Paternity Attorneys in Phoenix

• He and the mother were married at any time during the ten months immediately preceding 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 shows a 95 percent or higher probability of paternity
• Both parents signed the birth certificate for a child born out of wedlock
• Both parents signed a qualifying voluntary acknowledgment of paternity

These circumstances can create a statutory presumption of paternity under Arizona Revised Statutes Title 25. The available route still depends on the facts, including whether the parents agree, whether another person also qualifies as a presumed father, and whether anyone contests legal parentage.

Voluntary Acknowledgments of Paternity

If the parents are unmarried but agree on the identity of the father, they can establish paternity without a contested court proceeding. Both parents may sign a voluntary acknowledgment of paternity that is properly witnessed or notarized. Arizona law also recognizes an agreement tied to qualifying genetic-testing results.

Once a valid acknowledgment has been properly filed, it has the same force and effect as a superior court judgment. If you didn’t sign the document at the hospital, we can help you understand the requirements for completing and filing it later.

A parent may rescind the acknowledgment by filing the required form before the earlier of two events: 60 days after the last signature is filed or the date of a proceeding relating to the child. After that period, a challenge is generally limited to statutory grounds such as fraud, duress, or material mistake of fact. Because signing can establish legal parentage without a contested hearing, each parent should understand the document’s legal effect beforehand.

Contested Paternity Proceedings

When the parties disagree about parentage, a paternity proceeding begins with a verified petition stating the relevant circumstances and alleging the respondent’s parentage. Arizona law allows a qualifying proceeding to be filed during pregnancy or after the child’s birth. The mother, alleged father, certain representatives of the child, designated public agencies, or the state may initiate the action.

After the petition is filed and served, the respondent has an opportunity to respond. The court may order genetic testing involving the mother, child, and alleged father. A result showing at least a 95 percent probability creates a statutory presumption of paternity, although the court may need to address other evidence or competing presumptions.

Arizona law permits a default order of paternity when service is complete and the respondent doesn’t respond. A court may also enter a default when someone fails without cause to comply with ordered genetic testing. Parents shouldn’t ignore a petition or testing order simply because they dispute the allegations.

A paternity determination doesn’t necessarily resolve every issue involving the child. A party may request legal decision-making and specific parenting time as part of the proceeding, and the court can address child support, including past support subject to statutory limits and the circumstances of the case. Our lawyers can explain how custody terminology relates to legal decision-making and address parenting schedules and support obligations within the current Arizona legal framework.

Paternity Cases in Maricopa County Superior Court

For Phoenix-area cases, the Superior Court provides a four-step resource addressing initial filings, service, a response or default, and completion of the paternity order process. Its materials also cover requests involving legal decision-making, parenting time, and child support.

Court forms and procedural requirements can change, and self-help materials don’t provide advice tailored to an individual family. We can assist with filing or responding to a petition, evaluating whether genetic testing is necessary, negotiating disputed terms, and presenting requests for related parenting or support orders.

Discuss Your Paternity Matter with Our Phoenix Attorneys

We can advise you before you sign an acknowledgment, handle a filing or response, and address related legal decision-making, parenting time, and child support requests.

If you have questions about establishing or disputing paternity, call (602) 878-3133 or contact us online to schedule an initial consultation with our paternity lawyers in Phoenix, AZ.