Tucson Arizona Paternity Law and Procedure Handbook
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How to fill out Arizona Paternity Law And Procedure Handbook?
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FAQ
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 father has the right to seek majority parenting time, equal time, or less time than the other parent enjoys. Parenting time ensures he has substantial, frequent, meaningful and continuing contact with his child. Dad has the right to parenting time, even if the other parent has sole legal decision-making.
Under Arizona law, there is a presumption that a man is the father of a child if both parents sign the child's birth certificate.
To perform a paternity test at DNA level a blood sample is required from the mother, alleged father and child. Children of any age can be tested. Unlike the traditional blood tests where the child had to be six months of age, there is no age limit with DNA. Paternity testing can be performed on unborn children.
The notice of a claim of paternity may be filed before the birth of the child but shall be filed within 30 days after the birth of the 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.
An Arizona statute, A.R.S. § 12-631, sets a one-year period that an unmarried woman can bring a paternity suit against a putative father.
Paternity Establishment By Presumption of Paternity In general, a man is presumed to be the child's father if: He was married to the mother during the 10 months immediately preceding the child's birth. Or the child was born within 10 months after their marriage ended by death, annulment, divorce, or legal separation.
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.
While signing the birth certificate, along with the mother, is one way to establish paternity by Presumption of Paternity ? it can be rebutted in court with clear and convincing evidence.