Legal Question in Family Law in Arizona

Whether the father's name is on the child's birth certificate or not, the father has parental rights and the mother should not keep the child from the father. Why would you want to?

A father's name on a birth certificate means very little and the father's name on the birth certificate may not even be the real biological father of the child.

- The only way that a true biological father is established, is when Paternity suit is filed and Paternity is established by the court and court ordered.

- You, or the father of the child, will need to retain and hire a qualified Paternity attorney or an experienced father's rights' attorney, who will draft and file a suit for Paternity against the biological mother and to go to court to establish the Paternity of the child (and orders as to parenting time and legal decision-making).

- ** This suit will not be inexpensive and it will take time and effort on the part of the father to litigate the matter, even if a settlement is made later.

- Without the Paternity order being entered by the court (and parenting time, etc. included), the birth mother can withhold the child. I'm not saying that this behavior is the right thing to do, but she can, as there are no orders to enforce her doing otherwise.

- This advise also applies to CPS or DCS cases where when the child is removed from the biological mother (who is not living with the biological father) and where the biological father has no Paternity order establishing that he is the true father; DCS or CPS may temporarily give the child to the biological father, but they will require the father to file a suit for Paternity against the biological mother and have a court order issued establishing paternity, in order for the child to remain with the biological father.

- ** You, or the birth father, should retain experienced counsel at this time and seek proper court orders.

- Goldstein & Scopellite, PC has qualified father's rights' attorneys, family law lawyers and child custody attorneys available to represent you at either one of their law offices located in Dallas, Texas and Tucson, Arizona - Please visit their websites at www.LawyersDallas.com and www.Lawyers-Tucson.com for more information or to contact them. Thank you.