Question: My Son fathered 2 children with a lady who was married to someone else at the time of birth.She listed her husband as the father on the birth certificate. She was killed in an accident recently and was still legally married at the time , but had been seperated from her husband and lived with my son for 5 years.Her husband and her had filled out & had notarized a from called voluntary paternity , but never listed my son as the father , he did aknowledge he was not the father.My son had dna test done and they do show he is the biological father.How does he get the name changed on the birth certficate.He has the children , that is not an issue , just want to make sure all is legal in the eyes of the courts/state.How do we proceed ?
Answer:
Your son may want to consider seeking the formal advice of a family law attorney who specializes in paternity and/or adoption matters
To give you some background information on paternity and adoption: The statutes discussing paternity and paternity actions begin at A.R.S. § 25-801. The statutes discussing formal adoption begin at A.R.S. § 8-101. These can be complicated procedures, so you may want to consult an attorney.
June 19, 2007
Legal Services Corporation