Legal Question in Family Law in Arizona
Abandonment
The Father of 5yr child has never been in child's life, Asked Mothers husband-to-be to take on Responsibility of child and put his name on Birth Certificate before child was born. Done. After 5 year Biological father now wants to be a part of the child's life and wants Sole Custody. After 5yrs is this not considered Abandonment of the child? Will he have to File in the state child was conceived/born/and lived in 90% of his life or where the father now lives.
1 Answer from Attorneys
Re: Abandonment
I am sorry to hear about your problem. It appears he met the statutory time period to be declared to have abandoned the child. However, a judge is the one that must find abandonment.
It appears that the biological father must petition for paternity, then for some type of custody and parenting time rights. The court will order whatever it determines to be the best interests of the child. Sure, the biological father has a lot to overcome, but the best interests of the child, as determined by the judge, are paramount.
He is supposed to file in the county where the child lives. However, that doesn't necessarily mean he will. You may have to answer the action in whatever county he filed in to have it moved to the child's county.
Another option, and maybe the best option, would be to file a petition first in the child's county to have the biological father's parental rights terminated based on abandonment and possibly have the husband-to-be legally adopt the child.
I hope this helps. Good luck.
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