More details to this question:
I am wondering if the father of my child has joint custody to our child. He is on the birth certificate as the father and he has signed the paternity waiver. Also another thing to take into account is that we are unwed and no longer in a relationship.
7 ANSWERS
Family Law Attorney serving Peoria, AZ
at
The Law Firm of Jessica M. Cotter, P.L.L.C.
Update Your Profile
Generally speaking, in Arizona, in a situation as you describe unless and until there are orders entered regarding legal decision making and parenting time you and the biological father would have an equal right to have the child with you.
Answered on Mar 04th, 2014 at 5:51 PM
Alternative Dispute Resolution Attorney serving Chandler, AZ
at
Cox Sandoval Law, PLLC
Update Your Profile
Before either of you have "custody" you have to file a petition to establish legal decision-making, parenting time and child support. Both parents are presumed to be fit parents to share custody as long as there are no major problems such as domestic violence or addiction. The fact you are unwed and no longer in a relationship does not change his right to parent (or yours). I would suggest consulting an attorney for more information on this process.
Answered on Feb 27th, 2014 at 7:10 PM
Dispute Resolution Attorney serving Seattle, WA
at
Law Offices of Helene Ellenbogen P.S.
Update Your Profile
Either one of you can file a petition for parenting plan. This will outline when the child is with which parent and who has decision making authority. Unless there are good reasons (e.g. a history of DV) there will be joint decision making over major decisions. The fact that you were not married is irrelevant. What do you mean he signed the paternity waiver. Is he alleging he is not the father? If so, there should be a DNA test and if he's not the father, a new birth certificate should be issued and he will likely lose contact with the child, unless the child has already bonded to him.
Answered on Feb 27th, 2014 at 7:09 PM
Domestic Relations Attorney serving Omaha, NE
at
Diane L. Berger
Update Your Profile
Until a court decides otherwise, both parents have equal rights.
Answered on Feb 27th, 2014 at 7:09 PM
In as much as the paternity has been informally established with a Recognition of Parentage. (What you referred to as a paternity waiver.) It appears from your fact pattern that the father of your child has not established his legal custody rights, physical custody rights, nor parenting time rights under Minnesota law.
Answered on Feb 27th, 2014 at 7:08 PM
Personal Injury Attorney serving San Antonio, TX
at
Law Offices of James P. Peterson
Update Your Profile
If he is on the birth certificate then he is a parent with the same rights as you. A joint managing conservator is a title given in a court order. That same court order will allocate the important rights between the joint managing conservators ( Custody, educational decisions medical decisions, etc) and duties (child support and visitation). Without a court order he can take the child and has no duty to pay child support.
Answered on Feb 27th, 2014 at 7:08 PM
Commercial Contracts Attorney serving Boise, ID
at
Peters Law, PLLC
Update Your Profile
He is the father and has just as much right to your child as you do. If you want to restrict that, you need to go to court and file a petition to determine custody and child support. More than likely, that man will be in your life until your child is at least 18.
Answered on Feb 27th, 2014 at 6:50 PM