QUESTION
What will happen if my ex boyfriend is not my son’s biological father but signed birth certificate?
Asked on Aug 09th, 2013 on Child Custody - Arizona
More details to this question:
My ex signed my 3 year old son's birth certificate knowing he was no the father. Until recently he was still seeing him until I found out he was being treated differently than his other kids and was making statements like "hes taking away from my biological children". I filed for disestablishment of paternity and he responded agreeing to this. Does this mean that he will also lose all rights to my son?
1 ANSWER
Family Law Attorney serving Peoria, AZ
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Unfortunately in Arizona there is case law that a man who signs the affidavit to put their name on a birth certificate can only take action to challenge paternity within 6 months of signing the affidavit, and then he must prove he was unaware he was not the father. You should, however, consult with an experienced family law attorney in your area to discuss this. Since he may be treated as the father for other purposes perhaps he would sign a consent to the child's adoption.
Answered on Aug 13th, 2013 at 10:02 AM