questions & answers

Question: Do I need a sole custody order for my son if he lives with me, I take care of him, his "sperm donor" has never really been there, has verbally acknowledged that he's his but wants a Dna test for peace of mind (I don't want a dna test cuz it's against my religious beliefs), he has no father listed on the birth certificate, do I still need an order? Can he take my son away from me even tho he can't take care of him?

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. This can be done through 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.