questions & answers

Question: My son was born while I was married to the man on the birth certificate. He is not the biological father & was aware when we divorced but chose to be his father child support & visitation etc. He owes past due support & so now wants to rebut paternity. Can he do this in AZ if he has already accepted the role knowing he is not the paternal father?

Answer:

Title 25 of the Arizona Revised Statutes (A.R.S.) contains laws dealing with marital and domestic relations. Chapter 26, starting with A.R.S. § 25-801 deals with maternity and paternity proceedings. Title 8 of the A.R.S. contains laws dealing with children. You may want to review these laws. Since family law can be very fact specific, you may want to contact an attorney who can tell you how this general information may apply to your specific situation.

A.R.S. § 25-814 discusses a presumption of paternity if a man and "the mother of the child were married at any time in the ten months immediately preceding the birth or the child is born within ten months after the marriage is terminated by death, annulment, declaration of invalidity or dissolution of marriage or after the court enters a decree of legal separation." However, presumptions can be overcome.

A.R.S. § 25-812 discusses voluntary acknowledgment of paternity and the process for challenging a voluntary acknowledgment of paternity.

Again, the above is general information. Various laws may apply to your specific situation. You may want to consult with an attorney and provide that attorney with the specific information about your situation.