questions & answers

Question: I'm involved in family court case the mother isn't being cooperative and I may have to file for a default in this case. Is it possible for me to request a copy of the child's birth records to verify the validity of the case prior to filing for a default if she is being resistive to filing a response?

Answer: Your question is very vague on facts.  I assume you are the father of the child.  You do not say what sort of family court case.  Are you filing for divorce or are you an unmarried father filing for custody and visitation?  (now called legal decision-making and parenting time.)  If you are listed on the birth certificate as the father, you can get a copy of your child's birth certificate from the Arizona Department of Health's Vital Statistics Department.  Go to:  https://azdhs.gov/licensing/vital-records/index.php#birth-certificates-home .  If she has failed to file a response to your petition and her time has elapsed, you can move for a default judgment.  If you are confused, you should sit down with an attorney to discuss your options.  There are three programs in Arizona that you can use to get inexpensive legal advice and guidance.  One is the modest means program.  You wil 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  hour.  The telephone number is (866) 637-5341.  Both Maricopa and Pima Counties have lawyer referral programs that offer a 30 minute consult with an attorney.  Maricopa County's Lawyer Referral Service offers its 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.