questions & answers

Question: My ex fience left me for another girl when I was 8 month's pregnant, he showed up the day I was induced and left 2 hour's after our son was born never signing the birth certificate or meeting me after to sign papers he always had an excuse, he finally told me because I was having so much trouble getting Dr appointments and other help because our baby had no last name he told me to give him my last name, so I did he does not have his father's last name. Our son is almost 11 month's old now he wants to see him and get paternity test can I refuse visitation since he didn't want to see him before?

Answer: A legal father has the right to visitation (parenting time) with his child unless the court determines that he is a risk to the child in some way.  If you and the father were never married and if he never signed the affidavit to put his name on the birth certificate, and if he has not filed a paternity case, he would not be considered the father of the child under the law and would have no parenting rights.  This said, you state he now wants to take a paternity test and establish paternity.  He does have the right to file a paternity claim in court.  Arizona Revised Statutes, Section 25-803.  You would then be obligated to respond to the claim either agreeing or denying that he is the father.  A paternity test might be ordered by the court.  If he does move forward and establish paternity, you have the right to ask the court for child support.