Paternity

questions & answers

Question: what are the fathers rights if not married?

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Question: If a child is born out of wedlock and the parents later marry,then separate does the father have equal paternal rights to that child?

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Question: My girlfriend and I have two children together. I would like to gain custody of them since she has been experiencing mental health issues and cannot take care of the children.  I cannot afford a lawyer and have been told I cannot leave the state without her permission and was also told since the children's birth certificates establish I am the father and that they have my last name I can relocate with them. I can't get a straight answer !

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Question: My husband has a child from a previous relationship. We aren't positive that the child is actually his. He is a resident of Arizona, the mother lives in Washington state along with the child. My question is this, which state , Arizona or Washington, would have jurisdiction to decide Child Support payments and establishing paternity?

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Question: My Son fathered 2 children with a lady who was married to someone else at the time of birth.She listed her husband as the father on the birth certificate. She was killed in an accident recently and was still legally married at the time , but had been seperated from her husband and lived with my son for 5 years.Her husband and her had filled out & had notarized a from called voluntary paternity , but never listed my son as the father , he did aknowledge he was not the father.My son had dna test done and they do show he is the biological father.How does he get the name changed on the birth certficate.He has the children , that is not an issue , just want to make sure all is legal in the eyes of the courts/state.How do we proceed ?

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Question: I am getting ready to file paper work to gain equal custody of my daughter.. But I am not married. I was curious as too my rights until the paperwork is finished and what I need to do to get the ball rolling

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Question: My son is trying to get custody of the girl he thought was his daughter. During one her visits he had a dna test done and found out she was not his. He signed the birth certificate before he was 18. Can he get in trouble for not asking to test her. How does he get his name off her birth certificate.

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Question: I had my daughter 2 months ago and allowed my, then boyfriend, to sign stating that he was the baby's father. His name is on the birth certificate but we have since found out that he is not the baby's father. What do I have to do to get his name off the birth certificate now. We are no longer together and the biologicial father wants to be on the birth certificate. What do I have to do?

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Question: 2 minors have baby. Father is being denied visit. Paternal Grand mo wants to establish paternity. Are docs filed in Superior court by Pat. GM? or in Juvenile?

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Question: I signed away my rights to my oldest daughter when she was 3, I don't know if I'm on the birth certificate. I didn't sign it, i was in basic training when she was born. I signed away my rights so her stepdad could adopt her. I came back in the picture when she was 12. I've had regular visitation with her for the last 3 years, but want my legal rights back. The mother and adoptive father will not fight me on it, they are supportive. What do I have to do to get started.? I can not afford an attorney.

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Question: I am not married to my child's father. He signed an aknowledgment of paternity when we were in the hospital so he could be put on the birth cert. Is that enough or do I need to get a real test done to start the child support process. And if so how do I get the fees waived?

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Question: My girlfriend got pregnant and I assumed I was the father. When she was born I signed the aknowledgment of paternity at the hospital. After four months my daughter was very dark and she looked mexican which I am not. I did a dna test and it turns out I am not the biological father. I am on the birth certificate. I need to file a challenge to the paternity and need to know what forms I need to file with the court

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Question: MY HUSBAND HAD A PREVIOUS RELATIONSHIP WHERE A CHILD WAS BORN BUT THE GIRL SAID IT WASNT HIS IT WAS ANOTHER MANS AND HE HAS BEEN PAYING CHILD SUPPORT FOR THE CHILD BUT WE RECENTLY HAD A PATERNITY TEST DONE AND THE CHILD IS MY HUSBANDS CAN THE GUY THAT BEEN PAYING SUPPORT FOR THIS CHILD SUE US FOR THE CS HE HAS BEEN PAYING OR WOULD THIS BE AGIANST THE MOTHER SINCE SHE NAMED THE FATHER? WE HAVE SEEN THIS CHILD ON A REGULAR BASIS. WHAT CAN WE DO ABOUT THIS???

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Question: I made a mistake on the father of my son. This mans name in on the BC. He has nothing to do with my son. I had the real father take a DNA test and and even with the results, he wants nothing to do with my son. Can I just have his last name changed to mine? I do not want him to go threw life with the wrong last name or with a mans name that does not want anything to do with him. I hate for him to pay for my mistakes

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Question: How is paternity established?

