Mothers’ Rights in the Arizona Family Court System

There is nothing like the bond between a mother and her child. For those first 40 weeks, you were all that they knew as you grew every single cell in their body. The first sound your child hears is your heartbeat, and you’re the first person to feel them kick or hiccup. You’ve rocked them through the night, held them while they cried, and celebrated every milestone. But a custody battle could mean that you have to fight to protect your bond and time with your children. If this is a situation you’re facing, it’s important that you know what your rights are as a mother and how to protect them and your children in the process.

The Right to Make Decisions About the Health and Well-Being of Their Children

As a mother, you have the right to make decisions about the care and well-being of your children. This can range from what doctor they see and medical care they receive to what school they go to or what neighborhood is the best to raise them in. If you were not married when the child was born and paternity has not been legally established, this decision-making power rests solely with you (so long as you actually are the primary caregiver) until decided otherwise in court. If the child was born during a marriage or parentage has been legally established for the father, the parents generally share this decision-making responsibility.

The exceptions to this include if the mother’s parental rights were terminated or if the courts have already awarded decision-making ability to the other parent, such as from a prior custody agreement. However, even in the latter case, mothers have the right to petition the courts to change this arrangement if it’s in the best interest of the children.

The Right to Custody and Exercise Parenting Time

Mothers have the right to spend time with their children. This means that they are presumed to be effective and fit parents with the right to court-ordered parenting time until proven otherwise. The Arizona family court system has a presumption that shared custody is best for the children, most professionals in the field agree that it is in the best interests of the child to have an active relationship with both parents — as long as the parent is a safe person for the child to be around.

The Right to Pursue Remedy Through the Court System

Mothers have the right to petition the courts to intervene with a court order if there is an issue regarding custody or child support that cannot be handled between the parents. This includes establishing an original custody and child support order, as well as requesting a modification or asking the courts to intervene if the other party isn’t abiding by the court order. For example, if the other parent isn’t exercising their court-ordered parenting time or is refusing to compromise on matters related to decision-making, the mother has the right to petition the courts for a change to sole custody if it would be in the best interests of the children or file a contempt of court motion.

The Right to Equal Treatment Under the Law as a Parent

Mothers have the right to equal treatment in the family courts under the law. This means that they can’t be discriminated against in court or through the legal process simply based on sex or gender. However, it’s important to note that this is also true for fathers. For example, the Arizona Revised Statute Section 403.02(B) states that gender — that of the parent or the child — cannot be a factor in whether a parenting plan is accepted.

It’s common for mothers to think that they don’t need legal representation or that their case will be easy because they believe that the courts favor the mother. However, this isn’t true anymore, and it’s important to ensure that all of the decisions you’re making during this process are based on the best interests of the children and the legal counsel of your attorney.

The Right to Legal Representation

Mothers have the right to have legal representation during a custody battle or any other family law case. And this is one of the most important rights for you to exercise. The truth is that custody battles can be complex, and both parties are often fighting equally hard for opposite things. It’s a physically and emotionally draining process, and you need a family law attorney you can rely on to ensure your rights are protected and that the courts are doing what’s best for the children. Family law attorneys understand how the Maricopa County courts operate and how to approach your case to get the best possible outcome.

It’s difficult enough to have to spend time away from your children, but when custody becomes a fight, you need experienced legal representation. At Arizona Family Law Attorneys, we help mothers protect their legal rights and seek justice through the court system if someone is keeping you from being able to exercise those rights. We work with mothers who are going through custody battles on a daily basis, and we’re prepared to fight for you and your children. Call our Phoenix office at 480-448-0608 to schedule an appointment to find out how we can help and what other resources may be available.