Paternity

questions & answers

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.

Answer: The mother can apply for sole custody. When this application is being considered, the court will almost solely determine the parenting time based upon the best interests of the child. Wrapped within this is the child's past and present relationship with the parent, the community in which the child would be living, the mental and physical health of both parents, etc. (A.R.S. 25-403) Once sole custody has been established, the other parent will need not be contacted in regard to legal issues. http://www.azleg.gov/FormatDocument.asp?inDoc=/ars/25/00403.htm&Title=25&DocType=ARS

QUESTIONS

  • 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.

STORIES

  • He told me that I could actually get all the money I needed by using my home as collateral. . .
  • If you get a divorce, make sure your date of birth is on the Decree if your name is changing!. . .
  • He told me that I could actually get all the money I needed by using my home as collateral. . .

LegalLEARN

  • Free & Reduced Fees Legal Aid Resources
    Click Here to apply online

YOUR FEEDBACK IS NEEDED

  • Welcome to our Newly Redesigned Website! Let us know how we are doing! Please take a couple of minutes to fill out our survey.

FIND LEGAL HELP

  • Please select your county of residence below.

    County:
     

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
    Link

ORGANIZATIONS