questions & answers

Question: I'm still legally married to my husband even though we haven't lived together or been in a relationship for over 3 years. Recently my boyfriend and I had a child and we want his information legally on our son's birth certificate. My husband is refusing to sign the waiver of paternity. What form(s) do I need to file with the court to establish paternity without his involvement?

Answer:

Arizona Revised Statute 8-812 states that there are two ways to establish paternity. The first way  may be established by both parents signing a notarized or witnessed statement that contains the social security numbers of both parents, however if another man is presumed to be the father, the presumed father will have to provide written consent. The other way to establish paternity is by an agreement by the parents to genetic testing. For the full text of the law, see A.R.S. 8-812. For the court forms and instructions on how to establish paternity in Maricopa County, please go to:
https://www.superiorcourt.maricopa.gov/SuperiorCourt/Self-ServiceCenter/Forms/FamilyCourt/fc_drp1.asp.