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thought I had no rights..

Started by rbutlerm, Mar 09, 2011, 07:29:22 PM

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rbutlerm

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 [COLOR=#NaNNaNNaN]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.
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25-814. Presumption of paternity
   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.

MixedBag

sounds like you're starting to get the ball rolling in the right direction.

establish that you're the dad.

then work to get time.

Since there's an order of protection out there, you might need an attorney who knows their way through the system to get that overturned so that the ball can really get rolling and not hit so many bumps.