How can I prove paternity of my ex-girlfriend's child?

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:

Paternity refers to the legal relationship between a father and his biological child. In Arizona, it's essential to establish paternity, especially when parents are not married. According to A.R.S. § 25-803, a biological father can apply for a paternity determination. This legal status allows him to seek custody and parenting time under A.R.S. § 25-408.

A man is presumed to be the father if:

  • He was married to the mother within ten months before the child's birth, or the child was born within ten months after the marriage ended.
  • Genetic testing shows at least a ninety-five percent probability of paternity.
  • A birth certificate is signed by both parents.
  • Both parents sign a notarized statement acknowledging paternity.

If another man is presumed to be the father, you may need his written consent to establish paternity or provide clear evidence to rebut that presumption. If a court has already established paternity for another man, that presumption takes precedence.

To establish paternity and child support, unwed parents can open a case with the Division of Child Support Services (DCSS). If one parent is uncooperative, the case may be referred to the Assistant Attorney General’s Office for a court hearing. Therefore, opening a paternity case with the DCSS is a recommended step.

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.

FAQs

Letting go of an ex you still love can be challenging. Start by accepting your feelings and giving yourself time to heal. Focus on self-care and engage in activities that bring you joy. Surround yourself with supportive friends and family. Consider setting boundaries with your ex to help create distance. If necessary, seek professional help from a therapist to navigate your emotions.