Q: is my name on the birth certificate enough to establish paternity?
my daughters mother is keeping my daughter from me and I am fully disabled with limited income. I cannot afford an attorney
A:
You wrote, "Is my name on the birth certificate enough to establish paternity?"
That's a simple question but it has somewhat complex answer.
Technically, no. Your name on the birth certificate does not establish paternity. Under A.R.S. 25-814(A), your name on the birth certificate gives you only a presumption of paternity.
However, to be on the birth certificate, you and the Mother most likely signed an Acknowledgment of Paternity in front of a notary that was then filed with the state. That would establish paternity. See A.R.S. 25-812(D). I can't guarantee that's what happened, but that is most commonly what happens.
But establishing paternity is not the same as establishing custody (or, as Arizona calls it, legal decision-making and parenting time). Until you've established those custodial rights, the mother has custody. To establish your rights, you will need to file a Petition to Establish Legal Decision-making, Parenting Time, and Child Support with the Court and serve the Mother and go through the Court process.
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