questions & answers

Question: I have been going through a custody battle with my childs father. we have not gone to trial yet. even though i sued him for custody heo tas not done a DNA test yet. cant I just claim I was mistaken marry and name my boyfriend as the father so I dont have to be tied to this abusive man that does not care about our baby son

Answer: It is never advisable to misrepresent a situation to the court. If there is uncertainty as to whom is the father, let the judge know all of the possible candidates. No matter what, if either parent contests paternity, a test will be ordered by the court (A.R.S. 25-803). If the biological father does not want to be part of the child's life or responsible for the child, he can waive his parental rights which would open the option for child to be adopted by someone else wishing to act as the child's father.