questions & answers

Question: I just recently found out the mother of my child let another man sign the birth certificate even though she knew he wasn’t the father. I’ve tried to be in my sons life since he was born but I can only see him on her terms. Now that I found out about this other guy, I can’t see him at all. I also just recently found out that my son lives with this other guy and not his mother. I want to file for custody but I don’t know where to start. I tried to do it before but she ducked and dodged the process server so my case was dropped. What are my options here?

Answer: If you believe the child is yours and you want to be in the child's life, you may want to consider establishing paternity by filing a paternity action in the Arizona Superior Court.  Arizona Revised Statutes, Section 25-803 states that the father can file a paternity action to establish his paternity rights.  There are legal limitations to that right.  If you do establish that you are the father, you will be obligated to pay child support for the child.  You do not say how old the child is.  If the child is is not a baby or toddler, you may want to consider how closely the child has bonded with the person he or she considers the father.  You really need to sit down with a lawyer and discuss the specifics of the situation and make a clear and reasoned decision on the best course of action.  There are three programs in Arizona that you can use to get inexpensive legal advice and guidance.  One is the modest means program.  You will need to apply for the program and meet the financial qualifications.  Once you are qualified, Modest Means will send you a list of attorneys whose practice covers your area of concern.  You select a lawyer from the list and will be entitled to a one hour consultation for $75.  If you need additional help and if the lawyer agrees to take your case, the most you will be charged is $75 per hours.  the telephone number is (866) 637-5341.  Both Maricopa County and Pima County have lawyer referral programs that offer a 30 minute consult with an attorney.  Maricopa County's Lawyer Referral Service offers a 30 minute consult with an experienced attorney for $40.  The telephone number is  (602) 257-4434.  Pima County's Lawyer Referral Service offers a 30 minute attorney consult for $35.  The telephone number is (520) 623-4625.