Family Law Questions? Ask a Family Lawyer Online.
I hope this message finds you guys well, present circumstances excluded. I am a licensed attorney with over a dozen years of experience handling matters of this nature. It is a pleasure to assist you today.
Unfortunately, that is the law....if the father is known, he is supposed to be on the birth certificate of the child for either parent to avail themselves to government assistance. The reason for this is so that the government can locate both parents, and it is in place to cut down on govt. assistance fraud.
What she can do is file a motion to have his parental rights terminated in Arizona. She can have any rights that he may have terminated by showing that he has never been a father and/or has abandoned the child. If she is successful, even though he is listed on the birth certificate, he will not ever have rights to the child.
Let me know if you have any other questions or comments. Please also rate my answer positively (THREE OR MORE STARS) on the ratings bar on your end so I can receive credit for my response.
Thank you and best wishes!
does she need to file the motion in Arizona since moving to California this weekend. And if his name is ***** ***** his birth certificatecan she get government assistance in California?
She can file once she gets to California to have parental rights terminated. However, she will have to establish residency in California first. She will also have to establish residency in California to reserve public assistance. I think she should attempt to receive public assistance in California without the name on the birth certificate first. Cali has more relaxed rules than Arizona relative to public assistance. If California will not grant her request, she can then always add his name later.
Let me know if you have any other questions and please don't forget to rate my answer positively. Thanks
No...since there is no custody agreement, there is no reason to receive permission to leave from the biological father.
Let me know if you have any other questions and please also rate my answer positively. Thanks
Just checking to see if you have any other questions or concerns. Thanks
Just checking to see if you have any other questions. I want you to be as comfortable as possible as you move forward here. Thanks