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Question: i have a 2 yr. old daughter with my ex-boyfriend,we were never married but have legal joint custody together in az. i want to get a paternity test done but he refuses and i live in another state while they live in az. so my question is how can i get a paternity test done and what state does it need to be done in?

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Question: My girlfriend was married, but had not seen her husband for over two years when we had a child. I am on the birth certificate and acknowledgement of paternity. Would her now ex husband still be presummed the father?

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Question: My son was born while I was married to the man on the birth certificate. He is not the biological father & was aware when we divorced but chose to be his father child support & visitation etc. He owes past due support & so now wants to rebut paternity. Can he do this in AZ if he has already accepted the role knowing he is not the paternal father?

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Question: I am a resident of Maricopa County in the state of Arizona. I am the legal father of a child by default and not the biological father. There was never a blood test performed by the court to establish paternity. This is an out-of-wedlock child who is now 12 years old and I was never married to the child's mother. I have been paying child support for this child for 12 years. I want to file a motion to disprove paternity and request that the judge order a DNA test since the mother will not cooperate with genetic testing. Since the paternity judgment, I have received information that at the time of conception the mother had engaged in a sexual relationship with another man who was actually her fiance. Do I have the right to reopen and challenge the paternity declaration against me if a post declaration genetic test shows that I am not the biological father?

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Question: I found out when I was in my twenties that the father on my birth certificate is not my biological father. How can I get that corrected?, The man on my birth cert is deceased.

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Question: i'm unsure if i am able to apply for child support if my child's father moved out of the country...

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Question: Paternity and support. I have been summons that says that I have been named the father of a child. It says that I am hevy summoned and required to appear and defend in the abouve entitled action, in superior court within twenty days to respond. I went to the required class that they talk about but, I have no idea what to do from here?

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Question: I am married but have been separated (no legal separation filed) from my husband for 4 years. I have now had a baby with my boyfriend and the hospital won't name the father on the birth cert. They insist AZ law says it has to be her legal husband by default. Is this true? What do we do?

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Question: my son's girlfriend had a baby, my son signed the birth certificate. now this other guy wants a paternity test to see if it's his. can he do this? does he have any rights even though my son signed the birth certificate?

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Question: i have a son in az, and the mother is trying to take my son out my life i'm not on the birth paper but i have been paying her. and now she is trying to change sons name to a man she just marryed.how do i get fathers rights?how do i get legal assistance when i'm in texas and she i arizona?

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Question: Ny childs father's name is not on the birth certificate, can he still file for custody

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Question: my x-girlfriend and i have a set of twins but before they were born we got caught in a bad situation and got in trouble with the law. im now in prison and my sons were born, ive never seen them and she says i never will. she is also on her way to prison and i want a paternity test and i want to no my rights. the problem is she doesnt recieve any public assistance and she never will. what can i do??

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Question: I am seeking to obtain temporary emergency orders. I understand I need to file a summons, complaint (petition) and request for temp.orders....however I'm not sure once those are filed what I need to do. Are there additional forms required?

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Question: My ex & I were together for 5 years, he signed acknowledgment of paternity when our daughter was born. We split up when she was 2 (she is 4 now), he has been paying child support for 5 months and was ordered to pay $17k arrears. He consented to step parent adoption before child support was ordered. The adoption will be final 6/1/11. Recently he started threatening to take me to court for paternity, can he?

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Question: My daughter has a son with her ex-boyfriend. From the beginning the babys father wanted nothing to do with the baby. He wanted my daughter to abort. Now that the baby is 9 months old he always threatens my daugher that he will take her to court for custody. He does not give her money or buys anything for the baby. He always says that since wanted to have the baby she should deal with it herself. He has three other kids with his former wife. My daughter did put him on the baby's birth certificate. He feels forced into taking care of him. What can she do ?

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Question: My 17 year old son's girlfriend is pregnant with is child. She just moved to Ohio to stay with her parents. The baby is due in November 2011. Can we file a paternity request before the baby is born? Also if she wants to give the baby up for adoption doesn't my son have to agree and sign?

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Question: i am currently pregnant by a man who is married, who denies that the child is his. he now lives in the state of california. He will not be present at the hospital to sign acknowledgement of paternity. what is the proper steps I need to take to prove he is the father? Is there anything I can do about him being legally marrried and getting another woman pregnant?

