AZ Minor Signing Paternity Form - more philosophical question

[talerco]

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

Mother and grandparents had mail in DNA test done shortly after AOP was signed. The AOP was signed and sent in when child approx. 6 months.
Mother has said no one else possible until test came back and then another name was dropped.

 

[talerco]

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

Even if under 18? 14?

 

[Just Blue]

Even if under 18? 14?

Yes.

 

[Shadowbunny]

Even if under 18? 14?

Yes. Was this child 16 when the ADULT male impregnated her?

 

[talerco]

Yes. Was this child 16 when the ADULT male impregnated her?

Yes. You can beat him up as I already have but I’d ask that that be reserved for another thread....unless relevant to solving current dilemma.

 

[talerco]

Yes. Was this child 16 when the ADULT male impregnated her?

Actually, I don’t know the age of the father but she was 16 when my friend didn’t impregnate her.

 

[Just Blue]

Yes. You can beat him up as I already have but I’d ask that that be reserved for another thread....unless relevant to solving current dilemma.

He committed Felony Rape (per your postings). Honestly...He has much larger issues than whether the AOP was handled legally. When this get's before a Judge (and it will for the adoption) he will be brought to the attention of the police.

 

[Zigner]

I looked up Arizona law regarding minors entering contracts.

Why? An AOP is not a contract.

 

[talerco]

Why? An AOP is not a contract.

Why? In an attempt to educate myself about contract law in Arizona. The same reason I posted on this thread.
If not a contract, can you tell me what it is and anything about Arizona law governing ability to be bound? I will admit to not knowing everything but I find it hard to believe that a 13 year old (having given birth) is granted the ability to sign a form that holds the same power as a court order.
I'm also non-attorney. However, I found that a minor may not sue and may not consent to medical care unless homeless, emancipated or married - which she was not.
After emancipation, a minor is responsible for his or her own wellbeing and can make all of the major decisions regarding healthcare, school, and other matters. This opposite - an un-emancipated minor cannot make decisions regarding healthcare, school and other matters.
I do appreciate the questioning of how we got in this situation and criticism of actions planned. It is informative. I am also hoping for some actual information and/or guidance on what suggested steps we take now.

 

[LdiJ]

Why? In an attempt to educate myself about contract law in Arizona. The same reason I posted on this thread.
If not a contract, can you tell me what it is and anything about Arizona law governing ability to be bound? I will admit to not knowing everything but I find it hard to believe that a 13 year old (having given birth) is granted the ability to sign a form that holds the same power as a court order.
I'm also non-attorney. However, I found that a minor may not sue and may not consent to medical care unless homeless, emancipated or married - which she was not.
After emancipation, a minor is responsible for his or her own wellbeing and can make all of the major decisions regarding healthcare, school, and other matters. This opposite - an un-emancipated minor cannot make decisions regarding healthcare, school and other matters.
I do appreciate the questioning of how we got in this situation and criticism of actions planned. It is informative. I am also hoping for some actual information and/or guidance on what suggested steps we take now.

A birth certificate is not a medical matter. Yes, they are often signed at the hospital but its not a medical matter. It is about a child, and a minor is in charge of their own child and may sign documents related to the paternity of said child.

Again, as you were already told an Affidavit of Paternity is not a contract. It cannot be a contract because there is no "consideration". It's simply a document where the two parents acknowledge the paternity of the child. The reason why the period of time to rescind an AOP is so short is because otherwise it could cause mayhem.

Again, the grandparents adopting the child is the worst possible way to resolve the problem.

 

[Just Blue]

Why? In an attempt to educate myself about contract law in Arizona. The same reason I posted on this thread.
If not a contract, can you tell me what it is and anything about Arizona law governing ability to be bound? I will admit to not knowing everything but I find it hard to believe that a 13 year old (having given birth) is granted the ability to sign a form that holds the same power as a court order.
I'm also non-attorney. However, I found that a minor may not sue and may not consent to medical care unless homeless, emancipated or married - which she was not.
After emancipation, a minor is responsible for his or her own wellbeing and can make all of the major decisions regarding healthcare, school, and other matters. This opposite - an un-emancipated minor cannot make decisions regarding healthcare, school and other matters.
I do appreciate the questioning of how we got in this situation and criticism of actions planned. It is informative. I am also hoping for some actual information and/or guidance on what suggested steps we take now.

The next step for this adult is to hire a criminal defense attorney. I don't think you are "getting" how very serious this is.

 

[Zigner]

Why? In an attempt to educate myself about contract law in Arizona. The same reason I posted on this thread.
If not a contract, can you tell me what it is and anything about Arizona law governing ability to be bound? I will admit to not knowing everything but I find it hard to believe that a 13 year old (having given birth) is granted the ability to sign a form that holds the same power as a court order.
I'm also non-attorney. However, I found that a minor may not sue and may not consent to medical care unless homeless, emancipated or married - which she was not.
After emancipation, a minor is responsible for his or her own wellbeing and can make all of the major decisions regarding healthcare, school, and other matters. This opposite - an un-emancipated minor cannot make decisions regarding healthcare, school and other matters.
I do appreciate the questioning of how we got in this situation and criticism of actions planned. It is informative. I am also hoping for some actual information and/or guidance on what suggested steps we take now.

Pregnancy and birth-related matters are different.

 

[talerco]

Again, the grandparents adopting the child is the worst possible way to resolve the problem.

I really don't want to be argumentative - but what is the best way? No money.

 

[Zigner]

Just throwing it out there - but Arizona allows for a "mistaken identity" defense. If the adult was told that the minor was an adult and took reasonable steps to confirm it, then the adult might not be guilty of a crime.

 

[Zigner]

I really don't want to be argumentative - but what is the best way? No money.

It takes money to adopt.