AZ Minor Signing Paternity Form - more philosophical question

[talerco]

What is the name of your state? Arizona
Stupid situation. 'Father' and Mother signed Acknowledgement of Paternity form. Later found he was not father. Difficult to un-do. Being solved by grandparents adopting child.
I know it is in the interest of the State of Arizona that a child have 2 parents. Acknowledgement of Paternity, once signed and filed, sticks pretty well.
Fact - the mother was 17 when she signed the Acknowledgement of Paternity. Statuary rape aside............
I looked up Arizona law regarding minors entering contracts. Can be emancipated or something to do with student loans were only exceptions listed to requirement that you need to be 18 to enter into a contract.
I called the Department of Economic Security which administers (promotes) this form for unwed parents. I asked if the form would somehow be void if the mother (who has to sign) was under 18. I was told that they believe that if a person is old enough to have a baby they are old enough to sign the form. I wish I would have asked if that applied to a 13 year old mother and alleged father.
My gripe here is probably obvious. It seems to me the deep state of the well meaning child protective complex is making up law as they go.
Because of the difficulty in removing the non-father by challenging the form he stupidly signed (he was over 18) he is being deleted from it all by the grandparent adoption.
Just wondering thoughts about this???

 

[eerelations]

My thoughts are concerned with your statement "the deep state of the well meaning child protective complex" - what do you mean by this?

Also, please note that this a legal forum, not a philosophical forum. So you might not get the answers you're looking for here.

 

[talerco]

My question is - Is a form signed by a 17 year old person in Arizona binding if the person has given birth to a child? If not, how would a form thus signed and filed be reversed?
I want to stay on the legal subject so maybe my opinion about the State agency seeming to bend the law was not needed and clouds the question. That was not my intent.

 

[LdiJ]

What is the name of your state? Arizona
Stupid situation. 'Father' and Mother signed Acknowledgement of Paternity form. Later found he was not father. Difficult to un-do. Being solved by grandparents adopting child.
I know it is in the interest of the State of Arizona that a child have 2 parents. Acknowledgement of Paternity, once signed and filed, sticks pretty well.
Fact - the mother was 17 when she signed the Acknowledgement of Paternity. Statuary rape aside............
I looked up Arizona law regarding minors entering contracts. Can be emancipated or something to do with student loans were only exceptions listed to requirement that you need to be 18 to enter into a contract.
I called the Department of Economic Security which administers (promotes) this form for unwed parents. I asked if the form would somehow be void if the mother (who has to sign) was under 18. I was told that they believe that if a person is old enough to have a baby they are old enough to sign the form. I wish I would have asked if that applied to a 13 year old mother and alleged father.
My gripe here is probably obvious. It seems to me the deep state of the well meaning child protective complex is making up law as they go.
Because of the difficulty in removing the non-father by challenging the form he stupidly signed (he was over 18) he is being deleted from it all by the grandparent adoption.
Just wondering thoughts about this???

Why are the grandparents adopting the child? Is this really what the mother wants or are the grandparents forcing it through to get rid of the legal father? Was a DNA test done to verify for sure that he is not the father? How old is the child now?

In some situations it is possible to remove a father that has been proven not the father by a DNA test, from the birth certificate. It is also possible for the actual father, to file to establish his paternity and disestablish the legal father's paternity. The actual father could even challenge any adoption that was made if he was never notified that he was a father.

 

[Taxing Matters]

My gripe here is probably obvious. It seems to me the deep state of the well meaning child protective complex is making up law as they go.
Because of the difficulty in removing the non-father by challenging the form he stupidly signed (he was over 18) he is being deleted from it all by the grandparent adoption.
Just wondering thoughts about this???

The fact that the mother was 17 and the alleged father was over 18 and it is the father that is complaining about it, that won't go very far. He was an adult when he signed, so he's stuck with the consequences of what he did. As an adult, he should have known better. I tell every guy not to ever sign an acknowledgement of paternity (AOP) until you get the DNA test because you can never be completely sure that the girl didn't have sex with someone else despite whatever she told you. There is little harm in refusing to sign until you have the DNA test — the AOP can be done later. But if you sign the AOP and then later find out by a DNA test that the kid is not yours, you might be stuck.

 

[talerco]

LdiJ
Yes, grandparents are adopting child to be rid of non-father. Mother is also good with this. She wants non-father off birth certificate. Have contacted several lawyers. Have no money to dispute form or go down path of DNA proof for reversal. Adoption is least expensive and fastest option. Actual father knows but wants nothing to do with. Child just turned 1 year. Yes, DNA test done proving non-father.....but not court approved process which costs more.

