Parental rights

Alma - posted on 05/05/2014 ( 7 moms have responded )

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If my baby takes her father's last name will he have any legal rights to her in Arizona? And if she doesn't, does he still have to pay child support or not? We are not married..

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Jodi - posted on 05/05/2014

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So talk to a lawyer and get court orders around the custody arrangements. The last name will have nothing to do with it.

Alma - posted on 05/05/2014

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He's not an illegal resident but he does have family in Mexico. The reason why I'm concerned about that is because the other day he mentioned he wanted our little girl to have double residency..

Jodi - posted on 05/05/2014

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He can't legally take her out of the country without your permission. After all, there would have to be a passport. However, with regard to taking her out of state, he could easily do that if there were no court orders. You could have custody orders filed to include a stipulation that he may not take her out of state without your permission, but you have to remember, you will have to comply with the same rule.

Liz - posted on 05/05/2014

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Is he likely to want to do that? If he has family in another country or is a resident alien, for example, get to see a lawyer sooner rather than later and mention the issue.

Alma - posted on 05/05/2014

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No, I have not spoken to a lawyer about custody or anything. Im not trying to keep my baby from her father either, I just dont know how much rights he'll have over her. Like what if I don't want him taking her out of the state or country, can I legally tell him he can't?

Liz - posted on 05/05/2014

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I can't speak for the rules in Arizona specifically, but he will have a father's rights regardless of what last name your baby takes. Have you spoken to a lawyer regarding custody/

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