Child Custody

questions & answers

Question: The mother of my child married a guy while she was carrying my child... My child has his last name how do I get legally right to my child or custody and change his last name to mine?

Answer:

Arizona presumes that the person married to the mother is the father of the child. This is a rebuttable presumption that can be corrected in two ways:
1. The biological father mails both his own voluntary acknowledgement of paternity document and a signed and notarized waiver of paternity affidavit from the presumed father to the Hospital Paternity Program (listed on the acknowledgment of paternity form), or
2.  Biological paternity is established through a court order and the appropriate paperwork has been given by the biological parent to the clerk of the court.
Once either of these steps are completed then the presumed father will be removed from the birth certificate and the biological father will be added.