There are several reasons for an unmarried parent to establish paternity in Arizona. Establishing paternity is the first step in obtaining parenting time, legal decision-making, and child support orders from the court. Without establishing paternity, an unmarried mother cannot request a child support order from the court and an unmarried father cannot petition the court for child custody. If you’re looking to request child support compensation, a Phoenix child support attorney can help navigate your legal options.
If you are an unmarried parent without a paternity order and would like to explore the benefits of establishing paternity in Arizona, contact the 602 Law Group. Our experienced paternity attorneys will gladly review Arizona’s paternity laws with you as well as the state’s legal paternity process.
How a Phoenix Paternity Establishment Lawyer Can Help
At the 602 Law Group, we want to help you with your Arizona paternity case. It is important for children and their parents to have paternity orders in place.
In Arizona, paternity must be established when a child is conceived and born out of wedlock. There is no legal presumption that a man is the father of a child who is conceived and born outside of a marriage.
You must start the paternity process by requesting paternity orders from the court. At the 602 Law Group, we can handle your paternity case and ensure your child support calculation is accurate. The 602 Law Group is a full-service family law firm and can also pursue a parenting plan arrangement.
We understand that the paternity actions can be costly. That is why we focus on efficient legal services that are cost-effective. Call our Phoenix office today to learn more!
Voluntary Acknowledgment of Paternity
The simplest way to establish paternity in Arizona is for both parents to sign a Voluntary Acknowledgement of Paternity at the hospital when the baby is born. This form may also be filled out at an Arizona Department of Economic Services office.
While a Voluntary Acknowledgement of Paternity identifies a parent/child relationship between a father and his child, there still need to be court orders regarding parenting time, legal decision-making authority, and child support.
Declaratory Judgment of Paternity
A paternity judgment arising from a court case is called a Declaratory Judgment of Paternity. The parties to a paternity case may agree or disagree as to the paternity of the child in question.
When there is a disagreement, the court typically orders a DNA test to confirm the paternity of the child. In Arizona, a DNA test must indicate a certainty of at least 95% for a judge to presume paternity of the child.
If paternity is 95% or greater according to a DNA test, it is the man’s burden to prove by clear and convincing evidence that he is not the father of the child. Once paternity is established, a parenting time, legal decision-making, and child custody order can be addressed.
Paternity Presumption Within Ten Months of Marriage
There is a presumption of paternity when a child is born within a specific ten-month timeframe near a marriage.
This presumption applies when:
- A couple was married at any point during the ten months prior to a child’s birth
- A child is born within ten months after the legal dissolution of a marriage.
This presumption towards legitimacy (or birth within a marriage) is considered to be in the best interests of the child.
Contact an Experienced Phoenix Paternity Establishment Attorney Today
Paternity can be a complicated issue in Arizona. If you are unsure of your legal standing as a father or are a mother who wants to establish paternity on behalf of her child, call the experienced Phoenix family law attorneys at the 602 Law Group today.