Full question:
The person who is on my son's birth certificate and who signed Acknowledgment of Paternity is not my son's biological father but I have already requested and received a copy of the paperwork that was signed when my son was born. My son was born in 2000. He did a paternity test on my son in 2008 from a company he found online and although I've seen it once, he refuses to give me a copy. We moved out of the residence we shared (my child and I) in June 2010 and I'm curious as to what type of support, if any my child is entitled to, as well as what rights the person on the birth certificate is entitled to concerning visitation and such. Since we've moved, the person on the birth certificate has not provided any support or any means of support. I have yet to seek any assistance because I am unfamiliar with the laws in Arizona regarding these issues. Is it better to leave well enough alone or should I be doing something different that would benefit my child? Can I be sued even if I wasn't aware of the paternity situation until 2008?
- Category: Paternity
- Subcategory: Court Action
- Date:
- State: Arizona
Answer:
Parents are legally required to support their children, regardless of marital status. If parents cannot agree on child support, a court can determine the amount one parent must pay to the other. Biological parents have the right to make decisions about their child's education, healthcare, and upbringing. If there's a dispute over these rights, the court can intervene.
In Arizona, a paternity action is a civil lawsuit that can be initiated by certain parties, including the mother, the alleged biological father, or the child. A court may require paternity testing if there's sufficient cause. If paternity is established, the biological father gains legal rights, including visitation, and may be responsible for child support.
Establishing paternity is crucial for your child to receive financial support and benefits, such as insurance. In Arizona, paternity can be established voluntarily, through court action, or via the Department of Economic Security (DES). If both parents agree on the father’s identity, they can file an affidavit or request genetic testing to establish paternity.
If the biological father is confirmed, he may be ordered to pay child support and can seek visitation rights. However, if the father refuses to acknowledge paternity or provide support, you may need to seek legal assistance to establish paternity and child support through the court.
Since your son is still a minor, you may be joined in any court action regarding paternity or support. It's advisable to consult with an attorney familiar with Arizona family law to understand your options and the best course of action for your child.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.