Legal Question in Family Law in Arizona
Parental Rights
If while married the mother had an affair and consequently gets pregnant and has a baby not knowing if the biological father is the husband or the boyfriend. No DNA testing has ever been done. The husbands name is on the childs birth certificate. The boyfriend claims no responsiblity at the time of learning the mother is pregnant. Three years later the husband and wife divorce and the husband and wife share joint custody with the child and the husband pays child support. Now the child is 12 years old and the boyfriend believing the child to be his is threatening to take the mother to court to get custody of the child. Even if proven with a DNA test that the child is biologically the former boyfriends child does the bioligical father have any rights ?
1 Answer from Attorneys
Re: Parental Rights
Sent 12/24 / 2002
As uncommon as it might seem, this is a fact scenario that the Court has dealt with before. In another case, the Court refused to even ALLOW a DNA test, claiming that it was in the child's best interests to not question whether the child was truly a product of the marriage. Thus, in that matter, the true biological Father was not given rights.
I believe that, even if a test is allowed, and the child is not a product of the marriage, there is still a good likelihood that the de-facto Father, who raised the child as his own for 12 years, certainly maintains his rights.
I can explain the issues better by phone or in person. There is too much to cover via e'mail (and I am not the greatest typist). We offer free 1/2 hour consultations, in which we can discuss the matter in more detail.
Please call me directly to discuss the specifics of your case, or contact my assistant Cathy to schedule a free 1/2 hour consultation. I look forward to talking with you.
/s/ Rich J. Peters, Attorney
JON C. DAKE & ASSOC., P.C.
1422 N. 2nd Street, Suite 100
Phoenix, Arizona 85004
602.254.7251
602.254-1229 (facsimile)
see our web page at www.familylawaz.com
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