An Order is an official written statement from the court commanding a certain action, and is signed by the judge. Failure to comply with the order is unlawful and may result in contempt of court charges. This document, a sample Order of Paternity Pursuant to Affidavit of Acknowledgment of Birth Certificate or Test, can be used as a model to draft an order requested for submission by the court (the court often directs a party to draft an order). Adapt the language to the facts and circumstances of your case. Available for download now in standard format(s).
Tucson Arizona Order Of Paternity
State:
Arizona
City:
Tucson
Control #:
AZ-DR-6A-PAT
Format:
PDF
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How to fill out Arizona Order Of Paternity?
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FAQ
Fathers have parenting rights under the U.S. Constitution and Arizona law with an equal legal opportunity for child custody.
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.
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.
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.
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.
In Arizona, either parent can ask for genetic testing at any DCSS location. If a parent does not want to go for the DNA testing, a court can order it. If the results are 95 percent or higher matching, DCSS will send the results to the parents and the court.
The father, mother, guardian, or conservator (and depending upon the circumstances, a public welfare agency or the State of Arizona) can file a petition to establish paternity with the clerk of the court. A.R.S. § 25-803. The petition can be filed during the mother's pregnancy or after the child is born.
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.
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.
The mother of the child, therefore, does not have to participate in the DNA testing procedure for a man to determine if he is the biological father of a child through DNA testing.