Q: Can you claim child support but choose for the father not to have any rights to the child?
Father wants nothing to do with child until paternity is established, I do not want him involved with the child as I have moved on and am with someone whom will assume that role. Can I still collect child support and choose that he not be in the child’s life?
The short answer is no.
If you establish paternity he will be required to pay child support but he can also assert a right to parent time. 50/50 custody is presumed to be in the best interest of the child but it appears you are in Minnesota and the father may be in Arizona?
Regardless, if the father wants nothing to do with the child and you want to keep it that way, I would not advise filing to establish his paternity seeking child support because he will almost certainly demand his time if you are go after him. Once that door is opened, he could even seek primary custody if you do anything he could use against you in court to show you are the less fit parent.
This is a "you can't have your cake and eat it too" situation. You can have a life free of the (presumed) biological father or you can have some of the biological father's money; you can't have both.
You can filed a Petition to Establish Paternity and Child Support and not establish custody.
You cannot stop him from filing to establish custody if he chooses. The state that will make the custody determination is the state where the child has resided for six consecutive months most recently.
If it is Arizona that has jurisdiction for custody (or as we call it here, legal decision-making and parenting time), you should be aware that arguing that you have moved on and you are with someone who can assume the parental role will not be well-received by the Court. I understand that may be the reality, but it's an argument that can easily backfire on you.
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