Phoenix, AZ asked in Family Law for Arizona

Q: Does father have rights in AZ if he did not sign birth certificate and there is no agreement for the child?

Child has been under moms care since he was born, child is under moms insurance, all of childs things (food, shelter, formula, clothes, diapers etc) have all been paid by mother. Hospital fees also currently still being paid by mother. No agreement on child placement, no agreement on custody, no agreement on out of state travels. No paternity establishment. Can mother travel out of state with child without fathers consent? Can mother move out of state with child without consent?

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

A: If he is not on the birth certificate, and if Mother and Father have not signed an Acknowledgment of Paternity, and if Father has not filed to establish paternity with the Courts, then Father is not a legal parent, and the child is under Mother's custody, and that does include the right to travel out of state.

Once he files to establish his paternity and custodial rights, and once paternity is established, his rights are equal to Mother's. And if the parties can't agree on a schedule or legal decision-making, the Court will have to decide.

But until he takes that first move, Mom is in charge.

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