Legal Options for Unmarried Parents Seeking Custody in Arizona

Unlike married parents, unmarried couples must often legally establish paternity and work through the family court to determine custody, parenting time, and child support. Whether you’re an unmarried mother seeking sole custody or an unmarried father seeking joint legal decision-making rights, it’s helpful to understand the legal framework and steps you can take.

• Paternity and Legal Rights of Unmarried Parents in Arizona
• Legal Decision-Making and Physical Custody Explained
• How to Establish Paternity in Arizona
• How Arizona Courts Decide Custody Cases for Unmarried Parents
• Sample Custody Schedule for Phoenix-Based Families
• Joint vs. Sole Custody: What Unmarried Parents Should Know
• Child Support Obligations and the Role of Arizona Guidelines
• Real-World Scenarios Involving Unmarried Parents
• Checklist for Unmarried Parents Pursuing Custody in Arizona
• How Lucas Law Can Help

At Lucas Law, Licensed Legal Paraprofessional Alison Lucas has helped many clients throughout Maricopa County and surrounding areas navigate child custody matters. With over 20 years of experience in Arizona family law, Alison works directly with clients to help them achieve legal custody, secure fair parenting plans, and ensure their rights are protected throughout the process.

That means the unmarried father must first establish paternity before he can assert rights to legal decision-making or parenting time.

Without this step, the mother has sole legal custody by default.

Once paternity is established, both parents are considered the child’s legal parents and can pursue custody or parenting time.

• Legal decision-making means the right to make significant decisions about the child’s education, health care, religion, and personal care.
• Parenting time is a crucial aspect of child custody laws for unmarried parents in Arizona. (also referred to as physical custody) refers to the actual schedule for when the child resides with each parent.

There are two main types of custody arrangements in Arizona:

1. Joint legal decision-making is essential in Arizona child custody arrangements. Both parents share responsibility for major decisions regarding their child’s welfare under Arizona child custody laws.
2. Sole legal decision-making: One parent has the authority to make major decisions without consulting the other.

The parenting schedule can also vary. Some parents share equal time (joint physical custody), while others may follow a more traditional visitation schedule.

This can be done:

1. At the hospital, parents may begin to establish paternity, which can affect custody arrangements. Both parents sign the child’s birth certificate and a voluntary acknowledgment.
2. Through the Arizona Department of Economic Security, parents can receive guidance on child custody laws if the mother is receiving child support services.
3. In family court, a judge can issue an order establishing paternity based on DNA test results or the parties’ consent.

Once paternity is legally established, the father can request parenting time and legal decision-making rights.

Under A.R.S. § 25-403, courts consider factors like:

• The child’s relationship with both parents
• Each parent’s ability to care for the child
• The child’s adjustment to home, school, and community
• History of domestic violence or substance abuse

Parents must submit a parenting plan to the court for approval. If parents agree, the court will likely approve their proposed custody arrangement. If parents disagree, the court will hold a hearing to determine what is in the best interest of the child.

• Week 1: Child lives with Parent A (Monday–Monday)
• Week 2: Child lives with Parent B (Monday–Monday)

Other Considerations: 

• Exchange Location: School or neutral site in Phoenix
• Holiday Schedule: Split major holidays alternating each year
• Summer Break: Parents alternate weeks or follow a different arrangement with extended time blocks

This type of schedule works well when both parents reside within reasonable proximity, such as in Phoenix and a nearby city like Tempe or Glendale.

Unmarried parents can agree to joint arrangements, but if a conflict arises, courts may lean toward shared decision-making unless there’s evidence that it would harm the child.

• Each parent’s income
• The time each parent spends with the child
• Costs of health insurance, childcare, and education

Even if a parent is not awarded custody, they may still have to pay child support to help financially care for the child. Arizona provides a child support calculator to estimate payments.

Establishing child support is often part of the same court case where custody is determined.

Scenario 2: Disagreement Over Legal Custody Sarah filed for sole custody of her son due to concerns about the father’s substance use, seeking legal advice from a child custody lawyer. The court ordered a drug test and parenting evaluation. Based on the findings, the judge awarded Sarah sole legal custody but granted the father supervised visitation until he completes treatment.

Scenario 3: Long-Distance Parenting Time Chris lives in Tucson, and Ana lives in Phoenix. Due to the distance, their parenting plan allocates Chris extended parenting time over the summer and holidays, while Ana has the child during the school year.

• Unmarried fathers have no legal rights until paternity is established.
• Arizona courts favor arrangements that support a relationship with both parents.
• Legal decision-making and physical custody are separate concepts.
• Parents must follow Arizona’s procedures even if they have an informal agreement.
• Courts prioritize the child’s best interest above all else.