OK.. so this is a loaded questions..
I need to rescind the paternity claim of my ex-husband.. we were not married when my son was born and he claimed him as his son, but is not the blood father.
How can I get this take care of?
Case is closed and had a rough divorce with not much legal aid help and no-one told me that I needed to question it before and now my son is an asthmatic and his "dad and gf" are smoking around him while in the car and he keeps coming home sick every other week. I am just trying to figure out some way of discontinuing this.
The Arizona statute that pertains to your question is: Revocation of Claim to Paternity Rev. Stat. § 25-812. You can read more about it by searching for my legal guide on paternity here on Avvo, but I recommend you contact a local attorney to help you as soon as possible. There are many in your area with profiles here on Avvo, I recommend you contact at least two before deciding how to proceed. Good luck!
Generally, you must make the correct claim in any action with the court as soon as possible. Do not delay if a devorce is pending. If you fail to raise the issue, you may be deemed to have waived it and the ex will be conclusively determined to have been the father.
In addtion to the understandings and conditions set forth in the Avvo website, it should be recognized that no attorney client relationship is established by answering general questions on the site. Seek your own personal legal advice on each and every issue.