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Seeking Visitation rights.

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cuzzy18

Junior Member
What is the name of your state (only U.S. law)? Arizona
I was a father to my son for 2 1/2 years, i did everything a loving father would do for there son. I was there for every moment of his life, birth, cut the umbilical cord, First steps, words, all those awesome moments. When he was 2 1/2 i started to think if i was really the bio-father. I mean its every fathers worst nightmare to think it, but as he just started to grow he started to not look like me and a lot like his mom, so i had a few doubts about it. So i did a DNA test though a private company and found out i was NOT the Biological father. It hurt alot, and did alot of thinking, but it was not his fault, and of course my love had not change for him and i decided i still wanted to be his father cause i was the only one he knew, i still loved him as a father would love their son. Me and my x were already broken up at that time, and she said she was happy to still let me be his father and glad i did not walk away from him even though it was her fault and she lied. so i moved out on my own and still watched him until he was 3. had him few times a week during the 6 months from 2 1/2 till 3. My x then deiced to go down hill, make bad choices, etc etc of course not wanting to her all the bad things she was now doing being confronted to her, She then stopped letting me see my son and stopped talking to me all together. now been 3 months since i have had any contact with her or my son, which great i could care less about her. So my question is, can i get visitation rights to see him? I don't pay her anything anymore since she stopped letting me see him, of course the courts cant make me since i am not the bio-dad. I am still on the birth certificate. Can i get rights to visitation with him at all? do i have to adopt him and start paying child support to see him? or can i get visitation rights for the best interests of the child and for me since i have been dad to him since the beginning?
 


single317dad

Senior Member
As long as you are legally the father of the child (as evidenced by your listing as such on the birth certificate), then until and unless someone files to disestablish paternity (Mom or another potential father), then you remain the legal father and may file for visitation rights or even custody and placement.

You will probably end up paying child support. You probably already should be.
 

Proserpina

Senior Member
What is the name of your state (only U.S. law)? Arizona
I was a father to my son for 2 1/2 years, i did everything a loving father would do for there son. I was there for every moment of his life, birth, cut the umbilical cord, First steps, words, all those awesome moments. When he was 2 1/2 i started to think if i was really the bio-father. I mean its every fathers worst nightmare to think it, but as he just started to grow he started to not look like me and a lot like his mom, so i had a few doubts about it. So i did a DNA test though a private company and found out i was NOT the Biological father. It hurt alot, and did alot of thinking, but it was not his fault, and of course my love had not change for him and i decided i still wanted to be his father cause i was the only one he knew, i still loved him as a father would love their son. Me and my x were already broken up at that time, and she said she was happy to still let me be his father and glad i did not walk away from him even though it was her fault and she lied. so i moved out on my own and still watched him until he was 3. had him few times a week during the 6 months from 2 1/2 till 3. My x then deiced to go down hill, make bad choices, etc etc of course not wanting to her all the bad things she was now doing being confronted to her, She then stopped letting me see my son and stopped talking to me all together. now been 3 months since i have had any contact with her or my son, which great i could care less about her. So my question is, can i get visitation rights to see him? I don't pay her anything anymore since she stopped letting me see him, of course the courts cant make me since i am not the bio-dad. I am still on the birth certificate. Can i get rights to visitation with him at all? do i have to adopt him and start paying child support to see him? or can i get visitation rights for the best interests of the child and for me since i have been dad to him since the beginning?
You are very misinformed

You're the legal father - biology no longer matters. You can absolutely file for a parenting plan, and Mom can file for child support - and she'll get it.
 

Ohiogal

Queen Bee
As long as you are legally the father of the child (as evidenced by your listing as such on the birth certificate), then until and unless someone files to disestablish paternity (Mom or another potential father), then you remain the legal father and may file for visitation rights or even custody and placement.

You will probably end up paying child support. You probably already should be.
Mom does not have standing to file to disestablish. She signed the affidavit of paternity as well. The only one that could is the actual biological father. That person could file to establish his paternity thus disestablishing OP's paternity.
 

cuzzy18

Junior Member
As long as you are legally the father of the child (as evidenced by your listing as such on the birth certificate), then until and unless someone files to disestablish paternity (Mom or another potential father), then you remain the legal father and may file for visitation rights or even custody and placement.

You will probably end up paying child support. You probably already should be.
I went down to the court and they said that in order to set up visitation, i have to do a paternity test in order to see him. In Arizona law, a child born outside of wedlock, rights fall directly to the mother unless the court has granted rights to the father after a paternity has been established. Well already know i am not the bio-father due to private DNA testing. I talked to a few lawyers, they stated that only 2 ways at this point. 1, have the court grant me as the father to the child since i have been there since the beginning and best interests of the child, and of course would order to pay child support which is no biggie to me, or 2, file for what they call 3rd party visitation/grandparent, in which for the best interests for the child would play that part for visitation as the 3rd party since i am not the bio-dad and explain to the court i been there since the beginning and for the child best interest and emotional attachment would be best to keep seeing me, which i have a case for, and would be cheaper to try first.

Sound about right??? any other suggestion?. I mean as far as me being on the birth certificate (which by the way he was born in Alabama and we only lived there for the first month of his birth and then moved back to arizona) all i did was sign it, i am not sure if there was a affidavit or not for that, i think it was just the birth certificate.
 

TheGeekess

Keeper of the Kraken
I went down to the court and they said that in order to set up visitation, i have to do a paternity test in order to see him. In Arizona law, a child born outside of wedlock, rights fall directly to the mother unless the court has granted rights to the father after a paternity has been established. Well already know i am not the bio-father due to private DNA testing. I talked to a few lawyers, they stated that only 2 ways at this point. 1, have the court grant me as the father to the child since i have been there since the beginning and best interests of the child, and of course would order to pay child support which is no biggie to me, or 2, file for what they call 3rd party visitation/grandparent, in which for the best interests for the child would play that part for visitation as the 3rd party since i am not the bio-dad and explain to the court i been there since the beginning and for the child best interest and emotional attachment would be best to keep seeing me, which i have a case for, and would be cheaper to try first.

Sound about right??? any other suggestion?. I mean as far as me being on the birth certificate (which by the way he was born in Alabama and we only lived there for the first month of his birth and then moved back to arizona) all i did was sign it, i am not sure if there was a affidavit or not for that, i think it was just the birth certificate.
No, you signed the AOP in Alabama if you are on the birth certificate, because that's all part of the paperwork that one signs in the hospital after a birth. You are legally Dad. File for visitation/child support. :cool:

The search function is not working, but check tomorrow and search under the Code tab here for 'paternity' or 'father':
http://alisondb.legislature.state.al.us/acas/ACASLoginFire.asp
 
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CJane

Senior Member
No, you signed the AOP in Alabama if you are on the birth certificate, because that's all part of the paperwork that one signs in the hospital after a birth. You are legally Dad. File for visitation/child support. :cool:

The search function is not working, but check tomorrow and search under the Code tab here for 'paternity' or 'father':
http://alisondb.legislature.state.al.us/acas/ACASLoginFire.asp

Get a copy of the paternity affidavit from Alabama, and include it with your filing for visitation in AZ. That will alleviate the need for a DNA test. You are NOT a 3rd party, you are DAD.
 

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