Child Custody

questions & answers

Question: If my partner and I were never legally married and he was not in my daughters life for 3 years sense her birth and never signed the birth certificate can he try to get custody or joint custody? He has also never paid child support.

Answer: If you were never married and he never signed the affidavit of paternity to have his name on the birth certificate and has never paid child support, he cannot get custody without first establishing paternity and paying child support.  He can file a paternity action in the Arizona courts under A.R.S. Section 25-803.  He would then be required to serve you with the papers and give you an opportunity to respond.  If paternity is legally established, the court will order child support.  That would most likely include past support for the 3 years he has not paid.  He can also get his name on the birth certificate by filing a court action to change the child's name, but, again, he would need to first be established as the legal father.  If he files a paternity case, the court will consider the fact that he has paid no support for 3 years and had no contact with the child in establishing custody.