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  1. #1
    Join Date
    Jan 2011
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    Question Rights of Biological Father of Child Born Inside a Marriage

    My question involves paternity law for the State of: Arizona and Puerto Rico

    Mother and child reside in Arizona, father in Puerto Rico.

    I would like to know what rights if any I have to establish paternity of my son? He was born in inside a marriage and given the husbands last name. My son is almost 6 years old. When he was born she hinted that he could have been my son, but never agreed to a paternity test. After 2 years of nagging she finally agreed to a paternity test without her husbands consent in '07. It came back positive as me being the biological father. Her husband recently found out the truth and they got divorced giving her full paternity rights to my son. Since '07 I've been supporting my son financially and I've only been able to see him 3 times. I have tried to talk to her about me establishing legal rights over him and she says no. I want his name changed, my name on his birth certificate and have legal rights to him, but she is denying me this even though I've been supporting him financially. I spoke to a lawyer a few years ago and he informed me that its best that I just forget the whole thing and move on with my life, cause if she does not want me to establish paternity I have no legal or financial obligation to him. But I can't just forget that I have a son! Can I start a legal proceeding to establish this? Or would I have to depend on her to start it? Since I've been denied my rights to him as his biological father, I would eventually like to gain full custody of him, would it be possible?

  2. #2
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    Default Re: Rights of Biological Father of Child Born Inside a Marriage

    The husband, then, is the child's legal father? They're still married? If they're divorced, the divorce judgment did not set aside the husband's paternity?

  3. #3
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    Jan 2011
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    Default Re: Rights of Biological Father of Child Born Inside a Marriage

    They are finalizing their divorce. Last she told me was he was giving her full custody of the child, but what does that mean? cause he isn't relinquishing his paternity rights and his name is still on the birth certificate.

  4. #4
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    Default Re: Rights of Biological Father of Child Born Inside a Marriage

    You can ask the mother what she means by "giving her full custody of the child", and then you can tell us.

    If he's not relinquishing his rights to paternity, he will remain the legal father, will have the right to visitation and will have to pay child support as ordered by the court.

    It may be possible for you to litigate the issue of paternity under Arizona law, but you should expect that you will need legal representation and, even if the court ultimately accepts that you're the biological father, should be prepared for the possibility that with the delays involved in your asserting any claim to paternity and the legal father's established relationship with the child, no relief should be given. This is something you should discuss in specific relation to the full facts of your situation with an Arizona family lawyer.

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