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  1. #1
    Join Date
    Jan 2013
    Location
    Phoenix, Arizona, United States
    Posts
    2

    Default Can You Get Custody Rights Without Establishing Paternity

    My question involves a child custody case from the State of: My sister is legal still married to a man in Arizona but lives in Washington with another man and has his child. His name is not on the birth certificate. There has been no test to prove he is the father and he wont let my sister leave the state with the child. Does the biological father or his mother have any rights to the child?

  2. #2
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    35,894

    Default Re: A Fathers Rights to a Child if His Name is Not on Birth Certificate

    Arizona man is the legal father.

    Biological father can file at ANY time to have legal father's paternity disestablished and establish his own paternity.

    Why is Mom wanting to run off?

  3. #3
    Join Date
    Jan 2013
    Location
    Phoenix, Arizona, United States
    Posts
    2

    Default Re: A Fathers Rights to a Child if His Name is Not on Birth Certificate

    My sister is being mentally abused, at the same time the biological father and his mother do drugs around the child.

  4. #4

    Default Re: A Fathers Rights to a Child if His Name is Not on Birth Certificate

    Because she was still married when she had the child, her husband is the legal father, even if he'd been living on Mars for the last 3 years. Any further children she has prior to getting a divorce will ALSO automatically be this man's legal children...UNLESS the biological father establishes paternity. They both need to be aware that when paternity is established, he can expect the court to issue a child support order, whether they're living together or not. Time for mom to do what she needs to do, get a formal divorce, get bio dad to establish himself as the father, etc.

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