Establishing Paternity
Some men unknowingly pay thousands of dollars in child support for children that are not theirs. Others are unable to exercise their parental rights, including legal decision-making, for their biological children. In Tucson, Arizona, a child’s father needs to establish paternity to enforce their parental right, especially if they are not married to the mother.
While Arizona law presumes a husband to be the biological father of any child born to the married couple, it’s different for an unmarried couple. The process of establishing paternity seeks to address the legal issues that may arise when the parents of a child are not married to each other.
If you need to establish paternity, it is advisable to seek the help of a skilled family law attorney. Our knowledgeable and experienced Tucson family law attorneys at RPM Law will help you navigate the complexities of establishing paternity.
In this article, we will tell you what you need to know about establishing paternity, including taking you through the legal steps.
What is Paternity and Why Establish It?
Paternity is the acknowledgment of a man as a child’s biological father. The legal process of establishing paternity is common among unmarried parents. While the process may be important for both parents, it is crucial for the child. Besides assuring a father’s parental rights or helping a mother enforce child support, it has huge implications on a child’s life.
First, establishing paternity gives the child identity. It helps a child know who they are and have a sense of belonging when they know both parents. The legal process also offers financial benefits to the child, including the right to inherit their father. Other likely financial benefits include life insurance and health insurance. It can also allow a child to benefits from the social security of deceased or disabled parents.
Establishing paternity allows a child to learn about the medical history of both sides of the family, including the likelihood of inherited health issues. Of great importance, a child gets the right to know and establish a healthy relationship with both parents. Establishing paternity has legal, emotional, and financial benefits to all involved, especially the child.
How to Establish Paternity in Tucson
The legal process of establishing paternity often occurs when there is a paternity dispute, especially where the parents are unmarried. However, even for a child born to a married couple, the process may also be necessary if a husband denies being the father or another man claims to be the father.
Arizona law provides several methods of establishing paternity in case of a dispute. The methods include:
- Presumption of paternity. Arizona law presumes a man to be a child’s father if they were married to the mother within ten months of the child’s birth. But, with clear and convincing evidence, the man can contest this presumption in court if necessary.
- Voluntary acknowledgment. This occurs when both parents agree on the identity of the father and sign an Acknowledgment of Paternity form at the hospital when the child is born. They then file the form with the Department of Child Safety Services (DCSS). The method helps establish paternity without involving the court. Voluntary acknowledgment can also be through the signing of the birth certificate.
- Court Order. Where there is a paternity dispute, either a parent or an interested party can file a petition with the court to establish paternity. The court process often requires DNA genetic testing to determine a child’s biological father.
The judicial process can be complex, including requiring a timely response to the petition. There is also the likelihood of default judgment when a man fails to take the court-ordered genetic test. However, a skilled Tucson paternity lawyer can help you navigate the legal complexities.
The Arizona Court Process
The judicial process of establishing paternity involves several steps, including:
Filing petition. A.R.S. 25-806 outlines Arizona’s court process of establishing paternity. The process starts with the filing of a verified petition by either parent or other interested parties, including guardians, or conservator of the child. The petitioner requires the court to help establish the identity of a child’s legal father.
Response. The other party or respondent, often the potential father, must file a response within the stipulated period, otherwise, the court may pass a default judgment. The response is often an admission or a rejection of the paternity claim.
If the respondent files a response admitting paternity, the court can pass a paternity judgment immediately. If the respondent disputes paternity, the court summons both parties for a court hearing to establish paternity. If there are other related issues, including child custody or support, the court also subjects them to a hearing.
The court will pass a judgment after considering all the evidence and arguments from both sides. Once the court enters a paternity judgment, all parties must adhere to it. The judgment often establishes the different legal rights and obligations of the parents.
Contact a Tucson Paternity Establishment Lawyer
Establishing paternity helps protect the rights of a father and the child. The right of the father to have a relationship with their child and the right of a child to be cared for by both parents. In some cases, it also helps a mother hold an irresponsible father to account. Accordingly, the process can be emotional and complex. However, a knowledgeable family law attorney can guide you through the often complex legal process.
If you are seeking to establish paternity in Tucson, contact our skilled and experienced Tucson paternity lawyers at RPM Law. We will help you navigate the complex paternity establishment process and help you enforce your parental rights. We specialize in family law matters, including paternity cases, and will offer the necessary legal guidance and support. Contact us for a free consultation and to learn more about our services.
