questions & answers

Question: My son was born out of wedlock. At the time of birth paternity was established because we both signed the birth certificate. My son is now 8 and has had no contact with my ex boyfriend for at least 5 years who also currently incarcerated. Does he still have paternal rights? Would now be a good time to file for sole custody?

Answer: This excerpt is taken directly from the AZcourts.gov website.

"An incarcerated parent is still a parent to a child. In many cases, a child has legal right and an emotional need to remain in contact with the parent in prison. It’s important to understand that the needs of the child may be different from the custodial parent’s needs regarding contact with the incarcerated parent. Before a child
visits the parent in jail or prison, the custodial parent should talk to the child about what to expect. After the visit, the child should be encouraged to talk openly about
thoughts and feelings regarding the visit, and the custodial parent should respond sensitively."

This article is very informative regarding parenting time.
Here is the link to it...
http://www.azcourts.gov/portals/31/parentingtime/ppwguidelines.pdf

This is also taken from the article...

"When parents aren’t married to each other when their child is born, the biological father has no legal right to custody or parenting time until paternity is legally established and the court orders custody and parenting time. The court also will not order child support until
paternity is legally established."

My suggestion is seek out and consult a family law attorney. They can help you navigate the process of filing for sole custody and establishing parenting time.