Tempe Paternity Lawyers

Children are born every day, and while many enter the world with both parents legally recognized from the outset, that is not always the case. In fact, in many situations, especially when parents are unmarried, legal paternity is simply not established at birth. And while that may not seem like an urgent issue at first, failing to formally establish paternity can create very real legal complications down the road, particularly when questions surrounding child support, parenting time, or decision-making authority inevitably arise. If you have questions about paternity in Arizona, our Tempe family lawyers are here to help. Contact Weingart Family Law for an initial consultation today.

What is Paternity Under Arizona Law?

Paternity refers to the legal recognition of a man as the father of a child. It is important to understand that being a biological father and being a legal father are not always the same thing. A biological father is the man whose genetic material resulted in the child’s conception. A legal father, however, is the man whom the law recognizes as having enforceable parental rights.

Arizona Revised Statutes § 25-814 sets forth what is known as the presumption of paternity. Under this statute, a man is presumed to be the legal father of a child if:

• He was married to the child’s mother at the time of the child’s birth
• He was married to the mother within ten months prior to the birth
• Genetic testing shows at least a 95% probability of paternity
• Both parents sign a voluntary acknowledgement of paternity

In cases involving married parents, the law generally presumes the husband is the legal father. In cases involving unmarried parents, however, paternity must typically be established affirmatively. And when an alleged father disputes parentage, or when more than one man may potentially be the biological father, the matter becomes more complicated and may require court intervention.

It is also critical to understand that until paternity is legally established, a father does not automatically have enforceable rights to parenting time or legal decision-making. Likewise, a mother cannot obtain enforceable child support from a father whose paternity has not been formally recognized. Legal recognition is what gives the court authority to issue binding orders.

Why is Establishing Paternity Important?

Establishing paternity does far more than place a name on a birth certificate. It creates enforceable legal rights and responsibilities that directly impact both parents and the child. Some of the most important reasons to establish paternity are as follows:

• The ability to pursue or enforce child support
• The right to request parenting time
• The right to seek legal decision-making authority
• The child’s access to both parents’ medical histories
• The ability for a child to receive health insurance through the father
• Eligibility for Social Security, veterans’ benefits, or other government benefits
• The child’s legal right to inherit from the father
• Greater stability in future family court proceedings

Can Paternity Be Challenged in Arizona?

Yes, though doing so is not always simple.

For example, a voluntary acknowledgement of paternity may generally be rescinded within 60 days of signing. After that window closes, it may only be challenged on limited grounds such as fraud, duress, or a material mistake of fact. Similarly, a presumed father may attempt to rebut the presumption of paternity through genetic testing, though courts will evaluate both the evidence and the broader circumstances.

Contact Our Phoenix Metropolitan Area Paternity Lawyers

If you are dealing with a paternity issue in Tempe or anywhere in The Valley, our seasoned family lawyers are here to help. Contact the dedicated legal team here at Weingart Family Law for an initial consultation today so we can get started working on your case.