For unmarried fathers in Arizona, establishing paternity is a significant legal milestone. Until paternity is legally confirmed, a father has no enforceable rights regarding his child—no right to parenting time, no say in medical or educational decisions, and no authority to be involved in major aspects of the child’s life.
But once paternity is established, Arizona law recognizes the father as a legal parent. This recognition opens the door to important parental rights—alongside responsibilities.
The Shift from Biological to Legal Father
When paternity is established, the father becomes a legal parent—not just biologically connected, but legally responsible and entitled to participate in the child’s life. This means the court can issue orders relating to:
- Legal decision-making authority
- Parenting time
- Child support
- Access to records
Understanding what these rights are—and how to assert them—is crucial for any father who wants to be an active part of their child’s upbringing.
1. The Right to Legal Decision-Making Authority
In Arizona, “legal custody” is referred to as legal decision-making authority. This gives a parent the right to make major decisions about the child’s:
- Education
- Healthcare
- Religious upbringing
- Personal care and welfare
After paternity is established, a father has the legal standing to request either sole or joint decision-making authority. Courts typically prefer arrangements that allow both parents to share in these decisions unless doing so would not serve the child’s best interests (e.g., due to domestic violence or substance abuse concerns).
2. The Right to Parenting Time (Visitation)
A father with established paternity can petition the court for parenting time, which outlines when the child will spend time with each parent. Arizona law presumes it is in the child’s best interest to maintain meaningful contact with both parents, as long as it is safe and supportive.
Parenting time can range from alternating weekends to a 50/50 shared schedule, depending on the circumstances. Once established, these rights are protected by court orders, and the other parent cannot legally deny access.
3. The Right to Participate in Legal Proceedings
With paternity legally established, a father has standing to:
- File a custody petition
- Oppose relocation of the child
- Request changes to parenting orders
- Enforce or modify child support
Without legal paternity, the court typically won’t recognize the father’s position in these matters. That’s why confirming paternity is so critical.
4. The Right to Access Records
Once paternity is confirmed, a father generally has the same rights as the mother to access the child’s:
- School records
- Medical records
- Legal records
This access ensures fathers can stay involved and informed about their child’s development, health, and well-being.
A Word on Responsibility: Child Support
Legal paternity not only gives rights—it also creates responsibilities. Most notably, a legal father may be required to pay child support. Arizona’s child support guidelines are based on each parent’s income, the amount of parenting time, and the child’s specific needs.
Fathers should not fear this obligation; rather, it reflects a legal and moral commitment to the child’s financial well-being.
Next Steps for Fathers
After establishing paternity, it’s essential to take the next step: asserting your rights. If the other parent is uncooperative, or if you need help developing a parenting plan or filing for custody, consult with a qualified Arizona family law attorney.
Legal recognition as a father is powerful—but it’s only the beginning. With the right guidance, you can ensure that your relationship with your child is protected, nurtured, and supported for years to come.