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I'm in a same sex marriage going through a divorce, can i…

Customer Question
I'm in a same...

I'm in a same sex marriage going through a divorce, can i have the same sex partner removed from my child's birth certificate?

Lawyer's Assistant: What steps have you taken? Have you filed any papers in family court?

Not yet. I am in the process of that. She has threaten to take the baby I gave birth to during our marriage and leave with him.

Lawyer's Assistant: Family law varies by state. What state are you in?

Arizona

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Nope. I just don't want her to have rights to my child and need to find out if that is possible.

Submitted: 4 months ago.Category: Family Law
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Answered in 31 minutes by:
3/16/2018
Family Lawyer: Sean K, Family Law Attorney replied 4 months ago
Sean K
Sean K, Family Law Attorney
Category: Family Law
Satisfied Customers: 870
Experience: Family Law Attorney in Private Law Firm
Verified

Hi, I’m Sean and I will be assisting you as an expert today. I’m an attorney with more than 20 years of experience. It is my goal to provide a solid overview of your situation. Whether the analysis is good or bad as to your matter, I want to make sure you understand any points you need and that you have options to better address the questions you have. If I am able, I will also provide you with some resources. Please note that the system, independent from me, may offer a phone call. You are not obligated to engage in a phone call, but I am happy to speak if you desire. This is completely up to you.

If you are going through a divorce and have something pending with a family court, that is the first step. Family Court judges can issue orders amending or modifying birth certificates. It is also possible to address having restraints put on parties as to contact with a child. More importantly, if Arizona was to recognize your spouse as having rights and it is your goal to make sure that she has no rights to your child, it may be necessary to seek termination of any rights that she may have. If you have an attorney, they would be the person to ask and if not, you want to make sure that this relief is requested from the Court.

What you want is possible, you just need to make sure it is presented in the correct fashion.

Please note: This is general information for educational purposes only and is not legal advice. There is no specific course of action is proposed and no attorney-client relationship or privilege formed within this conversation.

If you have any follow up questions it would be my pleasure to answer them. As experts we only get credit for the time and effort we spend on our answers if you rate us positively - 5 stars is definitely appreciated but not required! There is no cost associated with you rating me and you can still ask follow up questions after rating me and I will respond.

One final point, there may be a delay between your question and my answer; this is because I'm either not at my computer or helping someone else but rest assured, if you ask, I will provide an answer. Thank you again.

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Sean K
Sean K, Family Law Attorney
Category: Family Law
Satisfied Customers: 870
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Experience: Family Law Attorney in Private Law Firm

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The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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