How can I file to see my child if the mother is being unfair?

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How can I file to see my child if the mother is being unfair?

Asked on October 5, 2012 under Family Law, Arizona

Answers:

Anthony Van Johnson / VANJOHNSON LAW FIRM, L.L.C.

Answered 8 years ago | Contributor

First of all, if your child was born out of wedlock, you must first "legitimate" your child in the Superior Court.  If a child is born out of wedlock, the mother then has sole legal and physical custody of the child.  The father has absolutely no parental rights at that point.  However, the father is required to pay child support.  In order for the father of a child born out of wedlock to have parental rights, a petition for legitimation must be filed.  Upon the granting of the legitimation, the father can then pursue any parental rights.  If you were married to the child's mother at the time of the birth of your child, then you would need to file for custody, modification, visitation and/or any other rights that you desire to exercise.  You should retain the services of an experienced attorney to file this action on your behalf.

David Axinn / David M Axinn

Answered 8 years ago | Contributor

You should file a complaint for custody/ visitation in the child's home county. The best way to proceed would be with an attorney who practices in that county. Many counties have child custody offices that can help you if you are filing without an attorney.


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