Taylor, AZ asked in Family Law and Child Custody for Arizona

Q: Will an Acknowledgment of paternity cancel out court ruled severed rights?

I did not put my child’s fathers name on the birth certificate. I took him to court to have his rights severed. He was never in the child’s life. The judge agreed and severed his rights. I am now in need to have his name either on the birth certificate or have him sign an Acknowledgment of paternity. If I have him sign the Acknowledgment of paternity or get his name of the birth certificate will that cancel out the fact that his rights have been severed? And could fathers race make a difference?

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1 Lawyer Answer
Mike Branum
Mike Branum
  • Saint George, UT
  • Licensed in Arizona

A: I cannot imagine a scenario where the father's race would make a scintilla of difference UNLESS the father is associated with a Native American or Alaska Native tribe. THAT would make a huge difference and could cancel the Court's termination of parental rights if it was not considered during that proceeding.

I also cannot imagine why you would need a father who has no parental rights to be added to a birth certificate or acknowledge paternity. I would suggest if you believe you need such acknowledgement by a father whose rights have been terminated, that you consult with a family law attorney to see if they agree with your assessment. Whoever told you that you needed his signature may be providing you with bad advice.

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