The Importance of Establishing Paternity in Arizona

Fathers play a significant and irreplaceable role in the lives of their children, providing love, support, and guidance that contribute to their growth and well-being. Recognizing the vital importance of fathers in a child’s life, the laws in Arizona now emphasize the need to establish paternity for both legal and emotional reasons. At The Peterson Law Firm, we understand the significance of this process and are here to provide you with the legal advice and assistance you need to establish paternity in Arizona.

Why Is It Necessary to Establish Paternity in Arizona?

Establishing a child’s paternity holds significant importance for unmarried mothers, unmarried fathers, and same-sex partners alike. Gaining the right to participate in crucial legal decision-making concerning the child’s education, religious upbringing, and medical care necessitates establishing one’s parental status. For unmarried fathers or same-sex partners desiring regular visitation with their children, establishing paternity is equally essential.

On the other hand, if you are an unmarried mother seeking child support, you must first establish the child’s paternity. Without establishing paternity, the state cannot issue a child support order against an unmarried parent, making it a vital step in securing the necessary financial support for the child’s well-being.

Here are the key reasons why it is essential to establish paternity in Arizona:

• Legal Rights: Establishing paternity grants legal rights to both the father and the child. This includes the right of the child to inheritance, benefits, and access to the father’s medical and health insurance.
• Child Support: Paternity establishment is a prerequisite for determining child support. Once paternity is established, the court can order the father to provide financial support for the child’s needs.
• Parenting Time and Custody: Paternity allows fathers to seek parenting time and custody rights, enabling them to be actively involved in their child’s life.
• Emotional Bonding: For the child, knowing and having a relationship with their father contributes to a stronger emotional bond and a sense of identity.

Discovering that you are the parent of your child does not automatically trigger custody and father’s parenting time proceedings. Although you may be able to come to an informal arrangement with the child’s mother, such an agreement might not offer protection in case of future disputes or conflicts. To secure a legally enforceable order, it becomes necessary to file a petition in court for an official determination of legal decision-making authority and parenting time. Taking this step ensures that your rights as a father are formally recognized and protected by law, providing a solid foundation for your relationship with your child.

How Is Paternity Established in Arizona?

In Arizona, paternity can be established through different methods:

• Paternity is Presumed: If the man or woman was married to the child’s mother within 10 months before the child’s birth; if the child was born within 10 months after a marriage ended due to divorce, legal separation, death, or annulment; if DNA testing shows paternity with a probability of 95% or higher; or if the unmarried father or same-sex partner signs the child’s birth certificate or acknowledges paternity with the mother, there is a presumption of paternity. However, these presumptions can be challenged in court with clear and convincing evidence, allowing individuals to contest the presumption of fatherhood if necessary.
• Voluntary Acknowledgment of Paternity: If both parents agree on the father’s identity, they can sign a Voluntary Acknowledgment of Paternity form at the hospital when the child is born or at a later date. This form is a legally binding document that establishes paternity without the need for court involvement.
• Court Order: If there is a dispute or uncertainty regarding the child’s biological father, either parent can file a petition with the court to establish paternity. In such cases, genetic testing may be required to determine the biological relationship.

Who Can File a Petition for Paternity?

According to A.R.S. § 25-803, the following individuals can file a petition to establish paternity:

• The mother of the child
• The alleged father of the child
• The same-sex spouse or partner of the mother
• The child’s conservator or legal guardian
• Public welfare agency in the county where the child lives
• The state

The petition must be filed in the county where the child resides, and the court will schedule a hearing to determine if necessary. To establish the obligation of providing child support, it is necessary to file the petition before the child reaches 18 years of age. However, even after the child becomes an adult, you can still file a petition to establish his or her rights to inheritance.

Responding promptly to a petition is crucial. Failure to respond could result in a default judgment, with the court ordering you to pay child support. Additionally, if you fail to comply with a court-ordered DNA test, a default judgment may be entered against you as per A.R.S. § 25-813. Subsequently, under A.R.S. § 25-809, the court will issue a child support order and may even retroactively order support payments for up to three years. If the court deems it appropriate, the retroactive order may extend beyond three years, depending on good cause shown.

Benefits of Establishing Paternity

Establishing paternity provides numerous benefits for both fathers and their children:

• Legal Rights and Responsibilities: Paternity grants fathers the legal right to be involved in their child’s life, including making important decisions regarding their upbringing.
• Emotional Bonding: Establishing paternity allows for the development of a meaningful and loving relationship between fathers and their children, benefiting the child’s emotional well-being.
• Financial Support: Paternity establishment enables the child to receive financial support from the father, ensuring their needs are met.
• Access to Medical History: Knowledge of paternity allows the child to access important medical information from both parents, helping healthcare professionals make informed decisions.
• Inheritance Rights: It ensures that the child can inherit property from the father, providing financial security and stability for the child’s future.
• Access to Benefits: The child gains access to benefits such as Social Security or veteran’s benefits, which can significantly support the child’s well-being.
• Sense of Identity: Can grant the child a sense of identity and connection to his or her family roots, fostering a deeper understanding of their heritage and background.
• Shared Parenting Joys and Responsibilities: It allows the mother and father to share the joys and responsibilities of parenting, promoting a strong and loving parental bond with the child.

Secure a Strong Bond with Your Child: Contact The Peterson Law Firm

If you are seeking to establish paternity in Arizona, it is crucial to have the guidance of a skilled and compassionate legal team. At The Peterson Law Firm, we are dedicated to helping fathers secure a strong bond with their children through paternity establishment.

Get the legal help you need now. Contact us today for a consultation and take the first step towards securing a brighter future for you and your child. Our experienced attorneys are here to provide you with the legal advice and assistance you need during this important process.