pregnancy and childbirth.

Can You Not Tell The Father You Are Pregnant?

Deciding when and how to share such news can be a deeply personal matter, and there might be various reasons why someone may choose not to tell the father about a pregnancy right away. It’s essential to consider the circumstances and implications carefully.

If you’re in a situation where you’re hesitant to tell the father, it might be helpful to reflect on why that is and whether there are concerns that need addressing. Keeping such news from the father could potentially lead to complications down the road, so it’s essential to approach the situation with care and honesty, whenever you feel ready. If you need advice or support, don’t hesitate to reach out to trusted friends, family, or professionals who can provide guidance tailored to your specific circumstances.

Can You Have A Baby And Not Tell The Father?

Yes, it is possible for someone to have a baby and choose not to tell the father about the pregnancy or the child. There could be various reasons for this decision, such as concerns about the father’s involvement, personal safety, or other complex circumstances.

However, it’s important to consider the potential long-term implications of such a decision, both for the child and for the relationship between the child and the father. In many cases, maintaining open communication and transparency can lead to better outcomes for everyone involved, even if the situation is challenging.

If you’re considering not telling the father about a pregnancy or a child, it might be helpful to seek guidance from trusted friends, family members, or professionals who can offer support and perspective on your specific circumstances.

After the baby is born, you are not entitled to make decisions regarding the child if you are not the biological parent or do not have custody. However, if you have sole or joint legal custody, you are in a position to decide on important aspects of their upbringing. Create a newborn custody agreement to specify the responsibilities of each parent. Make use of a parenting plan template as a reference. It can be drafted while you are pregnant, and once the baby is born, the court can approve it.

Signing Over Parental Rights Of An Unborn Child

Signing over parental rights of an unborn child is a complex legal matter and the specifics can vary greatly depending on jurisdiction. In many places, it’s not possible to sign over parental rights to an unborn child because legal parental rights generally come into effect after the child is born. However, there might be options for relinquishing parental rights after birth through processes like adoption or termination of parental rights.

If you’re considering such a step, it’s crucial to seek legal advice from a qualified attorney who specializes in family law. They can provide guidance on the relevant laws in your jurisdiction and help you understand your rights and options. Additionally, it’s important to consider the potential emotional and practical implications of such a decision, both for yourself and for the child. Talking to a counselor or therapist can also be beneficial in navigating these complex issues.

Father’ Rights In Abortion

The topic of fathers’ rights in the context of abortion is complex and intersects with legal, ethical, and social dimensions. Here’s an overview of the key aspects:

Legal Perspective

  1. Current Legal Framework:
    • In most jurisdictions, the legal right to decide whether to have an abortion resides with the pregnant woman. This stems from the recognition of bodily autonomy and privacy rights.
    • The landmark U.S. Supreme Court case Roe v. Wade (1973) established the constitutional right to privacy, which includes a woman’s right to choose to have an abortion. This decision was modified by the 2022 case Dobbs v. Jackson Women’s Health Organization, which returned the power to regulate abortion to individual states, but did not explicitly grant fathers any decision-making power.
  2. Paternity Rights:
    • Fathers generally have rights concerning their children once they are born, including custody, visitation, and child support. However, these rights do not typically extend to decisions about abortion.
  3. State Variations:
    • Some states have attempted to introduce laws requiring that fathers be notified of or consent to an abortion, but these have generally been struck down as unconstitutional.

Ethical and Social Considerations

  1. Bodily Autonomy:
    • The principle of bodily autonomy supports the idea that individuals should have control over their own bodies, which includes making decisions about pregnancy.
  2. Parental Responsibilities and Interests:
    • Some argue that fathers should have a say in abortion decisions because they have a stake in the potential life of the child. However, this interest is often seen as secondary to the pregnant woman’s bodily autonomy.
  3. Relationship Dynamics:
    • The dynamics of the relationship between the parents can also affect opinions on this issue. In some cases, men may feel they should have a say, especially if they are in a committed relationship. Conversely, in situations involving abuse or coercion, giving fathers more rights could endanger the pregnant woman.

