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My some was born in Arizona and soon after his mother moved and filed for custody in California. The result of which awarding me primary physical custody and joint legal custody. The problem is my son is now 15 and my name was never added to the birth certificate. Even though I have primary custody mother is not consenting to voluntarily add my name. If birth certificate is Arizona and Custody order is California which court do I file in to have a judge order my name on the birth certificate?
ADHS: Division of Public Health Services: Office of Vital Records: Birth Certificates
The parent is named on the birth certificate.
A father who is not named on the birth certificate is eligible if he provides a court order naming him as the father of the registrant
If the court order provided directs the Office of Vital Records to add the father to the child's birth certificate, the certificate must be amended to include the father before the certificate is issued.
The parent submits a signed application.
The parent provides valid government issued identification or notarized signature on the application.
The parent submits the appropriate fee(s).
Office of Vital Records
Street Address: 1818 West Adams
Phoenix, AZ 85007
Mailing Address:
P.O. Box 3887
Phoenix, AZ 85030
Telephone:
(602) 364-1300
(888) 816-5907
I am not asking how to file. I know all of this. I have a court order stating that I have primary custody and that we have joint legal custody. The court order however is out of the state of California. Child Support paid to me, the parent with primary custody, is also out of California because the custody order is out of California. With that being said, do I now petition to the courts in California where the court order is, or do I petition to the courts in Arizona where the birth certificate was issued?Quote:
Originally Posted by GV70
You missed the main point of GV's response:Quote:
Originally Posted by prico420
You do not have to petition ANY court. You already have a court order naming you as the father. So you simply submit a copy of that court to AZ (since they issued the birth certificate) to issue an amended one.Quote:
Originally Posted by GV70
I really do not know why you so stand adamant on filing in Court.
I have never said you had to go and file in Court . I said you had to contact and give your existing court order to the Office of Vital Records in Arizona.
I wonder why you are asking questions if you know the answers...Quote:
Originally Posted by prico420
I am so adamant because I HAVE taken the court order to Office of Vital Records and they will NOT add my name without a Voluntary Acknowledgement of Paternity (which mother refuses to sign simply because she can refuse) or a court order stating that a judge orders my name on to the birth certificate. Therefore, I ask again, do I go to the California courts or Arizona courts.Quote:
Originally Posted by GV70
Well why didn't you say so in the first place? So why didn't you ask which court has to issue the order? I would suspect, AZ, but if you've already gotten word from Vital Statistics ask then for a clarification. Or I would take the instructions that GV posted and ask them why you are being told something different then is on their web site?Quote:
Originally Posted by prico420
My guess you were told it by an old fat lady who was working there under the program for employment of mentally handicapped persons.Quote:
Originally Posted by prico420
There are several ways a paternity to be established and the father's name to appear on the child's birth certificate in Arizona.
Some of them are: Presumption,voluntary establishment through the court, establishment by the court after filing a legal action (court case), establishment through the state Department of Economic Security (DES) and establishment by automatic operation of law through the state Department of Health Services.
Format Document
Arizona statutes:
36-334. Determining maternity and paternity for birth certificates
A. A person completing a birth certificate shall state the name of the woman who gave birth to the child on the birth certificate as the child's mother unless otherwise provided by law or court order.
B. The state registrar shall not refuse to register a birth certificate because the birth certificate does not include the name of the father.
C. If a father's name is stated on a birth certificate, the father's name shall be stated on a birth certificate as follows:
1. Except as provided in section 25-814, if the mother is married at the time of birth or was married at any time in the ten months before the birth, the name of the mother's husband.
2. If a mother and father who are not married to each other at the time of birth and were not married to each other in the ten months before the birth voluntarily acknowledge paternity pursuant to section 25-812, the name of the father acknowledging paternity.
3. If the state registrar receives an administrative order or a court order establishing paternity, the father's name in the order.
D. If the acknowledgement of paternity is rescinded pursuant to section 25-812, the state registrar shall remove the father's name from the registered birth certificate.
Another guess... You represented yourself pro se , and you did not put the paternity question in Ca. Probably you asked only for custody and that leads me to think that in the eyes of the law you are not the legal father of that child but you are a custodian. Have a look at your court papers.
That's the only /legal/ reason your name not to be added to on your child's birth certificate.
If it is true then you have to return to Ca court and to ask for paternity determination because I suppose you have never done it.
As I said there are several ways for paternity establishment. Paternity acknowledgment has never been the only way.
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