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Question: My wife is in jail and I was filling for full guardianship of our son and I just found out he is not my son. I sent her a copy of the test and now her mother took our son out of state is there anything I can do I love my son and dont want to lose him?

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Question: How can I request a paternity test for a child I have been ordered to pay support on? Unfortunately I did not seek legal counsel when I received the initial papers and wrote my response stating I did not believe I was the father. I did not pay the filing fee of $231 so they denied my statement. Where do I go from here? I live out of state.

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Question: I am 32 yra old and am trying to find out who my father is for medical purposes. I know and suspect of a person but how do i get him to come here to take a dna test?

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Question: What form do I use to get a court ordered paternity test? My ex is saying he is the father of my daughter and he is not. I have to disprove paternity before they will stop visitation, he will hurt her.

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Question: My sister recently had a child & her boyfriend signed the birth certificate & the baby has his last name. Recently, they found out he isn't the father. How does he go about removing his name & changing her last name?

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Question: I am pregnant with an ex-lover's child and he wishes no part in the childs life. I know he will not sign the birth certificate when the baby is born. Is there a way I can get a court order for him to put the child on his health insurance? I dont want child support money or anything like that but wish the child to have both mine and his health insurance coverage. Is this possible?

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Question: When my son was born my boyfriend signed the paternity affidavit saying that he was the father but I had full custody over my son. Now we are separated and he wants partial custody over him. What steps do we have to go through in order to make that happen?

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Question: I just had a baby and an ex-boyfriend who is not the father of my baby is taking me for paternity test. Do I have to pay court fees every time someone wants to claim to be the father of my child. I was not even with him at the time and the father of my baby is on birth certificate and the baby has the fathers last name. Question is why do I have to pay court fees to respond, it's like anyone can petion to be the father and I have to pay court fees when I alresdy know who father is

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Question: My ex-boyfriend signed the acknowledgement of paternity for my son even though he was not the biological father. Is there a way to disprove the paternity and have his rights to my son terminated?

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Question: My sons father has been ordered to take a DNA test he sent us a cotton swab test and him as well. He talked submitted it now he is fighting another test from the court it has been two years. I need to be able to open another judgement against him and I don't know how? I am terrified he will get away with a self dna kit...

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Question: Im trying to establish paternity through the courts for my two year old son. A paternity test was completed by DDC and now I need to file however it states we need an affidavit from the mothers legal husband as she was and still is legally married, problem is he cannot be found last we knew hes a heroin addict living on the streets or possibly in prison. What can I do to file without an affidavit from him under these circumstances.

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Question: I was married but separated at the time my ex got pregnant by another man. In the state of AZ the husband is presumed the father of any child conceived during wedlock. I am not the father but I also did not respond when child support was established because she told me that she was going to tell the court that I was not the father. My ex and I both know who the father is but she will not cooperate with getting a DNA test done what can I do?

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Question: I was told I was the father and signed the birth certificate & paternity papers. I found out I may not be the father. She just filed Paternity & Support papers- I have to respond to in 20 days. I want a DNA to prove if I am the father or not. Will the judge order one if I signed the birth certificate?

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Question: hello there i am in need of big help anything would be great help i have a no contact order with my boyfriend and we had one week moment and i am now pregnant i am scared that the judge will ask me to take a dna test to see if he is the dad can i refuse to take it thank u so much for taking the time to help me out

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Question: My girlfriend and I are having a baby in September. will as the father have equal rights with out having to pay child support even if we are not and are not going to get married? will I be able to have equal rights with out being married to her?

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Question: I received a request for paternity for my son we took the test i havnt received the results but the state has and now wheni took up my case it says they scheduled an establishment hearing what does that mean?

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Question: I received a request for paternity for my son we took the test i havnt received the results but the state has and now wheni took up my case it says they scheduled an establishment hearing what does that mean?

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Question: what form is needed to challenge the acknowledgment of paternity 6 years after its signed. a dna test has already been done but not a court ordered one. the man listed on my daughters birth certificate is not her biological father so we need to challenge the acknowledgment of paternity. I just need to know what form is needed to do so.

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Question: I need to know weather I need to use a civil motion or a blank family court motion when trying to challenge the voluntary Acknowledgment of Paternity. Even a link to the correct form would help. The 60 day period has passed.

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Question: My 5 month old father just came into her life now and is threading me with taking custody, his not on the birth certificate, and asked me to abort. Does he have any rights?

