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

Q: What can my son do if his sons ‘baby momma’ is calling herself a surrogate and offering to give him full custody for$

He wants full custody but doesn’t want a court battle. I believe it’s illegal for him to pay her but realizes it could be more expensive to fight for full custody in court. Does he have any options?

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

A: He has two options: Get her to agree to assign custody to him or take the matter to Court. Absent her agreement, he's going to have to go to Court. He should also put himself on the Putative Father Registry ASAP so that she can't adopt out the child without his consent.

He can also file a Petition to Establish with the Court even though the child is not yet born. This will help expedite establishing his parental rights.

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