Establishing Paternity in Arizona: Scottsdale Paternity Attorney
There are 4 ways to legally establish paternity in Arizona:
- If a couple is married ten months prior to the birth or the marriage ends less than ten months before the child is born, then the husband is automatically considered to be the father of the child.
- If unmarried, but the man signs the birth certificate, he is considered to be the father of the child.
- If genetic test results in a 95% probability of paternity
- If both parents sign a notarized and witnessed statement acknowledging paternity.
There are several situations in which it is important to legally establish paternity:
Seeking Parental Rights– If you are unmarried at the time the child was born, it can be difficult for the father to secure parental rights if the relationship ended poorly. In order to secure court-protected rights, you will need to legally establish your paternity.
Seeking to avoid paying child support– In an Arizona marriage, the husband is presumed to be the father unless paternity testing proves otherwise. If you believe the parental rights and responsibilities of a child belong to another man, you will need to undergo paternity testing to confirm this. A.R.S. § 25-503(F) Section F explains that the court will not force a man, who has been proven not the biological father, to continue to pay child support. You may or may not be able to recover the child support you have paid in the past, based on what the court determines would be best for the child.
Simply to know the truth– If your relationships have involved multiple partners, there may be a legitimate question of whether you are the father of the child or not. If the mother is unwilling to consent to genetic testing, the courts do have the power to mandate a genetic test. In order for this to happen, you will have to file forms with the court that give a compelling reason for why you believe you are the father of the child. Remember that if you are proven to be the father of the child, you will typically become responsible for child support.
Our Office14301 N 87th St Suite 211
Scottsdale, AZ 85260