QUESTION
What do I do if mother is in jail and will not sign papers to have me added?
Asked on Feb 09th, 2013 on Child Custody - Arizona
More details to this question:
My son has been solely in my custody since his Mother went to jail 6 months ago. My name is not on the birth certificate, she never wanted to go sign papers before being incarcerated because she knew I would be able to have rights at that point. She is now in a rehab center and I have taken the forms that need to be sign and notarized to her on several occasions. She keeps saying she just doesn’t know if she wants to put me on there yet. I am afraid she will come and get him when she is out of the rehab and there would be nothing I can do. He is 2 years old and since her incarceration has been taken off her insurance and I am unable to get his 2-year old shots or any medical care.
14 ANSWERS
You could initiate a paternity action alleging you are the father, and have it served upon her, and upon the state as a necessary party if the child is presently receiving any services through the state.
Answered on Feb 12th, 2013 at 11:36 PM
Probate Law Attorney serving Colorado Springs, CO
at
John E. Kirchner
Update Your Profile
It isn't clear what you want to be "added to". If you are not on the birth certificate and there has never been any court order saying you are the father and what your rights are, then you have no legal rights and nothing the mother can do will give you any rights, regardless of whether she signs anything or not. Even if she signs something to let you take care of your son while she is in jail, she will always be able to revoke that at any time. If you want to obtain legal access and authority for your son you must file a paternity case to be declared the father and have the court make decisions about what authority each parent has based solely on what is in the child's best interest.
Answered on Feb 12th, 2013 at 11:30 PM
There's a couple of things you can do...You can either file a petition for guardianship or petition for custody. You will have to submit to a paternity test or voluntarily admit that you are the father and you can move forward from there.
Answered on Feb 12th, 2013 at 10:53 PM
Abuse and Neglect Attorney serving Columbus, GA
at
Poydasheff and Sowers, LLC
Update Your Profile
You can go to Juvenile court and petition for a private deprivation against the mother and request custody of the child.
Answered on Feb 12th, 2013 at 10:42 PM
Alternative Dispute Resolution Attorney serving Chandler, AZ
at
Cox Sandoval Law, PLLC
Update Your Profile
If paternity and custody have not been established, you will need to file the paperwork and that can be done without the mother's cooperation. During those proceedings, you can also request that the Court order your name to be on the birth certificate. For insurance and doctors' visits however, it is most important that you establish who has legal decision-making over the child (ie custody) and the visitation arrangements.
Answered on Feb 12th, 2013 at 10:35 PM
Appellate Attorney serving Grosse Pointe Farms, MI
at
Musilli Brennan Associates, PLLC
Update Your Profile
See an attorney, establish parentage and you rights. You are correct as to your predictions if you do not.
Answered on Feb 12th, 2013 at 10:22 PM
Get an attorney to Petition for an Elisor to sign the papers needed to protect your child. An Elisor is a representative of the court.
Answered on Feb 12th, 2013 at 10:21 PM
Commercial Contracts Attorney serving Boise, ID
at
Peters Law, PLLC
Update Your Profile
Go to court, start a paternity, custody and child support action. As part of that process, you will ask the court to order you and the child to take DNA tests. If it proves that you are the father, then you can ask the court to put your name on the birth certificate, give you custody and require her to pay child support. That latter may or may not happen, but it doesn't hurt to ask. Call the Idaho State Bar for a referral.
Answered on Feb 12th, 2013 at 10:05 PM
Family Law Attorney serving Irvine, CA
at
Law Office of Julie A. Ringquist
Update Your Profile
You need to file a Paternity case in the Family Law court. Along with that request, you need to file for a hearing date to determine custody and visitation and, within your Declaration, let the court know the situation and during exactly what time periods, you have had sole custody, as well as why she is unable to care for her child and why you are the best parent to have primary custody.
Answered on Feb 12th, 2013 at 9:12 PM
John Arthur Smitten
You have to file a petition to establish paternity and to establish your rights to the child.
Answered on Feb 12th, 2013 at 9:12 PM
Traffic Tickets Attorney serving Provo, UT
Reviews not shown
2 Awards
You could file a Petition for Paternity to assert your paternity and to establish custody, visitation and support.
Answered on Feb 12th, 2013 at 9:11 PM
Divorce/Family Law Attorney serving Carlsbad, CA
at
Anne B. Howard, A Professional Law Corporation
Update Your Profile
File a paternity action in family court and file for child custody and to be added to birth certificate and add your name to his.
Answered on Feb 12th, 2013 at 9:09 PM
Theodora B. Fader
You need to file a paternity action in order to establish that you are the father and, once you are determined to be the father, you can ask for custody and parenting time to be established. The mother can not be forced to sign papers.
Answered on Feb 12th, 2013 at 9:08 PM
If she will not cooperate in establishing your rights, you may have no choice but to file a paternity/establishment action with the court.
Answered on Feb 12th, 2013 at 9:02 PM