Legal father vs. Bio-Father rights?

[Azmom]

What is the name of your state? AZ

In going over paperwork for case, I found that the only paperwork signed by my husband was for childsupport office. It only addressed the paternity issues, not any issues terminating his legal rights as father. We had been seperated for years, just never got around to the divorce since we now live in different states.

What can happen with all of this? Thank you.

 

[fairisfair]

What is the name of your state? AZ

In going over paperwork for case, I found that the only paperwork signed by my husband was for childsupport office. It only addressed the paternity issues, not any issues terminating his legal rights as father. We had been seperated for years, just never got around to the divorce since we now live in different states.

What can happen with all of this? Thank you.

so we are to assume that the husband is not the father of the child, oh and that there is a child, and that you now maybe want a divorce and that . . . . . .

how about you tell us.

 

[nextwife]

so we are to assume that the husband is not the father of the child, oh and that there is a child, and that you now maybe want a divorce and that . . . . . .

how about you tell us.

Who have you been collecting CS from? That man is the father, even if not the biodad, he is the man entitled tto paternal rights.

 

[CJane]

Is this the same 'dad' who is 25K in arrears and has supervised visitation at McDonalds? How did you get from that to termination of rights?

https://forum.freeadvice.com/showthread.php?t=339222

 

[Azmom]

so we are to assume that the husband is not the father of the child, oh and that there is a child, and that you now maybe want a divorce and that . . . . . .

how about you tell us.

Sorry should have been more detailed..

No husband is not the father. We have been seperated for 6 years( child is 4). We had both signed divorce papers . There were some issues with them not being filed in time ( Oklahoma) and the final decree was never entered. ( I found that out by requesting a copy from court house). This was a few years later. I have been in Arizona for the past 5.5 years. The divorce has still remained unfinished, with neither of us really pushing it.

I do have a child, that he is concidered to be the legal father of. We talked about that when I found out I was expecting.Arizona is a state that the husband is automaticly the father. This really isn't an issue for either of us, but if I understand correctly it can be a possible issue as far as custody/parenting time.

I am now involved in a custody/parenting time case with childs bio-father. That is why this has became an area of concern.

Thank you.

 

[Azmom]

Is this the same 'dad' who is 25K in arrears and has supervised visitation at McDonalds? How did you get from that to termination of rights?

https://forum.freeadvice.com/showthread.php?t=339222

Yes, one in the same.But we still don't have to go to McDonalds( He has not completed any of his requirements for even the supervised visits.)

Trying to get everything together for court. The legal issues were just brought to my attention. The paperwork signed by my husband were only for childsupport, specifically states that it does not concern any legal parenting rights, only monetary. It was the form used by the CSED.

 

[Azmom]

Who have you been collecting CS from? That man is the father, even if not the biodad, he is the man entitled tto paternal rights.

The bio-dad is ordered to pay support.

 

[ceara19]

The bio-dad is ordered to pay support.

During the child support proceedings, was the bio-dad determined by the court to be the legal father?

 

[nextwife]

The bio-dad is ordered to pay support.

Then he has been legally established as the father. Biodad and legal dad are the same person.

 

[CJane]

The bio-dad is ordered to pay support.

Ok, I'm confused.

Your husband is not the child's biological father, but is considered the child's legal father by default due to AZ statute since you're still married to him. He's on the hook for CS though because he's the legal father.

You're currently involved in custody issues with the biological father, who is not the legal father since you had the child while married to someone else - and are in fact still married to that other person. However, the biological father is also on the hook for CS?

How do you have support orders for two different men, and where does the termination come in to play?

 

[nextwife]

Ok, I'm confused.

Your husband is not the child's biological father, but is considered the child's legal father by default due to AZ statute since you're still married to him. He's on the hook for CS though because he's the legal father.

You're currently involved in custody issues with the biological father, who is not the legal father since you had the child while married to someone else - and are in fact still married to that other person. However, the biological father is also on the hook for CS?

How do you have support orders for two different men, and where does the termination come in to play?

If biodad has been ordered to pay support, then paternity of husband was disestablished and biodad established.

 

[Azmom]

During the child support proceedings, was the bio-dad determined by the court to be the legal father?

No. Only the father as far as childsupport was concerned.

It was brought up, but it states that the state of Arizona is only dealing with the issues of childsupport. Not involving in any of the issues of "legal parenting rights".

 

[Azmom]

Ok, I'm confused.

Your husband is not the child's biological father, but is considered the child's legal father by default due to AZ statute since you're still married to him. He's on the hook for CS though because he's the legal father.

You're currently involved in custody issues with the biological father, who is not the legal father since you had the child while married to someone else - and are in fact still married to that other person. However, the biological father is also on the hook for CS?

How do you have support orders for two different men, and where does the termination come in to play?

There is only one order. The bio-dad is ordered to pay the support.

I'm confused too...

 

[nextwife]

No. Only the father as far as childsupport was concerned.

It was brought up, but it states that the state of Arizona is only dealing with the issues of childsupport. Not involving in any of the issues of "legal parenting rights".

That only means he has not filed for establishment of any legal shared custody or visitation. He can file and estabalish these without first disestablishing paternity, as CS recognizes him as the father and would not collecting CS from him unless you had acted to have him established as dad. Else they would have no clue that this man had any relationship to the child..

 

[CJane]

If biodad has been ordered to pay support, then paternity of husband was disestablished and biodad established.

Maybe.

In my case though, the babydaddy is now ordered to pay support, but has yet to be declared the 'legal father' of the child through the courts.

If mom filed for CS and named bio-dad as the father, and he didn't dispute it, it's possible for him to be ordered to pay child support w/out the original legal father's rights being terminated - especially if CSE doesn't know that mom is legally married to someone else.