questions & answers

Question: I am an unwed mother, who filed for restraining order against the father, a few months after the birth of our son. I understand that I am legally the sole custodian until we establish paternity. The father is in the birth certificate. If let’s say, I lost all contact and have no idea where the father is since we had a restraining order, how will I reach him if I decide one day to go to court and file abandonment and hope to obtain a sole custody written court order?

Answer: When that time arrives, the Court will require a diligent effort on your part to locate and serve papers on the father.  If you make a diligent effort and are unable to locate him, you can serve him by publication.  Arizona Rules of Civil Procedure, Rules 4.1 and 4.2.  Also, if the father signed the affidavit at birth and is listed on the birth certificate, paternity is established.