Other Family Issues

questions & answers

Question: I have an almost 6-year-old son; never married; son's father is on his birth certificate and I receive child support, but no written custody order or anything else. (Does that mean paternity has been established, but I by default have legal custody?) Son's father moved out of state a few years ago; we maintain regular contact and do visits when we're able. I would like to move out of state and potentially out of the country for my career.

Answer:

Under Arizona law, A.R.S. § 25-814, (http://www.azleg.state.az.us/search/oop/qfullhit.asp?CiWebHitsFile=/ars/25/00814.htm&CiRestriction=paternity) there is a presumption or belief that paternity has been established and a man is presumed to be the father of the child if a birth certificate is signed by the mother and father of a child born out of wedlock.
To find additional general information about custody or parenting time with this matter consult AZ Law Help’s Visitation Article (http://azlawhelp.org/articles_info.cfm?mc=2&sc=17&articleid=129).
It is not a complete nor authoritative review of these subjects and reflects the laws of the state of Arizona only as of the date of its publication. Questions about specific situations should be discussed with an attorney; to find legal assistance or representation with regard to this matter consult (http://azlawhelp.org/articles_info.cfm?mc=2&sc=17&articleid=129).
 


QUESTIONS

  • I have an almost 6-year-old son; never married; son's father is on his birth certificate and I receive child support, but no written custody order or anything else. (Does that mean paternity has been established, but I by default have legal custody?) Son's father moved out of state a few years ago; we maintain regular contact and do visits when we're able. I would like to move out of state and potentially out of the country for my career.

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