Advocacy and Movements

  1. Men’s Rights Groups:
    • Some men’s rights groups advocate for increased paternal rights in abortion decisions. They argue for equal say in the decision-making process or at least for fathers to be notified.
  2. Reproductive Rights Groups:
    • Groups advocating for reproductive rights typically emphasize the importance of protecting women’s autonomy and ensuring access to abortion without additional hurdles, including mandatory notification or consent from fathers.

The rights of fathers in the context of abortion remain a contentious issue. While fathers have significant rights and responsibilities regarding their children post-birth, the prevailing legal and ethical frameworks prioritize the pregnant woman’s right to make decisions about her own body. This balance reflects broader principles of bodily autonomy and privacy, even as debates continue about the appropriate roles and rights of fathers in these deeply personal and complex decisions.

Can A Father Stop A Pregnant Mother From Moving?

The ability of a father to prevent a pregnant mother from moving depends on various legal and contextual factors. Generally, it is difficult for a father to legally stop a pregnant mother from relocating, especially before the child is born. Here are key points to consider:

Legal Context

  1. Rights During Pregnancy:
    • Autonomy of the Pregnant Woman: During pregnancy, the legal rights of the mother over her body and movement are typically prioritized. Courts generally do not impose restrictions on a pregnant woman’s right to move or relocate.
    • Legal Status of the Fetus: In many jurisdictions, a fetus does not have separate legal rights independent of the pregnant woman. Consequently, the father does not have legal grounds to control the movements of the pregnant mother based on the unborn child’s interests.
  2. Post-Birth Considerations:
    • Custody and Visitation Rights: Once the child is born, both parents’ rights and responsibilities come into play. If the mother moves before the child is born, custody and visitation arrangements will be established based on the location of the parents at that time.
    • Impact on Custody: If a mother relocates during pregnancy and the father wishes to be involved in the child’s life, the distance may impact future custody and visitation arrangements. Courts generally consider the best interests of the child when making these decisions, which includes maintaining relationships with both parents.

Factors Influencing Court Decisions

  1. Best Interests of the Child:
    • Courts prioritize the best interests of the child when making custody and visitation decisions. They consider factors such as the child’s stability, the parents’ ability to cooperate, and the child’s relationship with each parent.
  2. Mother’s Reason for Moving:
    • If the mother’s relocation is motivated by valid reasons (e.g., employment opportunities, support from family, safety concerns), courts may view the move more favorably.
  3. Father’s Involvement:
    • The father’s level of involvement and commitment to the child can influence court decisions. Demonstrating a desire to be actively involved in the child’s life can be a significant factor.

Practical Considerations

  1. Communication and Cooperation:
    • Open communication and cooperation between parents can help manage the implications of a move. If possible, discussing and negotiating terms that consider both parents’ roles can lead to more amicable arrangements.
  2. Legal Advice:
    • Both parents should seek legal advice to understand their rights and obligations. Family law attorneys can provide guidance specific to their jurisdiction and circumstances.

Before the child is born, it is generally challenging for a father to legally prevent a pregnant mother from moving. The mother’s autonomy and the absence of separate legal rights for the fetus support her freedom to relocate. However, once the child is born, custody and visitation arrangements will consider the best interests of the child, which may include maintaining relationships with both parents. Communication, cooperation, and legal counsel are crucial in navigating these situations.

Child Custody & Parenting Time, Custody Terms, Divorce attorneys Scottsdale, Father's Rights, Fathers Custody Rights, Fathers Rights, Scottsdale Divorce, Sole Child Custody
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Regular Post
Written by Canterbury Law Group

How Can a Father Prove a Mother Unfit?

