Many people assume that mothers automatically have more rights when it comes to child custody. That used to be true in some places, and for many years, courts often leaned toward awarding custody to mothers. But that’s not how Arizona family law works today. In Arizona, both parents are treated equally under the law. Whether you’re married, divorced, or never in a relationship with your child’s other parent, it’s important to understand your legal rights—and what steps you may need to take to protect them.
No Automatic Preference: Arizona Courts Aim for Equality
Arizona courts do not give mothers special treatment. Instead, they follow a legal standard called “the best interests of the child.” This means the court looks at a range of factors, such as:
- The emotional and physical needs of the child
- Each parent’s ability to meet those needs
- The relationship between the child and each parent
- Any history of domestic violence or substance abuse
The law is clear: gender alone has nothing to do with custody. That means being the mother doesn’t guarantee you’ll get more time with your child. It also means you won’t be penalized just for being a working parent or living separately from the father.
We help mothers present a clear and complete picture to the court, showing their involvement in the child’s life and ability to provide a stable environment.
Unmarried Mothers Have Immediate Rights
If you are not married to your child’s father, Arizona law gives you sole legal custody the moment your child is born. That means you have the right to make decisions about your child’s:
- Living arrangements
- Schooling
- Medical care
- Religious upbringing
Until the father legally establishes paternity, he does not have custody or visitation rights. You are not required to allow visits or share decision-making, even if he is involved informally.
This legal default gives unwed mothers a strong position from the start. However, if the father later establishes paternity through a court order or acknowledgment, that can change your legal responsibilities and the father’s rights.
Establishing Paternity and Its Impact on Mothers’ Rights
Paternity can be established in two ways:
- Voluntarily, by signing a form called an Acknowledgment of Paternity
- Through a court proceeding, which may involve DNA testing
Once paternity is established, both parents are legally recognized, and the court can issue custody, parenting time, and child support orders.
This process doesn’t take away your rights as a mother—but it does create a shared legal framework. That means you’ll need to work with the father or through the court to determine parenting time and legal decision-making. If you’re concerned about how that could affect your role or your child’s well-being, we can help you prepare and respond with a plan that reflects your goals.
Can a Mother Keep the Child from the Father?
This is one of the most common questions we hear. The answer depends on whether paternity has been legally established.
- If paternity has not been established: As the mother, you have the right to deny contact or refuse visitation. The father would need to go to court to assert any legal rights.
- If paternity and a parenting plan are in place: You cannot deny parenting time without violating a court order. Doing so could lead to legal consequences, including enforcement actions or modifications that reduce your time.
If you have safety concerns or believe parenting time would harm your child, we can help you seek protective measures or request a court order that reflects your concerns.
How We Help Arizona Mothers Protect Their Rights
At Cohen Family Law, we work with mothers across all kinds of family situations. Whether you’re married, separated, or never lived with your child’s father, we’ll help you understand your rights and build a legal plan that protects your role as a parent. Our services include:
- Filing for custody or parenting time
- Defending against unfair or aggressive legal actions
- Responding to paternity claims
- Creating or modifying parenting plans
- Petitioning for child support or enforcing current orders
We listen to your concerns, explain your options clearly, and work with you to build a strategy that fits your needs.
Knowing Your Rights Can Make All the Difference
Motherhood comes with enough challenges. You shouldn’t have to second-guess your legal rights. If you’re facing custody issues or paternity disputes or need help understanding your legal position as a mother, contact Cohen Family Law today. We’ll help you move forward with confidence.
