Phoenix Paternity Lawyer : Establish or Dispute Paternity in AZ
Knowing the true parentage of a child is essential for everyone involved. For a mother, it can mean securing financial help to raise a child. For a father, it is the only way to guarantee a relationship with your son or daughter. However, the legal system can be confusing when parents are not married.
At Sullivan Shick, we help parents in Phoenix navigate the complex laws regarding parentage. Whether you need to establish legal fatherhood to gain visitation rights, or you need to dispute a claim that you are the father, we are here to help. We guide you through the process so you can focus on what is best for your future.
Establishing Paternity in Phoenix
In Arizona, when a married couple has a child, the husband is automatically the “presumed father.” However, for unmarried parents, the biological father does not have legal rights or responsibilities automatically. You must take specific steps to make it official.
Establishing paternity does more than just put a name on a birth certificate. It creates a legal framework for:
- Child support: Ensuring the child has financial resources.
- Parenting time: Giving the father a legal right to see the child.
- Medical history: Accessing important genetic health information.
- Benefits: Securing health insurance, social security, or inheritance rights.
We help clients navigate Arizona Revised Statutes Title 25, which governs these family law matters.
Voluntary Acknowledgment Process
The easiest way to establish parentage is when both parents agree. This is often done at the hospital immediately after the child is born. Both parents sign a form called the Voluntary Acknowledgment of Paternity.
Court-Ordered Paternity Testing
If one parent refuses to acknowledge paternity, or if there is a disagreement, you may need to file a paternity action in court. Either the mother or the potential father can start this process.
During this process, the court will likely order genetic testing. If the alleged father refuses to participate or fails to appear in court, the judge may issue a default paternity order. This means the court declares him the legal father—along with all financial obligations—even without a test. It is crucial to have a lawyer represent you to ensure the proper legal procedures are followed.
Paternity Testing Options
Modern science has made determining parentage fast and reliable. Gone are the days of guessing; today, we rely on hard evidence.
DNA Testing Accuracy and Methods
A DNA test is the gold standard for proving biological relationships. These tests compare the genetic markers of the child, the mother, and the alleged father. The results are extremely accurate, typically showing a probability of paternity of 99.9% or higher if the man is the father.
The testing method is usually simple and painless. It typically involves a cheek swab (buccal swab) rather than a blood test. In a legal case, this testing must be performed by an accredited lab with a strict chain of custody. This ensures that the samples are not tampered with and the results will be accepted by the judge.
Father's Rights After Paternity
Many unmarried fathers in Arizona are surprised to learn they have no legal say in their child’s life until paternity is established. Being on the birth certificate is often not enough on its own to enforce visitation if the relationship with the mother ends.
Child Custody and Visitation
Once paternity is legally established, a father has the right to ask the court for legal decision-making authority and parenting time. Arizona courts generally believe that it is in a child’s best interest to have a meaningful relationship with both parents.
Without a court order, the mother generally has sole legal custody of a child born out of wedlock. We help fathers petition the court to set up a fair schedule so they can be an active part of their child’s life.
Child Support Calculations
With rights come responsibilities. Once you are the legal father, you are obligated to support the child financially. Arizona uses specific child support guidelines to calculate the amount.
The court looks at the income of both parents, the cost of health insurance, childcare costs, and the amount of time the child spends with each parent. Establishing paternity is the necessary first step for a mother to request support or for a father to ensure the support amount is fair based on his actual income.
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Disputing Paternity in Arizona
Sometimes, a man is named as a father when he believes he is not. In other cases, a mother may want to prove that a specific man is not the biological father. This is known as disputing or challenging paternity.
Grounds for Challenge
Challenging paternity is time-sensitive. There is a statute of limitations involved, meaning you only have a certain amount of time to challenge a voluntary acknowledgment or a court order. Common reasons to dispute paternity include:
- Fraud: If a mother lied about who the father was.
- Duress: If you were forced to sign paternity papers against your will.
- Material Mistake of Fact: If you signed believing you were the father, but new evidence suggests otherwise.
If you have doubts, do not wait. Delaying can result in being permanently legally responsible for a child that is not biologically yours.
Common Questions About Paternity Cases
We know this process brings up many questions. Here are answers to some of the most common concerns we hear from clients in Phoenix.
The cost varies depending on the lab used. Court-admissible tests are generally more expensive than at-home kits because of the strict handling requirements, but they are usually affordable. In many cases, the court may order the person who requested the test to pay initially, but the judge may order the father to reimburse the costs if paternity is confirmed.
The process usually starts by filing a petition with the Superior Court. The other parent must be officially served with the papers. If the parents agree, they can sign a consent order. If they disagree, the court will order DNA testing. Once results are in, the court issues a final order establishing parentage.
If both parents cooperate, it can be finished in a few months. If the case is contested or if a parent is hard to locate, it can take significantly longer. We work to move your case forward as efficiently as possible.
Yes. Paternity can be established at any time until the child turns 18. In some specific situations, a child can even initiate a case after turning 18 to establish inheritance rights.
For fathers, the risk is having no legal right to see your child or make decisions for them. For mothers, the risk is not receiving financial support to help raise the child. For the child, it means losing out on benefits and family medical history.
While you can buy a test at a drugstore, that result is not usually valid in court. To ensure your rights are protected and the results are legally binding for custody and support, it is highly recommended to work with a lawyer who understands the court procedures.
If a man denies he is the father, the court will order a genetic test. If the test shows he is the biological father, the court will enter an order of paternity, and he will be responsible for child support and eligible for parenting time.
Once paternity is proven, the court uses the Arizona Child Support Guidelines. This formula considers both parents' gross incomes, other support obligations, and the parenting time schedule to determine a monthly amount.
A mother cannot physically force a man to take a test herself, but she can file a court case. The court can then order the man to submit to testing. If he refuses the court order, he can face legal penalties or be declared the father by default.
The main alternative is the Voluntary Acknowledgment of Paternity form. This is an administrative process that avoids court, but it requires both parents to agree. If there is any disagreement, court is usually the only option.
Get Clear Answers Today
Paternity issues affect the emotional and financial future of you and your child. You do not have to navigate the Arizona legal system alone. Whether you are seeking to prove parentage or protect yourself from a false claim, Sullivan Shick is ready to advocate for you.
Contact us today to schedule a consultation regarding your paternity case.
CONTACT US
(480) 284-2644
(623) 915-0944