Having a child together does not require marriage—but when parents separate, custody questions often arise. In Arizona, child custody laws apply equally to married and unmarried parents, but there is one major difference at the start: legal parentage.
If you are an unmarried mother or father in Arizona, understanding your rights—and responsibilities—can make a big difference in your child’s future and your relationship with them.
This guide explains Arizona child custody laws for unmarried parents in plain English, covering parental rights, paternity, custody decisions, parenting time, child support, and common mistakes to avoid.
Arizona’s Core Rule: Best Interests of the Child
Arizona courts decide custody based on one main standard:
What is in the best interests of the child?
Judges do not favor mothers or fathers. They focus on:
- Stability
- Safety
- Emotional well-being
- Healthy relationships with both parents
Marital status does not determine custody outcomes.
Custody Terminology in Arizona (Important to Know)
Arizona no longer uses the word “custody” in court orders. Instead, the law uses:
- Legal Decision-Making
This means the right to make major decisions about the child’s:
- Education
- Healthcare
- Religion
- Personal care
It can be:
- Joint legal decision-making
- Sole legal decision-making
- Parenting Time
This refers to:
- Where the child lives
- How much time the child spends with each parent
Unmarried Parents: Who Has Rights at Birth?
Mother’s Rights
If parents are unmarried:
- The mother automatically has full legal rights
- She has sole legal decision-making until paternity is established
Father’s Rights
An unmarried father does not have automatic custody rights until paternity is legally established.
This does not mean fathers have fewer rights—it means they must take an extra legal step.
Establishing Paternity in Arizona
Paternity is the legal recognition of a child’s father.
Ways to Establish Paternity:
- Voluntary Acknowledgment of Paternity
- Signed at the hospital or later
- Both parents agree on fatherhood
- Filed with the state
- Court Order
- Requested by either parent
- May include DNA testing
- Often part of a custody or child support case
Once paternity is established, the father can:
- Request parenting time
- Seek legal decision-making rights
- Be ordered to pay child support
Can an Unmarried Father Get Custody in Arizona?
Yes—absolutely.
After paternity is established, unmarried fathers have the same rights as married fathers.
Courts may grant:
- Joint legal decision-making
- Equal or near-equal parenting time
- Sole decision-making (in limited cases)
What matters is parenting ability—not marital status.
How Arizona Courts Decide Custody for Unmarried Parents
Judges consider many factors, including:
- The child’s relationship with each parent
- Each parent’s involvement in caregiving
- Ability to provide a stable home
- Mental and physical health of parents
- History of domestic violence or substance abuse
- Willingness to support the child’s relationship with the other parent
- The child’s wishes (if mature enough)
Arizona strongly encourages frequent, meaningful contact with both parents, unless it would harm the child.
Parenting Plans Are Required
Arizona law requires parents to submit a parenting plan.
A parenting plan includes:
- Parenting time schedule
- Decision-making authority
- Holiday and vacation schedules
- Transportation arrangements
- Communication rules
If parents cannot agree, the judge creates one.
Child Support for Unmarried Parents
Child support is separate from custody.
Even if a parent:
- Has limited parenting time, or
- Does not see the child often
They may still be required to pay child support.
Support is calculated using:
- Each parent’s income
- Parenting time schedule
- Healthcare and childcare costs
Can a Mother Deny an Unmarried Father Visitation?
Not legally—once paternity is established.
A mother may temporarily limit access before paternity is confirmed, but after that:
- Parenting time must follow court orders
- Denying visitation can backfire legally
Courts expect both parents to support the child’s relationship with the other parent.
Domestic Violence and Safety Concerns
Arizona courts take domestic violence very seriously.
If domestic violence is proven:
- Joint legal decision-making may be denied
- Supervised parenting time may be ordered
- Custody may be limited or restricted
Safety always overrides shared parenting goals.
Moving (Relocation) Issues for Unmarried Parents
If a parent wants to move:
- Out of state, or
- More than 100 miles within Arizona
Court approval or notice to the other parent may be required once a custody order exists.
Common Mistakes Unmarried Parents Make
- Not establishing paternity early
- Relying on informal agreements
- Withholding the child out of anger
- Ignoring court paperwork
- Speaking negatively about the other parent
Courts value cooperation and maturity.
Frequently Asked Questions (FAQ)
Does the mother always get custody if parents aren’t married?
Initially yes—but only until paternity is established. After that, both parents are treated equally.
Can unmarried parents share joint custody in Arizona?
Yes. Joint legal decision-making is common when both parents are fit.
Is a parenting plan mandatory?
Yes. Arizona requires a parenting plan in custody cases.
Do unmarried fathers have the same rights as married fathers?
Yes—after paternity is legally established.
Final Thoughts
Arizona child custody laws for unmarried parents focus on fairness, involvement, and the child’s best interests—not marital status. The most important step for unmarried parents, especially fathers, is establishing paternity early.
For parents, knowing your rights helps you protect your relationship with your child.
For law practices, this area is crucial for guiding clients through emotionally sensitive custody disputes.
If you are facing a custody issue as an unmarried parent, consulting an experienced Arizona family law attorney can help ensure your rights—and your child’s well-being—are fully protected.
