Legal Question in Family Law in Arizona
signing off paternity
My husband had an affair. Once the woman found out she was pregnant she moved to arizona. He wants to give all paternity rights to her because he dosent want anything to do with the child. What state law pertains to this because she lives in arizona and we live in michigan. the child was conceived in michigan. She had her house up for sale here in michigan and she took off to arizona as soon as she found out she was pregnant and told him the day after she left. my husband asked her to have an abortion and she refused so he wants to give up all his rights to her. how can this be done if she lives out of state and can it be done before the child is born?
2 Answers from Attorneys
Re: signing off paternity
The state having jurisdiction is the state where the child lives. Nothing could be done in Michigan, under Michigan law, prior to the child's birth. Perhaps your husband will consider doing the right thing after he realizes that she didn't make that baby all alone. It's his flesh and blood too. Perhaps he'll be a man and support his child even though the child is an unwanted mistake. Perhaps he'll even realize that abondoning the child will have a lifetime effect on the child. Perhaps not. Good luck.
Re: signing off paternity
There is probably not a court in this country that will allow a father to give up his rights to a child without the mother's agreement. Courts in Michigan do not control this situation unless the mother and baby move back to Michigan. The Family Court in Arizona will probably enter an order for support. If your husband does not pay the support he may be found in contempt and jailed. If an order is entered he must obey it. Your husbans should demand a paternity test to find out if he is indeed the father.
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