Legal Question in Family Law in Arizona
Is there a legal issues here if my daughter of 8 years old has my last name on her birth cert but I am not her biological father? Her mother cheated on me with a man from her homeland after we got married. We are divorced two years ago and I have sole custody.
I wanted to keep the baby because I believed the baby did not do any wrong. She tried abortion but I warned her that I will send her back to her homeland if she does so. I gave her my last name to ensure that the baby would not have any problem in the future.
1 Answer from Attorneys
A nice lawyerly response: you are PROBABLY ok.
Because the child was born during the marriage, it is presumed to be a child of that marriage. HOWEVER, the natural Father COULD ATTEMPT to seek a Court order rebutting that presumption and determining that HE is the Father. IF YOU WERE 100% positive that he would never show up, then you are fine without further steps.
However, because he has not been involved for so long, you could also file to Terminate his Parental Rights. That would resolve the issue forever.
We can certainly help you consider and then pursue your options.
One of our attorneys can explain the issues and procedures better in person. As you can imagine, there is too much to cover via email. We offer free 1/2 hour consultations, in which we can discuss your matter in detail.
Please call us directly to discuss the specifics of your matter, or contact my assistant Gina or my paralegal Jennifer to schedule your free 1/2 hour consultation.
/s/ Rich J. Peters
R.J. Peters & Assoc., P.C.
1422 North 2nd Street, Suite 100
Phoenix, Arizona 85004
602-254-7251
facsimile 602-254-1229
see our website at www.familylawaz.com
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