Legal Question in Family Law in Arizona

Child relinquishment

I am pregnant and no longer with the child's father. He wants me to have an abortion, but I want to keep the child. I do not want anything from him, but he is threatening to sue me in case I decide to take him to court for child support. Is there some kind of legal document he can sign to relinquish custody before the child is born? And a contract stating that I will not fight for child support?


Asked on 4/12/08, 12:15 am

2 Answers from Attorneys

Rich Peters R. J. Peters & Assoc., P.C.

Re: Child relinquishment

If its an Arizona matter, we can absolutely help.

I can explain the issues and procedures better by phone or in person. As you can imagine, there is too much to cover via e'mail. We offer free 1/2 hour consultations, in which we can discuss the matter in more detail.

Please call me directly to discuss the specifics of your case, or contact my assistant Tasha or my paralegal Alicia to schedule a free 1/2 hour consultation. 602x254x7251

Carlie Owsley Walker

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Answered on 4/21/08, 2:52 pm
Monica Donaldson Stewart Donaldson Stewart, P.C.

Re: Child relinquishment

The choice to have the baby is yours alone. You also have the right to seek child support, and the father can't "sue" you for doing so. You can also choose to not include him - e.g. do not name him on the birth certificate, do not file a paternity or child support action, etc. The statute states that when a child is born to unmarried parents, the parent who the child has resided with for the greater part of the last 6 months has custody, so you would automatically have sole custody.

There's nothing the father can sign before the child is born; however, after the birth, there are a couple things you can do: 1) the two of you can sign an agreement that he has no custody/parenting time rights, and no child support obligation. 2) when you marry someone in the future, if he wants to adopt your child, the bio father can sign a consent to allow that adoption to proceed. He can't technically "terminate" his own rights, but if he doesn't assert his rights in the first place, it is basically the same thing.

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Answered on 4/12/08, 11:05 am


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