Full question:
My ex-girlfriend and I were together for four years and lived in Arizona. During the course of our relationship, we had a son, who is one year old. However, recently my ex-girlfriend and I ended our four-year relationship and it was not amicable. My ex is refusing to let me see my son and is claiming that I am not the father. How can I prove that I am the father of my ex-girlfriend’s child?
- Category: Paternity
- Subcategory: DNA Test
- Date:
- State: Arizona
Answer:
The term paternity refers to the state of being a father and establishing paternity means to establishing a legal relationship between a man and his biological child. Further, when the parents are not married and the child is born out of wedlock, it is important that paternity is legally established. In Arizona pursuant to A.R.S. § 25-803 a biological father of a child has the statutory right to apply for a paternity. Further, a father who applies for a finding of paternity pursuant to A.R.S. § 25-803 has the right to seek custody and parenting time under A.R.S. § 25-408 by the court’s approval.In Arizona, a man is presumed to be a child’s father under certain circumstances pursuant to A.R.S. § 25-814:
A. A man is presumed to be the father of the child if:
1. He and the mother of the child were married at any time in the ten months immediately preceding the birth or the child is born within ten months after the marriage is terminated by death, annulment, declaration of invalidity or dissolution of marriage or after the court enters a decree of legal separation.
2. Genetic testing affirms at least a ninety-five percent probability of paternity.
3. A birth certificate is signed by the mother and father of a child born out of wedlock.
4. A notarized or witnessed statement is signed by both parents acknowledging paternity or separate substantially similar notarized or witnessed statements are signed by both parents acknowledging paternity.
B. If another man is presumed to be the child's father under subsection A, paragraph 1, an acknowledgment of paternity may be effected only with the written consent of the presumed father or after the presumption is rebutted. If the presumed father has died or cannot reasonably be located, paternity may be established without written consent.
C. Any presumption under this section shall be rebutted by clear and convincing evidence. If two or more presumptions apply, the presumption that the court determines, on the facts, is based on weightier considerations of policy and logic will control. A court decree establishing paternity of the child by another man rebuts the presumption.
1. He and the mother of the child were married at any time in the ten months immediately preceding the birth or the child is born within ten months after the marriage is terminated by death, annulment, declaration of invalidity or dissolution of marriage or after the court enters a decree of legal separation.
2. Genetic testing affirms at least a ninety-five percent probability of paternity.
3. A birth certificate is signed by the mother and father of a child born out of wedlock.
4. A notarized or witnessed statement is signed by both parents acknowledging paternity or separate substantially similar notarized or witnessed statements are signed by both parents acknowledging paternity.
B. If another man is presumed to be the child's father under subsection A, paragraph 1, an acknowledgment of paternity may be effected only with the written consent of the presumed father or after the presumption is rebutted. If the presumed father has died or cannot reasonably be located, paternity may be established without written consent.
C. Any presumption under this section shall be rebutted by clear and convincing evidence. If two or more presumptions apply, the presumption that the court determines, on the facts, is based on weightier considerations of policy and logic will control. A court decree establishing paternity of the child by another man rebuts the presumption.
In Arizona, unwed parents can open a case to establish paternity and child support with the Division of Child Support Services (DCSS). Further, either of the parents can choose to get genetic testing done if there is a question of paternity. However, when a case is opened with the DCSS and one of the parties remain uncooperative in establishing paternity, then the case may be referred to the Assistant Attorney General’s Office for a court hearing to establish paternity and a child support order. Therefore, the best recourse may be to open a case to establish paternity with the DCSS.
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.
