A paternity action is an Arizona court case to establish the legal father of a child. Once paternity is established the court can address legal decision making, parenting time, and child support. A paternity action may be initiated by the mother, the alleged father, or the state.
Paternity in Arizona can be established voluntarily through an Acknowledgment of Paternity signed by both parents, by a court order following genetic testing, or through the legal presumption of being married to the mother at the time of birth.
Establishing paternity is the gateway to parental rights and parental responsibilities. A man who has not established legal paternity has no enforceable right to parenting time or legal decision making regardless of his biological relationship to the child. A mother who has not established paternity has no enforceable right to child support from the biological father.
Paternity actions can be filed in the Superior Court. Genetic testing is available and admissible. If paternity is contested the court will typically order testing.
Putative paternity can also be established in Arizona. If a male believes that he might be the father of a baby yet unborn, he can register on the Putative Father’s Registry so in case the baby is born to that particular partner, he will be notified. This is a safety measure for potential fathers who believe their partner might not contact them after the baby is born or might not contact them if they become pregnant. Without being registered, it is possible for a Father to never be notified and the baby might be adopted and he would lose all rights even though he never knew about the baby.
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