Can my ex husband come take my daughter?
I have a seven week old daughter and ex husband is the father. But he wants nothing to do with the child. He has not established paternity and I did not name him on her birth certificate. Do I need to show something to legally establish custody? I was told that if I do not, he could come and take her from me someday if he ever wanted and he would not be charged for kidnapping.
Answered By: Cox & Ryan, PLLC
If he is not on the birth certificate and he attempts to take your daughter, he will most likely be the one in trouble. If he chooses not to establish paternity, then later on you can potentially terminate his rights. However, if you want child support, you will need to establish that he is the legal father either through DNA or a voluntary acknowledgment. You would have to file a petition to get that going through the courts.
Answer Applies to: Arizona
Replied: 8/12/2010
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answer Applies to: Arizona
Replied: 8/12/2010
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
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