Forms and Letters: Family Law

questions & answers

Question: can someone file a request for order for child custody when he hasn't been determined the biological dad, and hes not on the birth certificate

Answer: If an individual is not presumed to be the parent then as a third-party, a person other than a legal parent, may petition the superior court for legal decision-making authority or placement of the child. It is a rebuttable presumption that awarding legal decision-making to a legal parent serves the child's best interests because of the physical, psychological and emotional needs of the child to be reared by a legal parent. A third party may rebut this presumption only with proof showing by clear and convincing evidence that awarding legal decision-making to a legal parent is not consistent with the child's best interests. (A.R.S.25-409.) (http://www.azleg.state.az.us/FormatDocument.asp?inDoc=/ars/25/00409.htm&Title=25&DocType=ARS) To find out how the law applies to a specific situation, contact an attorney directly. (http://azlawhelp.org/articles_info.cfm?mc=1&sc=1&articleid=129)