Judges see parental fitness as an essential part of a child custody decision. Deciding what is in the best interest of the child factors in looking at the standing of the parents. If one of the parents is more stable than the other, judges can choose to award sole custody (sole legal decision making) to the more stable parent. And as a result, parental suitability is often instrumentally used in custody battles. Each state has its own set of rules as regards to what makes an unfit parent. Despite that, there are some generally accepted grounds that a parent can use to prove that the other parent is unfit. These include neglect, mental illness, abuse, drug or alcohol abuse and incarceration.

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How Do I Find a Father’s Rights Attorney Near Me?

If you are in the Scottsdale area, our Father’s Rights Attorneys can help! Our Child Custody lawyers will address your case with concern and personal attention, and always have you and your children’s best interest in mind when offering legal solutions.

1. Research the Criteria for Your State

Research your state’s statutes to find the criteria to deem a parent unfit. Usually, these statutes are found in the family or juvenile codes. Visit your states court website or other online service providers to find the requirements for your state.

2. Collect Evidence to Prove the Mother is Unfit

Collect evidence proving that the other parent is unfit. Evidence that can be submitted in court can include pictures, video and/ or audio files of verbal physical or abuse, recorded medical files that document injuries, the parent’s criminal history and direct communication between the petitioner and the other parent. The evidence needs to be strong and impartial. Courts are inclined to protect the parent-child relationship and will not rule a parent unfit without substantial and hard evidence.

3. Schedule an Appointment with Medical and Mental Health Professionals

Schedule an appointment with medical and mental health professionals for an evaluation of your child. Depending upon any current custody (legal decision making) requirements, this step may need to wait until there is a court-ordered evaluation. In certain cases, the consent of each parent may be necessary for such evaluations.

4. Locate and Download your Appropriate State Forms

Locate and download the appropriate forms from your states court website or another online document provider. State child custody laws have strict rules in regard to what court holds jurisdiction over such matters. You will need either a Motion to Modify Child Custody order or a Petition for Custody form, depending on if there is already an order currently in place or not.

5. Fill Out the Forms

Fill out and complete the forms. Enter the information that includes parental contact information, any related court cases, the child’s name, birth date, and current living situation and the reason for petition or modification. Include the grounds for their unfitness and the evidence collected to back up your claim. Sign the form and make sure to make a copy for your records.

6. File the Forms with the Appropriate Court

File the forms and any attachments with the correct court. Review your state regulations to find out whether this will be a family or juvenile court in the county where the child lives or some other type of requirement. Jurisdiction over child custody cases will vary from state to state. If it is a petition for revision, file the papers where they were originally filed. The clerk will then assign a case number.

7. Have the Documents Served to the Other Parent

Have the documents personally served on the other parent by a licensed process server. Go over the service of process rules for the appropriate court. Service rules differ by their jurisdiction, but typically requires in-person service by a law enforcement agency, a private process server or an adult over 18 and that is impartial to the suit. Provide proof of services form for the individual to complete. Deliver the proof of service form back to the court clerk.

8. Go to the Hearing and Explain Why you Requested the Hearing

Go to the hearing. Explain why you are requesting the hearing and provide an explanation for the petition. Make sure to be concise and clear. Produce original copies of the evidence proving your unfit parent claim. Bring the original copies of the evidence you collected against the parent that backs up your claim. This will include any witness testimony, medical or school records validating your claim that the parent is unfit and that it’s not in the child’s best interest to remain in her care. After hearing both sides, the court might rule or order a child custody evaluation. The evaluation will include a comprehensive review of both parents and the child. The evaluator is an impartial party who will evaluate each home environment, interview friends and family and schedule psychological testing for everyone involved.

9. Participate in the Child Custody Evaluation

If necessary, participate in the court-ordered child custody evaluation.

10. Attend the Hearing

Attend the hearing for the judge’s ruling.

Source:

Stevens, Alisa. “How to Prove a Parent Unfit in Child Custody Cases.” LegalZoom Legal Info, 21 Nov. 2017, info.legalzoom.com/prove-parent-unfit-child-custody-cases-21345.html.

Read More About:

What Are The Chances Of A Father Getting Full Custody?

