Paternity Attorneys in Phoenix, AZ

• He and the mother were married at any time within the ten months before the child's birth
• The child was born within ten months after the marriage ended due to death, divorce, annulment, or legal separation
• Genetic testing proves a 95% or higher probability of paternity
• Both parents signed the birth certificate for a child born out of wedlock
• Both parents signed a voluntary acknowledgment of paternity that is properly witnessed or notarized

Voluntary Acknowledgments of Paternity

If the parents are unmarried but agree on the identity of the father, they can establish paternity without administrative or judicial proceedings. This often happens at the hospital immediately after birth. Both parents must sign a voluntary acknowledgment of paternity document, which requires witnessing that meets specific requirements or notarization.

Once this document has been properly filed, it gains the same legal force as a court order. If you did not sign this document at the hospital, our attorneys at BDB Law can help you complete and file it later.

Note that a 60-day window exists to rescind this acknowledgment if either party changes their mind. After 60 days, challenging it becomes significantly more difficult and requires proving fraud, duress, or material mistake of fact.

Judicial Proceedings

When parties disagree about parentage, or when one party refuses to submit to genetic testing (also known as DNA testing), we must typically file a petition with the Superior Court. Either the mother, the alleged father, the state, or a legal representative of the child (such as a guardian or conservator) may start this process.

During these proceedings, the court will likely order genetic testing for the mother, child, and potential father. If the alleged father refuses to participate or fails to appear in court, the judge may enter a default judgment declaring him the legal father. Once the court issues an Order of Paternity, our lawyers can help you address custody, visitation schedules, and child support obligations.

Why Should I Choose BDB Law to Help with My Paternity Action?

Several attorneys on our team have been recognized by Best Lawyers®. Our founding attorney, William D. Bishop, has been selected as one of the Top 50 lawyers in Arizona by Super Lawyers from 2019 to 2026, and he has also been rated AV Preeminent® 4.8 by Martindale-Hubbell®. He is a Fellow of the American Academy of Matrimonial Lawyers and a Certified Family Law Specialist. Additionally, he has been selected by Super Lawyers as one of the Top 50 attorneys in Arizona from 2019 to 2026. 

Our lawyers are highly respected by other attorneys and local judges. We have a comprehensive understanding of the law surrounding paternity matters and can put our extensive experience and resources to work for you.

If you are looking to establish paternity so that you can seek custody rights for your child, or if you are trying to secure child support payments through a paternity action, you should consider getting personalized legal advice from an experienced attorney. Call (602) 878-3133 or contact us online today to schedule a consultation to learn more about your rights and what to expect.