Why is it Important to Establish Paternity?

The establishment of paternity grants several rights and responsibilities to the paternal parent. It also grants many benefits to the children. Establishing paternity in a legal sense can also be important in cases where there are legal issues and disputes about paternity, such as paternity fraud cases, wherein a man is led to believe that he is the father of a child when, in fact, he is not. This may happen in cases of infidelity and may result in a man paying child support for a child that is not his if paternity is not established.

It is worth knowing the rights and responsibilities associated with legal paternity for those hoping to secure their legal rights as parents through established paternity.

Without legal paternity, an unmarried man does not have the right to assert the right of parenting time (physical child custody). Once paternity has been established, the father may be allowed to assert his rights.

Child support payments can be difficult for a mother to obtain unless the father of the child has been legally established.

Legal decision-making authority (legal custody) allows a parent to be involved in the important decisions (like health care, education, religion, and social activities) of their minor child. Without having established paternity, a father may not have the right to assert legal decision-making custody rights.

There are several good reasons to establish paternity, but the process can be complicated. It is highly recommended that you first consult with experienced family law lawyers for legal assistance. Contact our law firm to schedule your initial case evaluation today.

How is Paternity Legally Established in Arizona?

There are several ways to establish paternity in the state of Arizona: by court order, by presumption, and by voluntary acknowledgment.

When is Paternity Presumed in AZ?

Under Arizona law, paternity may be presumed. There are typically four presumptions of paternity. These include:

  • The father was married to the mother of the child ten months before the child’s birth. This also applies if the child is born ten months before a divorce.
  • A DNA test affirms fatherhood with a 95% chance of probability.
  • For unmarried parents, if both parents sign the birth certificate, then they will both be considered legal parents.
  • Unmarried parents may also sign a voluntary acknowledgment of paternity, which will result in the presumed fraternity.

What is Voluntary Acknowledgment of Paternity?

Voluntary acknowledgment of paternity is another method of establishing paternity in Arizona. This transpires when unmarried parents acknowledge paternity through a notarized or written statement that has been witnessed. The contents of the acknowledgment of paternity is an official statement by the mother and father saying that the child is biologically theirs.

Before signing the acknowledgment of paternity, both parties must be given notice of the alternatives and legal consequences associated with the document. There may be harsh consequences if the document was signed under duress or involuntarily.

A paternity test looking for a genetic link between the father and the child is necessary before signing any document acknowledging paternity if there is any doubt. After a certain period of time this cannot be undone even if a paternity test shows no genetic link.

What if the Mother or the Father Denies Paternity?

Either the parents, guardians, or relatives of the child can file a petition for the court to establish paternity. This can be arranged either during pregnancy (very unusual) or after the birth of the child. However, it must be requested prior to the child’s 18th birthday.

By filing a paternity petition in an Arizona family law court, you formally request that the court determine the child’s biological father. If the petition proves fatherhood, it may result in child support, child custody, and visitation rights claims.

Once the paternity petition is filed, the other parent receives a notice and has a certain amount of time to respond. If they contest the petition, the case will become more complicated, potentially resulting in the need for court-ordered DNA testing.

Are You Contending with a Paternity Suit?

If you’re a father who has been served with a paternity suit, it is important to seek legal representation as soon as possible. Our lawyers can help ensure that your child support obligations will not be in excess of the Arizona Child Support Guidelines. We can also help you fight for your own parental rights, including potentially securing legal decision-making authority and parenting time.

How Are Paternity Disputes Resolved?

It is not uncommon for disputes and conflicts to arise during paternity determination processes. Disputes could relate to the validity of DNA test results, custody rights, and child support obligations. When conflict arises, a family law judge steps in to resolve the issues, always keeping the child’s best interests at the forefront.

During emotionally taxing and legally complicated paternity disputes, you must seek professional legal counsel to represent your interests. Our law firm is dedicated to the practice of family law and would be proud to represent your legal rights as a parent or as an adult falsely accused of parenthood. To learn more about our compassionate legal services, don’t hesitate to get in touch with our Phoenix law offices to schedule your initial consultation today.

Schedule Your Initial Consultation with Our Family Law Firm Today

Arizona Family Law Attorneys is a Phoenix-based law firm dedicated to providing our clients with compassionate and competent legal care at reasonable rates. If you are dealing with legal issues regarding paternity, we highly recommend that you reach out to our legal team to schedule a confidential consultation. During this consultation, we can discuss your legal options and help you decide the right course of action going forward.

You may contact us at 480-448-0608.