 

[LdiJ]

LdiJ
Yes, grandparents are adopting child to be rid of non-father. Mother is also good with this. She wants non-father off birth certificate. Have contacted several lawyers. Have no money to dispute form or go down path of DNA proof for reversal. Adoption is least expensive and fastest option. Actual father knows but wants nothing to do with. Child just turned 1 year. Yes, DNA test done proving non-father.....but not court approved process which costs more.

OMG, whomever told you that an adoption would be the least expensive and fastest option is totally lying to you. Plus, you know who the biological father is so the adoption process would require you to establish his paternity and then get him to agree to voluntarily terminate his parental rights in order for an adoption to happen at all.

Seriously, you people are about to make a HUGE mess that will just make things far more complicated.

 

[Shadowbunny]

talerco, who are you in this hot mess?

 

[talerco]

OMG, whomever told you that an adoption would be the least expensive and fastest option is totally lying to you. Plus, you know who the biological father is so the adoption process would require you to establish his paternity and then get him to agree to voluntarily terminate his parental rights in order for an adoption to happen at all.

Seriously, you people are about to make a HUGE mess that will just make things far more complicated.

I understand the mess relating to a non-father consenting to adoption and possible future problems.
However, we have been told there is a small chance of having non-father removed from birth certificate even if proved to be non-bio dad......after a process we cannot afford. The state likes 2 parents. We have also been told, as started this, that under age signature on form doesn’t matter.
The father sees a way to be removed from any future financial responsibility. And mother agrees.
Really don’t see a better route. If you have one.......

talerco, who are you in this hot mess?

I am an older friend/ mentor to the father. Obviously not in a timely enough manner. Trying to help him.

 

[Shadowbunny]

Plus, you know who the biological father is so the adoption process would require you to establish his paternity and then get him to agree to voluntarily terminate his parental rights in order for an adoption to happen at all.

OP is a friend of the 18 year old "man" who signed the AOP. I doubt that he has any clue as to who the biological father is.

 

[talerco]

I understand the mess relating to a non-father consenting to adoption and possible future problems.
However, we have been told there is a small chance of having non-father removed from birth certificate even if proved to be non-bio dad......after a process we cannot afford. The state likes 2 parents. We have also been told, as started this, that under age signature on form doesn’t matter.
The father sees a way to be removed from any future financial responsibility. And mother agrees.
Really don’t see a better route. If you have one.......

I am an older friend/ mentor to the father. Obviously not in a timely enough manner. Trying to help him.

To vent a little...Without excusing the idiot father.
What we have is a 17 year old mother and 22 year old father signing an form that was ‘witnessed’ not notarized by a 20 year old friend and mailed to the state agency. No ID, no appearance - nothing. It is then filed with the force of a court order.
Now we find it’s not true and all parties want to take it back and we’re told not likely even with lawyers that can’t be afforded.
Just sayin......

OP is a friend of the 18 year old "man" who signed the AOP. I doubt that he has any clue as to who the biological father is.

 

[cbg]

HOW did you find that he is not the father? That is not just idle curiosity. It's relevant.

 

[Shadowbunny]

To vent a little...Without excusing the idiot father.
What we have is a 17 year old mother and 22 year old father signing an form that was ‘witnessed’ not notarized by a 20 year old friend and mailed to the state agency. No ID, no appearance - nothing. It is then filed with the force of a court order.
Now we find it’s not true and all parties want to take it back and we’re told not likely even with lawyers that can’t be afforded.
Just sayin......

So are you saying the 18 year old DIDN'T sign the AOP? If not, then what does the ^ matter? And where in your story did the 22 and 20-year olds come from? I'm beginning to think you have no idea what has actually happened.

 

[talerco]

So are you saying the 18 year old DIDN'T sign the AOP? If not, then what does the ^ matter? And where in your story did the 22 and 20-year olds come from? I'm beginning to think you have no idea what has actually happened.

I know. Apparently not communicating well.
Never mentioned any 18 year old.
17 year old mother and 22 year old father signed AOP. Witnessed by 20 year old. What else?

 

[Just Blue]

I know. Apparently not communicating well.
Never mentioned any 18 year old.
17 year old mother and 22 year old father signed AOP. Witnessed by 20 year old. What else?

The mother of the child is legally allowed to sign/make decisions for her child. Including the AOP.