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Question: My husband who is 34 gave a sperm sample, via a specimen cup, over 10 years ago to a lesbian couple he was friends with. They all signed a mutual agreement that he had no legal rights or responsibilities to any child created from this donation. The lesbian couple moved away and my husband has not heard from them in 10 years. No the mother who carried the child is coming after my husband and I for Paternity and Childsupport. My husbands first wife did not keep their copy of the signed agreement and the other female in the partnership passed away a month ago. What on earth do we do now?

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Question: I had a child with a woman who is married. What are the steps that I have to take to establish paternity. That way I am able to have my rights to my child?

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Question: I have been going through a custody battle with my childs father. we have not gone to trial yet. even though i sued him for custody heo tas not done a DNA test yet. cant I just claim I was mistaken marry and name my boyfriend as the father so I dont have to be tied to this abusive man that does not care about our baby son

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Question: if your 14 and got pregnate by a 2 year old guys but you wanted to what happens?

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Question: if your 14 and got pregnate by a 2 year old guys but you wanted to what happens?

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Question: My son was born out of wedlock. At the time of birth paternity was established because we both signed the birth certificate. My son is now 8 and has had no contact with my ex boyfriend for at least 5 years who also currently incarcerated. Does he still have paternal rights? Would now be a good time to file for sole custody?

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Question: I have a 10 year old daughter with my ex-wife. I just found out that she may not be mine. What are my legal rights to the child? I have been with this child from birth. And now I find out someone else may be the father.

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Question: My cousin. Is claiming. To be pregnant. With twins. From my boyfriend. We want a paternity test is there anyway. We can get it court ordered. If she dont want to take it

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Question: I'm engaged to a man who is lock up because of his baby momma but she don't let him have any rights and he says he remembers signing the birth certificate so that gives him rights but she told him he wasn't the father so he is wanting a DNA test done as soon as possible because he had child support payments pending

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Question: I just got out of prison and found out i might have a son can i still establish paternity even though he was born in a marriage? and do i have rights cause they are getting divorced

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Question: My girlfriend is having a baby and I want to sign the birth certificate as the babys father. Can I do this?

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Question: I'm a father of 3 little girls my oldest 9yrsold from previous marriage.my other 2 babies with the mother is a full fledged narcissistic women,my kids and I would see her rage daily over disagreements, couldn't question her. In public eye she is the best mom and person in the world to strangers&church but, in our house it was hell. I had no clue what a narsisist was until I was looking for answers. Once u call her out on truth of her wrong doing , from lying her where about to doing things to my girls. She got caught cheating,now kids taken away from me? I need to know if my youngest is mine?

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Question: I have guardianship of 15 year old male who wants to file for paternity but bio-mother is uncooperative. Bio-mother married at time of conception/birth; husband is not bio-father; bio-father has signed voluntary affidavit of paternity. WHAT FORM CAN THE MINOR CHILD FILE TO ESTABLISH PATERNITY? NEED FORM NAME AND NUMBER. I will get it from SSC - just need one simple question answered - WHAT FORM NAME AND NUMBER SHOULD BE FILED? Thank you.

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Question: When I was born my parents were not married so my birth certificate has the name of my mother's ex-husband as my biological father. I would like to legally put my father on my birth certificate as my biological father. My mothers is deceased as well as the man that is on my birth certificate. My father has agreed to a paternity test. What steps do I need to do to have this done?

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Question: My boyfriend was married to someone and had a baby with her. She has said before that he is not the father, but still came after him for child support. How do we go about getting a DNA test to see if he is actually the father?

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Question: My 25yr old daughter was with a guy she now has two kids with. He's had her arrested and put a order of protection on her for him and their daughter. She is going thru family court to get back her parenting rights. While this was going on she was pregnant with their 2nd child except he didn't know, now he knows and is requesting.a paternity test. Can he take this new baby away from her? How can she protect her new baby from him? I'm afraid he will take Jim from her and it will break her heart. She's a good mom & he's a good liar.

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Question: I just found out I have a 2 year old daughter with an friend of mine. She as with another guy at he time, so she just let him believe he was the father through the pregnancy. So he's on the birth certificate, she has his last name. When I found out about her, the mother was all about finding out I'm the biological father and helping me get my parental right to her. Now the mother has changed her mind and is trying to keep me out of my daughters life. From everything he mother has told me about these past 2 years, the father always denied her being his to anyone they would meet. What can I do?

