Phoenix, AZ asked in Family Law for Arizona

Q: I have a 5-month old baby. I am not with her father. He uses drugs. We were never married. Does he have right

He is on the birth certificate. Can I have him removed?

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2 Lawyer Answers
Mike Branum
Mike Branum
Answered
  • Saint George, UT
  • Licensed in Arizona

A: In order to have him removed from the birth certificate, you would have to terminate his parental rights. If he agrees, you could file a stipulated petition to have his rights terminated. The courts look upon termination of parental rights as a last resort. Without his agreement, it would likely be a struggle; not impossible, but a struggle. If he agrees to a termination now, it could save you problems down the road.

You should really speak with a competent family law attorney in your area to get legal advice specific to the details of your case.

Stephen M Vincent agrees with this answer

Stephen M Vincent
Stephen M Vincent
Answered
  • Phoenix, AZ
  • Licensed in Arizona

A: You will have to terminate his rights in order to remove him.

He has some rights currently, but they are weak. However, if he were ever to go to Court to establish his custodial rights, his rights become equal to yours. But, of course, the drug issues would be a big problem for him.

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