Legal Question in Family Law in Arizona
my sister lives in arizona, she is dating this guy of and on. he is not the biological father of her baby. he doesn't do anything for the baby. the only thing he did was sign the birth certificate in order to stay with her. now she wants to leave him and come stay out here in california with family. he says he will try and get her for kidnapping. does he have any ground to stand on.
2 Answers from Attorneys
Why would she put his name on it if he is not the father? The reality is that if he is not she should get DNA testing to confirm. She won't be kidnapping because he has no legal right to the child even with his name on the birth certificate-anyone's name can be on it-doesn't make them fathers.
He has NO LEGAL RIGHTS at this time until a Judge issues orders that he does. Merely signing the birthcertificate does not, by itself, give him rights. She cannot "kidnap" her child under these circumstances, and is free and able to relocate.
BUT, SHE SHOULD TAKE STEPS TO address the fact that he signed the birth certificate.
We can certainly help her consider and then pursue her 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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