questions & answers

Question: I was never married to the girl who is having our child and the mother has cut off all lines of communication with me so I was wondering if her decision to not allow me to be there for her, financially or morally, will affect my future rights as a patent?

Answer: If the mother of the child is unwilling to allow you to parent your child, she may decide not to put your name on the birth certificate when the baby is born.  In that circumstance, it will be up to you to establish your rights as a father.  The father of a child has the right under Arizona law to file a paternity action in family court.  He can file the court action either before the baby is born or after the child has arrived.  Paternity actions are governed by domestic relations law.  Arizona Revised Statutes, sections 25-803 and 25-804.  Once the action is filed, a paternity test will be required to establish that you are the father.  After paternity is established, further court action may be required to work out custody, visitation and child support issues.  Visit the website for the Maricopa County Superior Court and check out the forms in the self help center.  You may need to hire a lawyer to help guide you through the process and advise you on your best course of action.