Why Clients Trust Our Team
- Helping Families Since 1982
- Free 30-Minute Consultations
- Over 3,000 Family Law Cases Successfully Handled
- Award-Winning Phoenix Family Law Attorney
- Top 5% Most Honored Professionals In America
At Cohen Family Law, we help clients throughout Phoenix navigate these situations with clarity and purpose. Our goal is to protect your role in your child’s life while working toward outcomes that support your child’s well-being.
Parental Rights Services We Handle
We represent parents in a wide range of parental rights matters in Phoenix, including:
- Establishing paternity
- Defending or asserting parental rights
- Custody and parenting time disputes
- Cases involving the Department of Child Safety
- Termination and severance proceedings
- Fathers’ rights cases
- Grandparents’ rights cases
- Stepparent rights cases
- Parental rights issues in same-sex families
Every case is different, and the right legal approach depends on your specific circumstances.
Establishing Paternity In Arizona
Establishing paternity is often the first step in securing parental rights. Once legal paternity is established, a father can seek parenting time, decision-making authority, and other legal rights related to the child.
Paternity may be established through:
- DNA testing
- Marriage to the child’s mother at the time of birth
- Being listed on the birth certificate
- Adoption
- Filing as a putative father
Paternity actions can be brought by:
- The mother
- The presumed or alleged father
- A man claiming to be the father
- In some cases, a government agency acting on behalf of the child
Establishing paternity also creates financial responsibilities, including child support obligations.
Paternity Creates Rights And Responsibilities
Fathers’ Rights In Arizona
Arizona law recognizes that fathers have the right to play an active and meaningful role in their child’s life. Whether married or unmarried, fathers can seek legal decision-making authority and parenting time. Fathers generally have the right to:
- Spend parenting time with their child
- Seek joint or sole custody
- Participate in major decisions affecting the child
- Receive notice of adoption proceedings
For unmarried fathers, taking early legal steps, such as establishing paternity or registering as a putative father, can be critical to protecting these rights.
LGBTQIA+ Parental Rights In Arizona
Arizona law recognizes that LGBTQIA+ parents have the same legal rights as any other parent when it comes to custody, parenting time, and decision-making. Courts apply the same standards regardless of sexual orientation, focusing on the best interests of the child. This means:
- Both spouses in a same-sex marriage may have presumed parental rights
- A lack of biological connection does not automatically prevent custody rights
- Adoptive parents have full legal standing
- Courts cannot discriminate based on sexual orientation
Parental rights issues in LGBTQIA+ families can still present unique legal challenges, especially in cases involving non-biological parents, prior relationships, or disputes over parentage. Having clear legal documentation and a strong case strategy can be critical.
Parental Rights And Responsibilities
Parental rights also come with responsibilities. Arizona law expects parents to support their child both financially and emotionally.
These responsibilities may include:
- Providing financial support
- Participating in the child’s upbringing
- Supporting the child’s education and healthcare
- Maintaining a stable and safe environment
Balancing rights and responsibilities is often central to parental rights cases.
When Can Parental Rights Be Terminated?
Termination of parental rights is one of the most serious actions a court can take. It is typically considered only when necessary to protect the child’s safety and well-being. Termination may occur voluntarily or involuntarily. Common reasons may include:
- Abuse or neglect
- Abandonment
- Chronic substance abuse
- Serious mental health issues affecting parenting ability
- Long-term incarceration
- Unsafe living conditions
In many cases, termination proceedings involve investigations by the Department of Child Safety. Not every investigation results in removal, and many cases are resolved without permanent termination.
Termination Is A Last Resort!
Cases Involving The Department Of Child Safety
If DCS becomes involved in your family, it is important to act quickly. These cases can move fast and may affect custody, visitation, and parental rights. Legal representation can help:
- Respond to allegations
- Protect your rights during investigations
- Navigate court proceedings
- Work toward reunification when appropriate
Early action can make a significant difference in these cases.
Contact Our Phoenix Parental Rights Attorney
If you are dealing with a parental rights issue in Phoenix, Cohen Family Law is ready to help. Whether you are establishing paternity, defending your rights, or facing a complex family law matter, we provide experienced, practical guidance every step of the way. Contact our office today to schedule your free consultation.
Hear From Our Clients
“Cohen Family Law Team has been nothing but wonderful. Thank you for your guidance, quick responses and for helping through an unpleasant time in my life. Jordan was very great at responding to my questions quickly, listening and understanding my concerns and getting them through to Mitch. Mitch did an amazing job representing me, laying out all options available, respecting my decisions and never making me feel pressured. Will definitely recommend for anyone who is looking for a team that is personable, aggressive when need be and to make you a priority. Thanks again for everything.” – Lyn L.
FAQs
Do I need to establish paternity to get custody rights in Arizona?
Yes. If you are not legally recognized as the child’s parent, you must first establish paternity before seeking custody or parenting time.
Can parental rights be restored after termination?
In some situations, restoration may be possible, but it depends on the circumstances and the court’s decision.
What happens if DCS investigates my family?
An investigation does not automatically mean your child will be removed. However, it is important to take the situation seriously and seek legal guidance.
Do same-sex parents have the same rights in Arizona?
Yes. Arizona law applies the same standards to same-sex and opposite-sex parents when determining parental rights.
Cohen Family Law services clients with their parental rights needs throughout the Phoenix, Arizona area, including Anthem, Chandler, Gilbert, Glendale, Goodyear, Laveen, Mesa, Peoria, Scottsdale, Surprise, and Tempe.
