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Family Law Checklists

Arizona Family Law Checklist

Arizona Paternity Checklist: Establishing Legal Fatherhood

Paternity affects more than a name on a birth certificate. Establishing legal fatherhood can affect child support, medical support, parenting time, legal decision-making, inheritance rights, access to records, and a child's sense of identity. For unmarried parents in Arizona, paternity is often the first legal step before parenting orders or support can be fully addressed. You can file a Petition for Establishment of Paternity, Legal Decision Making, Parenting Time, and child support.

Before You Start

This checklist helps mothers, fathers, and alleged fathers organize information for an Arizona paternity case, voluntary acknowledgment, genetic testing, child support, or parenting time request.

Arizona law allows paternity or maternity proceedings to be started by the mother, father, guardian/conservator/best friend of a child born out of wedlock, certain public officials or agencies, or the state. Arizona law also creates presumptions of paternity in several circumstances, including marriage near the time of birth, genetic testing showing at least 95% probability, both parents signing the birth certificate for a child born out of wedlock, or both parents signing a notarized or witnessed acknowledgment.

Work Through the Steps

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1. Identify Your Goal

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2. Gather Parent and Child Information

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3. Gather Relationship and Timing Information

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4. Prepare for Genetic Testing Issues

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5. Prepare Child Support Information

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6. Prepare Parenting Issues

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7. Avoid Common Mistakes

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Common Questions

How is paternity established in Arizona?

Paternity may be established through legal presumptions, acknowledgment, genetic testing, or court proceedings, depending on the facts.

Does establishing paternity automatically create parenting time?

No. Parenting time and legal decision-making will be determined by the child's best interest. This is the same as a family going through a divorce.

Can paternity affect child support?

Yes. Once parentage is established, the court will address current support, medical support, and past support and related costs.

What if another man is presumed to be the father?

Arizona law presumes a husband is the father of any children born during the marriage. It is rebuttable by DNA testing.

Do I have legal rights to my child if I am an unmarried father?

No, not until you have established it in court through a petition filing or a well drafted, signed and notarized agreement with the Mother. It is advisable to file this with the court so it is enforceable if need be.

Ready to Discuss Your Situation?

Paternity cases can affect a child's financial support and a parent's rights. Our Arizona family law team can help you establish, respond to, or dispute paternity and related parenting issues.

Book Your Consultation

This checklist is for general educational purposes only and is not legal advice. Arizona family law can be fact-specific, and court procedures may vary by county. If you are preparing to file, respond, negotiate, mediate, or appear in court, speak with an Arizona family law attorney about your situation.