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State Message Forums => Arizona State Forum => Topic started by: rbutlerm on Mar 09, 2011, 09:38:45 PM

Title: thought I had no rights..
Post by: rbutlerm on Mar 09, 2011, 09:38:45 PM
Is there ANY free or affordable legal help in AZ? At least someone that will work with me financially?

I thought in Arizona that I had no rights as a father because we we never married. My daughter is 7 and her mother stopped allowing my to have her or even talk to her. Put an order of protection out on me with my daughter named as a "protected person" and even put her school on it so I can't even talk to her teachers. She was a home-birth so, as per the requirements to get a birth certificate, we both signed an Acknowledgment of Paternity. This has been happening since Dec. I tried to have the Order of Protection overturned but the judge didn't look at any proof I had to dispute the lies she put on the Order. He said I had to have witnesses, not signed statements. He also told me that since we were not married that I am legally a stranger to my child. I just looked at the statute and it seems clear to me.
 [COLOR=#NaNNaNNaN]25-814[/COLOR]. [COLOR=#NaNNaNNaN]Presumption of paternity[/COLOR]
   A. A man is presumed to be the father of the child if:
3. A birth certificate is signed by the mother and father of a child born out of wedlock.
   4. A notarized or witnessed statement is signed by both parents acknowledging paternity or separate substantially similar notarized or witnessed statements are signed by both parents acknowledging paternity.

So can't I call the police and have her returned to me? I can't wait to see my daughter for the god-knows-how-long amount of time to deal with the custody hearing. I've filed and am waiting on a waiver to have her served, but then I wait 40 days for her response, etc.,etc.
Title: Re: thought I had no rights..
Post by: Delt on Jan 24, 2012, 07:52:38 AM
Still looking for aid?