questions & answers

Question: My boyfriend of 2 years and I had our daughter in December 2015. He is the biological father and signed the birth certificate in the hospital and acknowledgment of paternity. My baby also has his last name and not mine on the birth certificate. Unfortunately we no longer want to be together. My question is can I get full custody of my daughter even though she has his last name on the birth certificate? Do I have any rights as her mother if he tries to fight for her too?

Answer:

Parents have fundamental rights over their children that are guaranteed under A.R.S. §1-601 that do not require a court order. When parents are married both parents are automatically presumed to have these fundamental rights. A father of a child born out of wedlock would need to legally establish his rights to the child as the father of your child did with an acknowledgment of paternity form. If the father and mother of the child are not in agreement on matters such as where the child should live or other issues they may need to establish parenting time, visitation and child support through the court system. It is still possible for you to receive full custody but often the courts will decide to split custody between both parents.