Phoenix Paternity Attorneys

Providing Valuable Legal Guidance in Defense of Mothers and Fathers’ Rights

Most people think of child custody matters, child support payments, parenting time, and the question of legal decision-making authority as family law issues that only arise in a complicated divorce case. While it is true that divorces do force mothers and fathers to contend with these legal matters, such issues may also arise for unmarried couples, and there may be other additional reasons why it is necessary to establish paternity and determine who the biological father of a child is. Whatever the cause to question the fatherhood of a man, mothers and fathers are both highly encouraged to retain professional legal counsel to help them through the legal process of determining paternity rights and obligations that go with it.

The legal team of Arizona Family Law Attorneys has extensive experience fighting for father’s rights in and out of courtroom hearings to develop fair custody arrangements, visitation rights, and child support obligations. In addition to representing the rights of fathers, our legal team also represents mothers in these legal matters. As your Phoenix family lawyers, we will work diligently throughout the entire process to help you come to a satisfactory conclusion to your family law case. To learn more about paternity cases and how we can lend legal assistance, please contact our Phoenix law offices to schedule your case evaluation today.

What is the Legal Definition of Paternity in Arizona?

Established paternity goes much further than simply signing a father’s name onto a birth certificate. Paternity is a legally binding recognition of the biological and legal bond that fathers share with their children.

Paternity is a legal term used to represent the biological relationship between a father and his children. Depending on the relationship of Arizona families, paternity may either be assumed or need to be proven and acknowledged. In many cases, a DNA test may be necessary to establish paternity in a family law case. Family courts have the right to order DNA testing to prove the biological relationship between a father and his child.

Establishing paternity can be time-consuming, but the results may prove or disprove a father’s parental rights. In situations where the child’s mother disputes the legal fatherhood of the presumptive father, she may take paternity actions and seek a court order for DNA testing.

If a man is proven to be the legal parent of a child, he will be awarded parental rights. But with those rights come certain duties and obligations. Legally recognized fathers must provide emotional support and financial support for their children.

What is a Paternity Test?

Genetic testing can be performed through your local Division of Child Support Enforcement (DCSE) office. If the DNA test results suggest a 95% likelihood of paternity or higher, the DCSE offices will submit the paternity test results to the court. Test results with a 95% chance or higher of likely parentage typically stand up in a court of law to prove paternity.

If either party disputes who the father is (and there are many reasons to do so), DNA testing could be court-ordered in an evidentiary hearing.

Arizona Family Law Attorneys represent both mothers and fathers in paternity cases. To discuss your paternity matters in more detail, please contact our highly skilled legal staff to schedule a case review today.

Can a Mother or Father Refuse DNA Testing?

If one party is uncooperative in the attempt to establish paternity, the DCSE offices can refer the paternity case to the Assistant Attorney General’s office. Alternatively, with the help of your Arizona family attorney, you can file a paternity action in the Arizona court system without the involvement of the DCSE.

When the result of a court order, all three parties relevant to the paternity case (the child’s mother, the child’s presumptive father, and the child themselves) must submit to DNA testing. In Arizona, the parents split the cost of DNA testing. There is an option for reimbursement later if the presumptive father’s DNA does not match the child’s.

Long and drawn-out courtroom hearings are not uncommon in child support and child custody disputes where paternity is in question. If either party refuses to cooperate with the paternity process, there could be legal repercussions.

When is Paternity Presumed?

The presumption of paternity varies depending on whether the mother and father were married or unmarried at the time their child was born.

If the husband married his wife at least ten months before the birth of the child, he will be assumed to be the father of that child. However, if there is suspicion of an affair, paternity may be challenged.

Unmarried parents are not automatically assumed to have the same legal rights as married parents. If unmarried, a father must prove his paternity in order to have legal parental rights.

When you and the other parent voluntarily sign a birth certificate after a child is born, you are both legally recognized as that child’s parents. This can establish paternity for the father, regardless of marriage status. But what happens if the mother refuses to put the man’s name on the birth certificate? In such cases, paternity will need to be verified by other methods, including DNA testing or filing the proper paternity form.

Is an Unmarried Father’s Consent Required for Adoption Issues?

In Arizona, it is possible for a mother to put their child up for adoption without the parental consent of the father. However, this depends on the particulars of each individual case.

Consent is required under the following circumstances:

• A father has established paternity.
• A father married to the child’s mother at the time of conception or at any time between conception and childbirth. (The exception to this rule is if the paternity of the husband has been excluded and another man’s paternity has been proven.)
• The father has adopted the child.

If your child’s mother has put your child up for adoption, we can help fight the legal battle try to prevent this from happening. Contact our law firm for more information.

When is Establishing Paternity Necessary in a Child Custody Battle? </h2

In child support and child custody disputes, family law judges are required to look out for the best interests of the children first and foremost. Both parents are legally obligated to provide financial support and emotional support to a child in Arizona. However, if paternity is in doubt, then so too is child custody and child support.

As your paternity attorneys, we can help both mothers and fathers reach the most optimal outcome in their paternity cases. For mothers, we can help you obtain current and past-due child support. And for fathers, we can help you obtain fair and reasonable child support payment obligations. We can also look to limit custody rights if there is reason to do so.

What Are the Benefits of Establishing Paternity in Arizona?

There are several benefits to establishing paternity in AZ. In addition to giving the father parental rights, it also provides the child with rights.

Benefits of the proof of paternity include:

• Child support.
• Child visitation rights.
• Detailed understanding of medical history.
• Inheritance.
• Insurance benefits.
• Legal decision-making authority.
• Military benefits.
• Parenting time.
• Retroactive child support, in certain cases.
• Social Security benefits.
• And the importance of having the two parents both involved in the child’s life and upbringing.

How Long Does a Father Have to File a Paternity Action?

Fathers can establish paternity at any time before their child turns 18. However, it is typically in the best interest of the child if paternity is established sooner rather than later. With paternity legally established, the child can enjoy several legal and financial benefits, and the father can secure parental rights of custody and legal decision-making authority.

How Can a Family Law Attorney Help You with Your Child Custody Dispute or Child Support Matters?

Family law lawyers can help both the mother and the alleged father in paternity cases.

At Arizona Family Law Attorneys, we have abundant legal experience filing the proper forms and fighting alongside our clients in the defense of their legal rights. As your legal counsel, we will represent you in and out of court with compassion and dedication.

If you have recently divorced your spouse or have gone through a legal separation, it is possible that negotiating with your ex-partner may prove difficult. We have top-notch negotiation skills and can help you through the process of seeking better terms for your child custody, child support, or paternity case.

Schedule a Consultation with an Experienced Phoenix Paternity Lawyer Today

There is no shortage of paperwork or complicated processes involved in establishing paternity in the state of Arizona. With so many moving parts in a paternity case, there is no room for error. It is highly recommended that mothers and fathers seek professional legal representation for their paternity matters.

Arizona Family Law Attorneys has extensive legal experience handling paternity cases, and we would be proud to lend our legal services to you in these complex matters. To learn more about how we can help you with your case, please contact our family law firm to schedule your initial consultation today. 480-448-0608.