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Question: I want to kno the biological father to my daughter but he refuses to take dna how can i get this resolved?

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Question: My ex girlfriend had but her new current boyfriend on her new childs birth certificate and i want to find out if the child is mine what steps do i need to take to get a DNA test on the baby ?

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Question: When my girl friend was pregnet I went to prison for seven years during which time another mans name was put on the birth certificate and they are no longer together me and her back together but he's trying to get custody of my kid what do I do?

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Question: I'm still legally married to my husband even though we haven't lived together or been in a relationship for over 3 years. Recently my boyfriend and I had a child and we want his information legally on our son's birth certificate. My husband is refusing to sign the waiver of paternity. What form(s) do I need to file with the court to establish paternity without his involvement?

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Question: My ex-girlfriend just had a baby and there is a possibility that I'm the father I would like to know what forms do I need to file thru the courts to get a paternity test?

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Question: I gave birth to my son in late April this year. His father was not there for his birth and has never met him. He had an outstanding warrant for his arrest and was just recently arrested. How do I get a DNA test to provide legal documentation that he is in fact the father of my child? Where do I start? Furthermore/Also, then what can I do next to try and obtain child support? Can anyone even receive child support from a person who is incarcerated? He is on social security by the way...so? Please Help!

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Question: I have a baby that's going to be born soon and the mother will not let me be part of the baby's life because I choose to be with someone else. She's giving the baby her new boy friend's last name even though she and I both know the baby is mine. What can I do to be in my child's life legally without her being able to tell me no?

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Question: My daughter conceived out of wedlock. Lived together the entire pregnancy, & was there for her birth. No doubt that I am biological father, however, my mother advised me not to sign the birth certificate & I didn't sadly. Baby was 14 months old when my EX developed drug & alcohol problem. As a result to this she was arrested & charged with domestic violence. A month after, she decided to move move with my baby from Phx to PineTop, AZ & has kept my her from me. Baby is 3yrs old now & her mom decided to move to CA. How can I get rights as a father? Can I get shared custody? Help Please!

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Question: I have a friend who wants DNA done on a child. He has already been ordered topay child ssupport. Plus he wants to sign his rights of all 3 kids over to the mother. She has a restraining order against him and has had him arrested before for domestic violence. He doesn't want to keep going to jail because she wants to take away everything he has. Can he sign his rights over?

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Question: I have a baby together w my girlfriend. I am the father, my name is on BC and my 7 mo old daughter has my last name. Girlfriend left with my daughter, staying at her grandmother's who has told me I'm not a good enough provider to father my little girl. What are my rights? I want to raise my daughter.

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Question: My son has an 18 year old daughter but is not listed on the birth certificate. He volunteered to pay child support and longer does as his daughter is over 18. His daughter now wants to have his name on the birth certificate to claim her Native American heritage. Both are in agreement. What is the court process as I was told there isn't a form and to contact legal services. Thank you.

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Question: My ex gave me a call 2 years ago telling me he is not my daughters father and wanted his name removed from her birth certificate. He has never been a part of her life and I have off idea where he is now how do I get about getting his arms removed from the birth certificate?

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Question: When I had my daughter I assumed the father that was named on her birth certificate was her biological father. That was not the case. How do i go about taking the father on the birth certificate off and add her biological father? He is threatening me to take me to court to take my daughter if i don't take action, is he able to do that?

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Question: I am engaged to be married to the love on my life. She previously had a baby with a man before we met who I absolutely adore and consider her to be my own. His name is not on the birth certificate and he has been absent for the greater majority of her life. There is a child support order but nothing else. Is there any way I could adopt her or get parental rights of her?

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Question: A woman is pregnant with twins that im pretty sure are mine but she is telling everybody that they are her current boyfriend/baby daddys twins. I want to be the babys father if they are mine. What can i do if she denies it?

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Question: My sons father got summonsed to court for a paternity test for another girls child he did not receive any papers in the mail. He got served with papers yesterday and it said he is going to automatically have to pay her child support because he did not show up for the test how do we go about redoing this he is not on birth certificate and does not think the child is his . he would of showedup but was not informed untill the day of the test in court.what do we do .

