Complaint in Paternity to Establish Child Custody, Support, and Visitation: A Complaint begins the lawsuit process. This particular Complaint is used in a paternity case, and it seeks to establish a child support amount, as well as a specific visitation schedule. This form is available in both Word and Rich Text formats.
Mesa Arizona Complaint in Paternity Establishing Child Custody, Visitation and Support
Category:
State:
Arizona
City:
Mesa
Control #:
AZ-DR-2-PAT
Format:
Word;
Rich Text
Instant download
Description
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How to fill out Arizona Complaint In Paternity Establishing Child Custody, Visitation And Support?
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FAQ
A voluntary declaration of parentage or paternity is a California governmental form that, when signed by both parents, establishes them as the legal parents of the child. The form must be signed voluntarily. No one can force either person to sign the form.
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.
If there is a legally established father (for example, under the marital presumption or by a signed paternity acknowledgment), the statute of limitations to challenge the paternity of the legal father is 2 years from the child's birth.
If you are unsure of paternity, genetic testing may be needed to prove the identity of the father. DCSS will pay this cost until paternity is established. If the father's identity is established through genetic testing, he is then responsible for paying this cost which is $51.00 each for mother, father, and child.
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.
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.
Parents who wish to challenge paternity after the 60-day time period must file with the court pursuant to A.R.S. § 25-812. The Affidavit of Paternity Rescission is available to either parent. After the affidavit is filed with the Department of Economic Security a copy will be mailed to the other party.
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.