At Provident Law®, we recognize that establishing paternity is a critical step for unmarried parents who wish to secure the father’s legal rights and responsibilities toward their child. Whether you’re a parent seeking parenting time or the ability to provide financial and emotional support, the paternity process lays the foundation for a legally recognized parent-child relationship. Our experienced Scottsdale family law attorneys are here to guide you through every stage—from voluntary acknowledgments to court proceedings—ensuring your rights are protected and your child’s best interests are prioritized.
Paternity is the legal process by which a man acknowledges and legally establishes his relationship with a child who was born outside of a marriage. Unlike a child born during a marriage, a man who has a child outside a marriage is not legally recognized as the child’s father until he establishes paternity.
Legal Effects of Paternity Establishment
Establishing paternity has significant legal effects for the parents and the child. Once paternity is established, a father has the right to seek parenting time orders concerning the child. Paternity establishment is necessary for a child to inherit from the father and qualify for certain Social Security benefits based on the father’s records, such as Survivor’s benefits. Parents who have established paternity are also both responsible for financially supporting the child, which means one parent can get court-ordered child support from the other parent if needed. Therefore, paternity establishment can have multiple emotional and financial benefits for the child.
Ways to Establish Paternity
Parents can establish paternity for a child born outside of marriage in a few different ways. First, both parents can sign a Voluntary Acknowledgment of Paternity form, typically at the hospital just after the child’s birth. The voluntary acknowledgment process establishes paternity without the necessity of court proceedings.
Parents can go through an administrative process if they agree on paternity establishment, but did not sign a voluntary acknowledgment at the hospital when the child was born. The parents complete certain forms and submit them to the Arizona Department of Child Safety (DCS), which then establishes paternity administratively. This approach also avoids a court appearance, but it is only an option if parents agree on paternity.
Finally, if the parents don’t sign a voluntary acknowledgment, either parent can initiate the formal paternity establishment process by filing a petition in court. In paternity court proceedings, a court can order parents to undergo DNA testing to establish the biological relationship between the father and the child.
Presumptions of Paternity
A.R.S. § 25-814 creates a legal presumption that when a child is born during a marriage, the husband is the child’s father. This presumption also exists if a child is born within ten months after a marriage ends, whether due to death, annulment, dissolution of marriage, or legal separation.
Due to this presumption, if a man believes that he is the father of a child born during a marriage, he can sign an acknowledgment of paternity only if the presumed father consents in writing, unless he cannot reasonably be located or has died. Another option in this situation is to rebut the presumption of paternity through DNA testing, which is typically conducted in court proceedings to establish paternity.
Time Limits on Paternity Establishment
Under Arizona law, parents have a limited time to establish paternity. In most cases, a paternity petition must be filed in court before a child turns 18. However, there are some exceptions, such as if establishing paternity is in the child’s best interests.