questions & answers

Question: Im trying to establish paternity through the courts for my two year old son. A paternity test was completed by DDC and now I need to file however it states we need an affidavit from the mothers legal husband as she was and still is legally married, problem is he cannot be found last we knew hes a heroin addict living on the streets or possibly in prison. What can I do to file without an affidavit from him under these circumstances.

Answer: The mother can apply for sole custody. When this application is being considered, the court will almost solely determine the parenting time based upon the best interests of the child. Wrapped within this is the child's past and present relationship with the parent, the community in which the child would be living, the mental and physical health of both parents, etc. (A.R.S. 25-403) Once sole custody has been established, the other parent will need not be contacted in regard to legal issues. http://www.azleg.gov/FormatDocument.asp?inDoc=/ars/25/00403.htm&Title=25&DocType=ARS