Paternity

questions & answers

Question: I am a resident of Maricopa County in the state of Arizona. I am the legal father of a child by default and not the biological father. There was never a blood test performed by the court to establish paternity. This is an out-of-wedlock child who is now 12 years old and I was never married to the child's mother. I have been paying child support for this child for 12 years. I want to file a motion to disprove paternity and request that the judge order a DNA test since the mother will not cooperate with genetic testing. Since the paternity judgment, I have received information that at the time of conception the mother had engaged in a sexual relationship with another man who was actually her fiance. Do I have the right to reopen and challenge the paternity declaration against me if a post declaration genetic test shows that I am not the biological father?

Answer:

A person may request a paternity test under ARS 25-816.  This statute allows the court to order the mother, suspected father and child(ren) to submit to a mandatory paternity test.  Information about how a person can ask for this order can be found on most Superior Court Self Service Centers under "establishing paternity".

For Maricopa County Superior Court click here.

For Pima County Superior Court click here.

For Coconino County Superior Court click here.

QUESTIONS

  • I am a resident of Maricopa County in the state of Arizona. I am the legal father of a child by default and not the biological father. There was never a blood test performed by the court to establish paternity. This is an out-of-wedlock child who is now 12 years old and I was never married to the child's mother. I have been paying child support for this child for 12 years. I want to file a motion to disprove paternity and request that the judge order a DNA test since the mother will not cooperate with genetic testing. Since the paternity judgment, I have received information that at the time of conception the mother had engaged in a sexual relationship with another man who was actually her fiance. Do I have the right to reopen and challenge the paternity declaration against me if a post declaration genetic test shows that I am not the biological father?

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OTHER LEGAL RESOURCES

  • State Bar of Arizona
    www.azbar.org
  • Maricopa County Bar
    www.maricopabar.org
    Referral number 602-257-4434
  • Pima County Bar
    www.pimacountybar.org
    Referral number 520-623-4625
  • National Domestic Violence Hotline
    800-799-7233
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    866-553-0893
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