questions & answers

Question: When my girl friend was pregnet I went to prison for seven years during which time another mans name was put on the birth certificate and they are no longer together me and her back together but he's trying to get custody of my kid what do I do?

Answer: Arizona law would recognize the man listed on the birth certificate as the father of the child unless paternity is otherwise established through the courts.

To establish paternity through the court, you must file a petition at the Superior Court in the county where the child lives.  After completing these forms, the court will make a decision regarding the paternity of the child.  During this proceeding it is possible that the court will require a DNA test.  

If the court decides that you have paternity, it is possible that the man may still be able to request custody or visitation with the child.  Arizona law allows for third parties (individuals or groups other than the parents) to petition for custody of a minor.  There are, however, many requirements for filing for this custody.  

For more information and the forms to file for paternity, visit: www.superiorcourt.maricopa.gov/superiorcourt/self-servicecenter/forms/familycourt/fc_group_6.asp

For information on how to change the birth certificate
after paternity has been established, visit: http://www.azdhs.gov/vital-records/corrections-amendments/birth/corrections.htm

For the full text of the law relating to third party custody, visit: http://www.azleg.state.az.us/ars/25/00409.htm