Legal Question in Family Law in Arizona

unwed maybe father looking for direction

former girlfriend cheated and became pregnant.not sure about father.however I assumed thru-out pregnancy and child birth I was,signed certificate,later learned I was removed and now she wants to apply for state aid and is threatening to give my name to the state,(supposedly so they can get $ from me ) unless I sign off my rights to the baby.

In which case she says she won't give them my info.

what are the real legalities of this issue.also She has not been favorable towards me seeing the baby for 5 months + what can I do ???


Asked on 3/06/01, 4:24 pm

2 Answers from Attorneys

Monica Donaldson Stewart Donaldson Stewart, P.C.

Re: unwed maybe father looking for direction

In this case, her "leverage" against you depends on whether or not you are actually the father. If not, you have no legal liability and her threats are meaningless. If you are the father, you have the right to seek visitation rights and you will have the obligation to pay child support. You can wait to see if she (or the state) initiates a paternity action and go from there, but if you wait and if you are the father, your obligation will be retroactive and you will have a child support arrearage right from the start. Or you can initiate paternity proceedings to determine whether you are the father. Bear in mind that if you "sign off" your rights as the father, this does not end your child support obligation. If you would like additional information, please do not hesitate to contact me.

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Answered on 5/12/01, 1:36 pm

Re: unwed maybe father looking for direction

You have several options.

1. You could sit back, wait and see if she actually pursues it.

2. You could initiate action to require paternity testing, and then seek appropriate custody/access orders if you are in fact the Father.

3. You could negotiate with her.

Please know that EVEN IF YOU SIGN AWAY ANY RIGHTS, SHE STILL HAS THE ABSOLUTE ABILITY TO PURSUE CHILD SUPPORT FROM YOU, PAST, PRESENT AND FUTURE.

Please call me directly if you would like to discuss this further

/s/ Rich J. Peters, Attorney

JON C. DAKE & ASSOC., P.C.

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Answered on 5/11/01, 11:52 am


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