How Can a Father Get Full Custody?

Child Custody Rights For Mother’s

Family Law & Child Custody Information

Tips For Fathers Trying To Get Custody

Tips For Fathers Going Through Divorce In Scottsdale

Understanding Parenting Time Under Arizona Law

Speak with Our Father’s Rights Attorneys in Scottsdale

(480) 744-7711
INITIAL CONSULTATION

Our Father’s Rights, child custody, and guardianship attorneys in Phoenix and Scottsdale address your case with concern and personal attention, and always have you and your children’s best interest in mind when offering legal solutions.

We are experienced family law attorneys and will work with you to obtain the best possible outcome in your situation. You can trust us to represent you fully, so you can get on with your life. Call today for an initial consultation!

*This information is not intended to be used as legal advice. Please contact Canterbury Law Group today to learn more about your personal legal needs. 480-744-7711 or [email protected]

Child Custody, Father's Rights, Fathers Custody Rights
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Regular Post
Written by Canterbury Law Group

What Are The Chances Of A Father Getting Full Custody?

If you are wondering what the chances of a father gaining full custody of his children are, keep reading to learn more about a father’s custody rights!

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“It seems so hopeless as a single father to get full custody of my kids.” “Do I have the same parental rights as their mother?” “Am I going into this at a disadvantage, or do I have to go to court?” These are real questions single dads across the U.S. are asking. Before you give up on getting full custody of your kids, here are the answers single dads need to know.

What Is The Difference Between Full Child Custody and Joint Child Custody

Full custody is commonly referred to as sole custody. Parents who want full custody rights need to know the differences between what full custody is and what joint custody is. In the end, most courts grant both  parents joint and equal custody of a child.

  • In a joint custody situation, parents share their physical and/or legal custody of their child.
  • However, in a full custody situation, only one parent has the sole responsibility for their children.

If The Father Is Single Can He Still Get Full Custody?

The courts consider it preferable for both parents to share custody of their children, there can be circumstances where the courts would consider granting full custody to only one parent. Additionally, the courts are not allowed to show any prejudice against fathers, so if they can show that they’re better suited as a parent, they do have the chance of getting full custody. But they should also be prepared for a difficult child custody battle if the child’s mother also plans to file for full custody.

Full Custody Right Factors Considered By the Courts

Those parents who want full custody rights should know what to expect prior to their court proceedings. A court will determine the following factors in deciding which parent should gain full custody rights:

Paternity: A father who is interested in gaining full custody of their child should have proven their paternity of the child. A father can establish paternity by signing the child’s birth certificate or by acknowledging paternity during paternity proceedings in court, or after court ordered genetic testing of both parrents’ DNA.

The father’s relationship with the child: A judge will examine the parent’s relationship with the child, prior to granting them full custody rights. The father should be prepared to answer questions regarding his relationship with the child during their child custody proceedings. A judge will also inquire about past regular visitation.

The child’s relationship with his/her mother: A court will be hesitant to interrupt a child custody arrangement that is working, particularly if the child’s mother is the principal caretaker of the child. For instance, a court would consider changing the custody arrangement if they feel the child is in danger, or if the child’s mother is suffering from a mental illness or if the child’s mother is taking drugs or abusing alcohol. A father who desires full custody of their child should be prepared to prove that a substantial  change in circumstances justifies a complete change in custody.

A father who wants full custody rights of their child should be aware that the courts will often offer ample visitation rights to the child’s mother, as the relationship with both parents is deemed to be in the child’s best interests. For more information about gaining full custody rights, fathers should refer to the child custody laws of Arizona and find additional sources about how they can gain custody of their child.

Source:

Washington, Debrina. “Can a Father Get Full Custody of a Child?” Verywell Family, Verywellfamily, 27 Sept. 2018, www.verywellfamily.com/how-can-fathers-get-full-custody-2997129.

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*This information is not intended to be legal advice. Please contact Canterbury Law Group today to learn more about your personal legal needs.

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