My daughter is divorced and having her 5th child. It might be her ex-boyfriends. What rights does the ex-boyfriend have?

Question:

My daughter is divorced and having her 5th child. It might be her ex-boyfriends. What rights does the ex-boyfriend have?

I’m trying to find out what rights the ex-boyfriend has for the child. My daughter doesn’t want anything to do with the abusive  ex-boyfriend, so we are giving the child her maiden name. He is threatening her with all types of legalities, as soon as the child is born. We don’t want him around. Can we legally keep him away? If my daughter won’t let him do a paternity test is that her right?

Answer:

If he is the father, he stands a good chance of being awarded Joint Legal Decision Making Authority (formerly “Custody”) and up to Equal Parenting Time if she is unable to prove that he is not a fit parent.

If he had relations with him around the time the child was conceived and he is requesting a Paternity Test, the courts will Order the parties to submit to testing, regardless of mother’s allegations or wishes.

I would suggest that she meet with an experienced family law attorney to discuss her options right away. The Sampair Group as well as most other family law attorneys here in Maricopa County do not charge for the initial consultation.

Good luck!

Patrick Sampair
The Sampair Group, PLLC

Offices Valley-wide:
Arrowhead: 17235 N. 75th Avenue, Suite E-100, Glendale, AZ
City North: 5450 E High St #300, Phoenix, AZ
East Valley: 1830 S. Alma School #114, Mesa, AZ

West Valley: 623.218.1000
Phoenix: 602.997.7717
East Valley: 480.636.1333

To read more of Phoenix child custody attorney Patrick Sampair’s answers on Avvo and be sure to check out his child custody page, or if you have a question for Mr. Sampair ask him directly at: http://www.sampair.com/.