Goodyear, AZ asked in Child Custody and Child Support for Arizona

Q: Due to a separation I want joint custody. We were never married. I am on the birth certificate last name. Do have rights

Due to separation between my girlfriend and I there is a 2yr son. She is asking for controlling custody and child support. I want shared custody. Do I have any right to file for that.

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2 Lawyer Answers

Randi Sirlin

Answered
  • Divorce Lawyer
  • Phoenix, AZ
  • Licensed in Arizona

A: Yes! You have rights. If she filed a Petition for Legal-Decision Making Authority, Parenting Time and Child Support, you should file a Reply for Paternity, Legal Decision Making Authority, Parenting Time and Child Support. As long as you are on the birth certificate, there is a presumption that you are the father.

If you need assistance, you should contact an experienced family law attorney.

John R Gaertner Jr

Answered
  • Divorce Lawyer
  • Phoenix, AZ
  • Licensed in Arizona

A: Of course you have rights, however, you are going to have to go to Court and fight for those rights. If Mother has not already filed you should do so immediately. Since Mother appears to be the controlling and limiting type, when you file you should also file a Motion for Temporary Orders so that the Court can address the matters more quickly.

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