Saturday, February 23, 2013

What if I share kids with someone I've never been married to?

If you are ending a relationship with a person you share children with but aren't married to you need start a paternity action rather than a divorce. In a paternity action it just deals with the kids and child support. There's no property, debt and/or spousal maintenance involved because there was no marriage. These actions are governed by ARS 25-801-818.

The first part of a paternity action is to establish legally, by court order, the father or fathers of the child or children involved. ARS 25-814 sets out the presumptions the law makes about the father of a child is. Review these presumptions to see if the father of your child fits into one of the categories. It's also important to review the presumptions to determine if a person other than the father of the child fits into one of the categories. It's not just enough to say there's a presumption that applies and leave it at that. You need to have it put into an order and signed by a judge to make it official. It should be included in the final custody and parenting time order.

And remember...

While you may find helpful insights or bits of information in this blog as it progresses, keep in mind that this is only being provided as general information to help you and others get started in this process. My first and best advice is to consult a lawyer knowledgeable in the area of family law. This is the only way to truly obtain advice directly pertinent to your situation. I am available for consultation by calling (928) 458-5026 to schedule an appointment.