questions & answers

Question: So, for the first year of my son's life, I lived with my mother while raising my son.Now he's 2 and he has only lived with me... and the father is not on the birth certificate.The fathers parents see my son when I can bring him... I only have Sunday and Monday off and my son has had a consistent routine with days at daycare, coming home to eat etc... Apparently I voiced my concern that I would like to go to church with my son for his firsttime with them and the grandparent stated he would go file for rights to have whatever time he wanted with my son including over weekends...Is that true?

Answer: It is difficult to answer your question without more detailed facts. Did father file a paternity action?  Does he pay child support through the court? It is true that grandparents have the right to ask the court for visitation pursuant to Arizona Revised Statutes, Section 25-409.  However, you are already allowing visitation. The court looks at the best interests of the child and seldom allows grandparents to dictate the terms as your son's grandfather threatens.  Because father never signed an affidavit of paternity to have his name on the birth certificate, there is no legal determination that he is the father.  (Unless, of course, he filed a paternity action and was declared the father.)  With no affidavit of paternity for the birth certificate and no paternity action, grandfather's legal claim may be shaky.  If you are concerned, talk to a lawyer.  There are 3 programs in Arizona that you can use to get some inexpensive legal advice and guidance.  One is the Modest Means Program.  If you are financially qualified for the program, for a $75 fee, Modest Means offers a one hour consult with an attorney.  If you need additional help and the attorney agrees to take your case, the fee charged will not exceed $75 per hour.  The telephone number is (866)637-5341.  Both the Maricopa and Pima County Bar Associations have lawyer referral programs that offer a 30 minute consult with an experienced attorney.  Maricopa County's Lawyer Referral Service offers a 30 minute consult for a fee of $40.  The telephone number is (602) 257-4434.  Pima County's Lawyer Referral Service offers a 30 minute consultation for a fee of $35.  The telephone number is (520) 623-4625.