Legal Question in Family Law in Arizona
Unwed father looking for answers
I am the unwed father of a 9 month old son. I have been with his mother for 3 years, supporting her and her 5 year old son from a previous marriage. Her ex has never paid a dime of support. I am the only financial contributor to the entire family. She and I recently separated and I left the house to give us ''time to think it over.'' My first question is whether I am placing myself in jeopardy of losing my house even though we are not married and the home and all contents, etc. are in my name and no bills are paid with a joint account? Two: do I have the legal right to try and get past support from her ex because I have been supporting him for three years? Three: Do I have any chance in getting full custody of my son should we decide to separate permanately? Lastly: Is there anything I should be doing now to protect myself in the case of future legal disputes with her (i.e. child support, visitation, custody)?
1 Answer from Attorneys
Re: Unwed father looking for answers
Since the house is in your name and you are not married, then it remains your separate property. Any claims for past support belong to the mother, or State if the mother received assistance. You will have to file a paternity action and request sole custody of your child at the same time. You can protect yourself by paying a certain amount to the mother for child support (by check or get a receipt) and have as much parental access with your child as possible.
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