Need some advice about a divorce and child custody.

I will keep it quick. Married almost four years. I have a daughter who is not biologically my husbands. Although my husband is on the birth certificate. We got married in Las Vegas. Lived in Arizona. Now that my husband and I are separated I moved to Spokane Washington. He filed for divorce in Arizona. He will be fighting for some custody. Can he win even thought he is not my daughters biological father? And how do I fight that? Do I have to use a lawyer in Arizona? Can a lawyer in Washington help me?
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Answers (2)

Thuong-Tri Nguyen

Thuong-Tri Nguyen

Contributor Level 9
You will need to check with an attorney in AZ whether the petition was properly filed in AZ. If you have been living in WA with your child for 6 months or longer before the petition was filed, WA likely has jurisdiction.

If AZ is not the proper state to hear the petition, your AZ attorney can ask the AZ to dismiss the petition.

If AZ laws are similar to WA laws, the time to dispute parentage of the child may have passed. You do not state how old your daughter is. In general, a child born during marriage and for some time after a divorce or death of the husband is presumed to be a child of the marriage.

If the husband is the child's legal father, he can have parental rights even though he may not be the child's biological father.
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Gabrielle Christine Roth Pitner

Gabrielle Christine Roth Pitner

Contributor Level 3
The answer to most of this depends on how long you have lived in Washington State--if you have been in WA for 6 months, then WA has jurisdiction over the child. Because your husband never officially adopted the child, he would not be a parent under WA law. You would need a WA lawyer, who would coordinate with one in AZ to get the case transferred--or you just refile it here.

However, if you have not been here 6 months, then AZ may have jurisdiction, and you will have to chat with an attorney there about the issues.

Good luck!
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