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AZ BILL SEEKS TO EXPAND FATHERS' CUSTODY RIGHTS

Posted on 18th October 2012 by RadiateWP in Blog, Divorce and Custody

fathers equal custody rights for children born out of wedlock. Currently, a birth mother automatically has sole legal custody until paternity is established through the Court and the Court grants father legal custody. Conversely, married parents automatically have joint legal custody. Murphy’s proposed bill would give unmarried parents joint legal custody as long as the parents acknowledge the father’s paternity or the father’s name is on the child’s birth certificate. Opponents of the bill including Senator Linda Lopez, D-Tucson are concerned about its unintended consequences. Lopez stated the bill can give equal rights to a father who has had no contact with a child for years but his name is on the birth certificate. Lopez believes absentee fathers can just show up at school or child care center and take the child. The reverse can also happen in a situation where the current law would protect the custody rights of mothers who have been absent for years where the father has been caring for the child. One gaping hole in the bill is the situation where an unknown father files for custody and in the interim period before the Court enters any orders the mother leaves the State. Under current Arizona law, this is an unintended consequence as married parents once they’re divorced actually are preliminarily enjoined from leaving the State. ]]>

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