Paternity Attorneys in Arizona

Ensuring Mothers and Fathers Understand Their Rights and How to Protect Them

Child custody, parenting time, and child support are common issues separating parents face, but these aren’t limited to those going through a divorce. Parents who were never married must also contend with these challenges when they end their relationship. Establishing paternity is often the first step in these legal proceedings and is important to establish legal parentage and parental rights for the father.

Whether you’re a father who is trying to get custody of and parenting time with their child or you’re a mother who needs to establish paternity to start child support, having legal representation is key. An experienced family law attorney can help you better understand how Arizona’s paternity and child custody laws work and how they apply to your circumstances. Call the Arizona Family Law Attorneys today to get started.

How Is Paternity Legally Established in Arizona?

Establishing paternity is a way to ensure that the relationship between the child and the child’s biological father is legally recognized. This acknowledges the father’s parental rights and provides the basis for the legal establishment of custody, parenting time, and child support.

When the parents were married for a minimum of 10 months before the child’s birth, the husband is automatically presumed to be the child’s father. However, there are some situations, such as if there is knowledge of an affair, where the husband can attempt to challenge paternity by asking for a paternity test. It’s important to note that if you are going to take this path, the sooner you start, the better.

Unmarried fathers face some additional challenges in establishing paternity. In general, there are two ways to establish paternity for unmarried parents. The first is through a Voluntary Acknowledgment of Paternity that both parents sign. The second is through genetic testing, commonly called a paternity test. While a paternity action can be filed at any point before the child turns 18, it’s best to start the process as early as possible. Once the child is born, you can file the paperwork right away. Once paternity has been legally established, the child’s father can be added to the birth certificate as well.

How Do I Take a Paternity Test?

A paternity test is a genetic test that compares the DNA of the child to the DNA of the father to determine if there is enough in common to indicate a paternal match. DNA testing is noninvasive and usually involves a simple swab of the inside of your cheek. While there are some paternity tests that you can get over the counter, it’s essential to have one processed by a legitimate laboratory because you will need an official lab report to prove paternity. The Arizona Department of Economic Security Child Support Services office also offers services that allow fathers to establish legal paternity.

One of the main challenges that unmarried fathers face in establishing paternity is getting the mother to agree. In some cases, the mother may try to refuse a paternity test to avoid establishing custody (known as “legal decision-making” in Arizona) or having to share parenting time. If this happens, you may have to get a court-ordered paternity test. This can be a challenging and time-consuming battle, but it’s one our attorneys can help with. In general, you will need to have a reasonable belief that you may be the father of the child, such as proof that you were involved in a sexual relationship with the mother at the estimated time of conception.

Is Paternity Required to Establish Child Custody or Child Support Orders?

Establishing paternity is required before any orders determining child custody can be decided. It is also required before either party can be ordered to pay child support. The courts note that parents have certain innate rights to have access to their children and participate in decision-making. It’s also well-known and documented that children do better when they have positive relationships and consistent access to both parents, assuming those parents are healthy and able to make decisions in the child’s best interest.

While it’s common for unmarried parents to have an informal parenting agreement, the truth is that unmarried fathers have no rights to their children until paternity is established. This means that the mother can refuse to let you see the child and could even move across the country without needing to notify you. Legally establishing paternity and custody is an essential first step in protecting your parental rights and access to your child.

Why Should You Establish Paternity?

While many people want to establish their role as legal fathers to ensure that they have access to their children, there are many other benefits that come from establishing paternity. For example, the child can be added to your health insurance, get legal standing as an heir if you were to pass away, and qualify for certain military benefits. Establishing paternity also ensures the child grows up having both parents involved in their life, which can help them grow up with more support and family around them.
If you’re facing challenges getting paternity established, having legal representation can make the process easier and less stressful. Get started by calling the Arizona paternity lawyers at Arizona Family Law Attorneys at 480-448-0608 to schedule a case evaluation.