Huachuca City, AZ asked in Adoption, Child Custody, Divorce and Family Law for Arizona

Q: Can I sue my gfriends ex husband for taking full custody of my biological child. They were married during our conception

I impregnated my girlfriend who happens to be married still. Legally when the child is born he will have all rights to the child. He makes threats to not sign papers to manipulate things that he wants from her. They are going through a divorce as well. I want my child and I will fight for the rights to my biological child

1 Lawyer Answer
Stephen M Vincent
Stephen M Vincent
  • Divorce Lawyer
  • Scottsdale, AZ
  • Licensed in Arizona

A: You wrote, " Legally when the child is born he will have all rights to the child."

Legally, that is incorrect. By being married to the mother, he is PRESUMED to be the father.

If you can prove biology, you are also PRESUMED to be the father.

That puts the two of you in the same spot.

When the Court is faced with competing presumptions, the Court must determine paternity based on "policy and logic." Meaning, it could go either way.

But you may need to act quickly. I would recommend you consult with an attorney immediately, as you have a complex set of facts and you will likely need to file a Petition to Establish Paternity, and you may also need to be joined as a party to the divorce.

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