Did you know that over 300,000 paternity tests are performed annually in the United States? And while this number seems high, it’s only going to increase as the years go on.
It’s no secret. Co-parenting has become the new norm. But unfortunately, the co-parenting process isn’t always the smoothest, especially when all of the details aren’t present.
Let’s take establishing paternity for example. In order to gain custody of a child, the state must have legal proof that you are the father of the child. Establishing paternity is an important part of child custody cases in Arizona. Here is how you establish paternity.
There are a couple of ways you are able to establish paternity in the state of Arizona. The first and most common way to establish legal paternity is through presumptions.
Arizona law states that it is presumed that a man is a child’s father if:
- There is a 95% positive paternity test affirming the common genetics
- Both parties have signed the birth certificate
- Both parties have signed a voluntary acknowledgment of paternity
- The parents were married when the child was born, or the child was born within 10 months of a marriage that ended in death, annulment, legal separation or divorce.
But contrary to popular belief, these presumptions may be challenged and escalated to higher courts. In some instances, if multiple parties are involved and are also trying to establish paternity, the court may appeal or rebuttal a request for establishment.
2. Voluntary Acknowledgement
The second way you are able to establish paternity in the state of Arizona is voluntary acknowledgment. Even though this may seem like an informal way of proving the genetics of the father, this document must be signed and notarized by both unmarried parties.
After this is done, this document is to be presented to the court, the Department of Economic Security, and Arizona DHHS. Because of the seriousness of the matter, the legal team will be certain that both parties are aware of the legal consequences and alternatives.
Lastly, you are able to establish paternity through adjudication via court proceedings. This may be necessary when one parent is not co-operating in establishing paternity.
If one of the unmarried parties is seeking support or custody of a child, this specific documentation must be filed prior to the child’s 18th birthday. But in other cases, paternal proceedings are necessary in order to prove that the child is heir to the parent.
Learn How to Establish Paternity and More
Whether you’re looking for more information on how to establish paternity, filing for divorce, or child custody, our attorneys are ready to fight for what’s right. If you have questions, we’ve got answers. Schedule your consultation now.
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For a free consultation with one of the dedicated family law attorneys at Reppucci and Roeder call (480) 300-6012 today!