Legal Question in Family Law in California

I moved to arizona a month ago with my daughter my x husband sighned a declaration of paternity stating he wasnt my daughters father even if dna proves otherwise he sighns over his rights it was notorized and turned in to the court the divorce was finalized but now he has reopened it trying to get 50% custody of my daughter can he do that when he already sighned the declaration of paternity? he isnt on her birth cert and has been absent most her life she is 1


Asked on 2/26/11, 6:31 pm

1 Answer from Attorneys
James Goff James R. Goff, Attorney at Law

Your daughter's father has parental rights. It is impossible to say without seeing the document the effect of the alleged waiver. It won't help him in court, but if it is your child's best interest to maintain relationship with daughter court could allow him visitation.

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Answered on 3/04/11, 12:50 pm


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