Full question:
I filed for divorce November 2 2000 and i applied for an order of protection oct 27 2000. Also i had a vasectomy may 5 2000. The divorce lasted over 2 years and was final march 21st 2003 in which i received full custody of my 3 daughters. On august 24 2001 my estranged wife gave birth to a boy, almost 10 months after i filed for divorce. The babies biological father is on the birth certificate and in 2002 she took him to court to establish paternity and child support. He disappeared and never fulfilled his responsibility. Now in 2011 my ex has had cps take the 3 children she had out of wedlock away from her due to drug use. I was served by the court naming me as the father of the child born while we were still legally married. What rights do i have? This is so wrong in so many ways. Am i considered the presumed father because of some stupid law?
- Category: Paternity
- Subcategory: Marriage
- Date:
- State: Arizona
Answer:
If you were married when the child was born, the law assumes you are the father. This presumption can be challenged with clear evidence, such as a paternity test.
To establish paternity legally, one parent must file a petition with the court. This can happen during the mother's pregnancy or any time before the child turns eighteen. The petition should include the names and social security numbers of those involved and state who is claimed to be the father. The petitioner must serve the other party, who can then respond. The court typically orders genetic testing. If the test shows at least a ninety-five percent likelihood of paternity, the man is presumed to be the father. Most cases resolve after this, but a trial may be needed if paternity is disputed.
Once a court case concludes, if the man is proven to be the biological father, the court will issue an order establishing legal paternity. The court may also order child support, cover past due support, and address medical expenses. A parenting time schedule may also be established.
Refer to the relevant Arizona statute: 25-814, which outlines the presumption of paternity.
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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.