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Question: took dna test and he is not the father so how can I change his last name

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Question: I was never married to the girl who is having our child and the mother has cut off all lines of communication with me so I was wondering if her decision to not allow me to be there for her, financially or morally, will affect my future rights as a patent?

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Question: I had a baby in October 2016, the father and I both signed acknowledgment of paternitynand the birth certificate. We are not, nor have we ever, been married. I have my daughter full time, and we aren't doing anything about custody or in the court system. The only times he's seen his daughter is when I pick him up for visits that we've scheduled.. I recently received a job offer in another state, along with acceptance to a school for nursing. I have family there as well. My question is this- am I able to move with my child out of state? Would it be considered parental kidnapping?

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Question: I'm a Deaf single mother with a Deaf 12 year old daughter. We moved here in 2007 to escape from the biological father who physically abused us. We never married. I went to Illinois court in 2005 or 2006 to remove father from birth certificate and change to my last name. We live here in Arizona for 10 years. Just today he filed papers against me for paternity, custody, and child support. We never received child support from him in 10 years. He along with his father and brother are of Pakistani origin have history of violence. His ex gf went through same thing. What to do?

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Question: My girlfriend is pregnant with my child and due in August of this year. Unfortunately she moved out and is no longer speaking to me.I do not know her due date or if she even intends to put my name on the birth certificate at this point. I would like to file a action with the courts to establish paternity before the baby is born.I want to exercise any and all rights I have as father. How do I begin this process and can I get any assistance in doing so. I can not afford a attorney.

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QUESTIONS

  • My son was born out of wedlock. At the time of birth paternity was established because we both signed the birth certificate. My son is now 8 and has had no contact with my ex boyfriend for at least 5 years who also currently incarcerated. Does he still have paternal rights? Would now be a good time to file for sole custody?
  • My boyfriend was married to someone and had a baby with her. She has said before that he is not the father, but still came after him for child support. How do we go about getting a DNA test to see if he is actually the father?
  • A woman is pregnant with twins that im pretty sure are mine but she is telling everybody that they are her current boyfriend/baby daddys twins. I want to be the babys father if they are mine. What can i do if she denies it?
  • My ex girlfriend had but her new current boyfriend on her new childs birth certificate and i want to find out if the child is mine what steps do i need to take to get a DNA test on the baby ?
  • I had a baby in October 2016, the father and I both signed acknowledgment of paternitynand the birth certificate. We are not, nor have we ever, been married. I have my daughter full time, and we aren't doing anything about custody or in the court system. The only times he's seen his daughter is when I pick him up for visits that we've scheduled.. I recently received a job offer in another state, along with acceptance to a school for nursing. I have family there as well. My question is this- am I able to move with my child out of state? Would it be considered parental kidnapping?
  • When I had my daughter I assumed the father that was named on her birth certificate was her biological father. That was not the case. How do i go about taking the father on the birth certificate off and add her biological father? He is threatening me to take me to court to take my daughter if i don't take action, is he able to do that?
  • My husband who is 34 gave a sperm sample, via a specimen cup, over 10 years ago to a lesbian couple he was friends with. They all signed a mutual agreement that he had no legal rights or responsibilities to any child created from this donation. The lesbian couple moved away and my husband has not heard from them in 10 years. No the mother who carried the child is coming after my husband and I for Paternity and Childsupport. My husbands first wife did not keep their copy of the signed agreement and the other female in the partnership passed away a month ago. What on earth do we do now?
  • I want to kno the biological father to my daughter but he refuses to take dna how can i get this resolved?
  • I have a 10 year old daughter with my ex-wife. I just found out that she may not be mine. What are my legal rights to the child? I have been with this child from birth. And now I find out someone else may be the father.
  • my son's girlfriend had a baby, my son signed the birth certificate. now this other guy wants a paternity test to see if it's his. can he do this? does he have any rights even though my son signed the birth certificate?

STORIES

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FIND LEGAL HELP

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OTHER LEGAL RESOURCES

  • State Bar of Arizona
    www.azbar.org
  • Maricopa County Bar
    www.maricopabar.org
    Referral number 602-257-4434
  • Pima County Bar
    www.pimacountybar.org
    Referral number 520-623-4625
  • National Domestic Violence Hotline
    800-799-7233
  • Bankruptcy Court Self Help Center
    866-553-0893
  • Certified Legal Document Preparer Program
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