Arizona Instruction to Jury in a Paternity as to the Average Period of Gestation

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The period of gestation is the period between the date of conception and the date of birth of the child. The average period of gestation is about nine months, but this period may vary.

How to fill out Instruction To Jury In A Paternity As To The Average Period Of Gestation?

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FAQ

Arizona Revised Statute Section 25-814 provides that paternity can be established through genetic testing, so long as that testing proves at least a 95% probability the man is the father of the child. You should also be aware of where you may establish paternity of your child.

Establishing Paternity Both parents may come into a DCSS office to fill out and sign the Voluntary Affidavit Acknowledging Paternity form that is filed by the DCSS through the Hospital Paternity Program (HPP) to establish paternity.

The policy enunciated in Nerini was that a father's duty to support his child, legitimate or illegitimate, has no time bar. Mr. Christensen argues on appeal that the obligation to support a child has no time bar. However, he claims, an action to determine paternity must be brought within one year after the birth.

A Voluntary Acknowledgment of Paternity, signed by both parents, can also be filed with the court or an administrative agency to establish legal parentage. The Acknowledgment of Paternity is also available at all Vital Records offices.

In Arizona, a father who is not married to his child's mother has no legal right to the child until paternity has been established, either by agreement (affidavit between the parents) and a written agreement or a court order outlines the schedule and decision making ability of each parent.

A DNA test may be ordered to discover the biological father's identity. There is always the possibility that one party may decline to take the test, but it is more likely than not that an order will be issued by a judge requiring a party to submit to a DNA test.

It is worth noting that Arizona statute declares that mothers must establish paternity within a year of the child's birth. However, when child custody, child support, or other extenuating factors are involved, this statute of limitations may be altered.

You might consider agreeing to take a DNA test without him filing as that would put the matter to rest if he is not the father. In answer to your original question, though, refusing to complete a court ordered test is a very bad idea. The court could order you to pay his attorney fees, fine you or even incarcerate you.

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Arizona Instruction to Jury in a Paternity as to the Average Period of Gestation