Paternity Tests: An Essential Element of Family Law

Being a parent is a difficult job. Unfortunately, it is sometimes made even more complicated by questions of paternity. Parents may discover that they don’t have rights over their child due to being unmarried, or they may be unable to secure child support when parentage is not established. These and other matters make it critical to understand the legal considerations for paternity tests in Arizona.

These tests serve a variety of purposes. In many cases, they’re utilized to secure rights that parents are legally entitled to. In other situations, such a test can provide evidence that someone isn’t the biological parent of a child. Regardless of the underlying purpose of testing, it’s clear that paternity tests are an important tool utilized within family law. This is why you should understand how Arizona handles them.

When Is a Paternity Test Necessary?

From watching daytime talk shows, one might assume that paternity tests are necessary whenever a child is born. This is far from the truth. In fact, there is sometimes a presumption of paternity. This means that the state will assume that a person is the parent of a child in certain circumstances. In fact, this presumption will exist even if there are suspicions that the child was fathered by someone else.

A presumption of paternity exists when a child:

  • Is born during a marriage
  • Is born within 300 days after the end of a marriage
  • Is born to parents who were in an attempted marriage later found to be invalid

In each of these cases, Arizona assumes that a child is the legal offspring of the involved parties. However, this doesn’t automatically grant certain rights. It merely grants the ability to seek these rights. If you are assumed to be the parent of a child but don’t believe you are, a paternity test will be necessary for your case. This will not immediately relieve you of parental obligations, but it’s a necessary step in the process.

Voluntary Acknowledgement of Paternity

When a child is born and there’s no presumption of paternity, one might assume that a test is necessary to establish parentage. This assumption is wrong. One of the primary legal considerations for paternity tests in Arizona is the fact that they’re unnecessary if the parents agree that they have a child together. When this occurs, they can sign a Voluntary Acknowledgment of Paternity.

This is a legal document signed by parents that creates a lawful parental relationship between the child and the signing parties. Unmarried parents often sign this form at the hospital immediately after birth. If this does not occur, the form can be completed and submitted to family court or the Arizona Department of Economic Security. Once this step is taken, the form has the same legal effect as a court order establishing paternity.

Court Ordered Paternity Testing

Unfortunately, establishing paternity is not always a simple process. If the parents are not married – or if either refuses to sign a paternity acknowledgment form – then paternity testing will be required. If one of the parents refuses to take a test, either parent or the state can request a court order for genetic testing. At this point, the father is mandated by law to cooperate.

Once the results of this test are received, the results are generally considered conclusive for determining paternity. At this point, both parents can start working towards securing their rights. This includes seeking custody, visitation rights, and child support. It’s best if the parents can agree on these issues, but if not, they’ll have to be decided in court.

Confidentiality and Privacy

When people consider the legal implications of paternity tests in Arizona, they sometimes overlook the aspect of confidentiality. Far too many people believe that having a court get involved will expose their private lives to public view. However, this should not be a concern if you’re hoping to determine paternity in our state.

That’s because paternity tests are typically confidential. Once complete, the results are only shared with the court and parties involved in the case. Information related to child support and custody orders may be public record, but the results of paternity tests generally are not. Unauthorized disclosure of these results can lead to legal consequences.

Challenging Paternity

Imagine that you’re married when a child is born to your spouse, or perhaps you fall into the other general categories where paternity is presumed. What if you later have doubts that you’re the biological parent of the child? Generally, a father has up to two years to challenge their presumptive paternity in court. Genetic testing can disestablish a legal parental relationship.

It’s also possible for fathers who sign a Voluntary Acknowledgement of Paternity to appeal their decision. There is a 60-day recission period after the form is signed where a father can cancel the document. If these 60 days have passed – or if you miss the two-year deadline to challenge presumptive paternity – it’s still possible to dissolve parental obligations.

However, the process becomes much more difficult.

Do You Need Legal Representation?

Many people question whether they need legal representation for paternity testing and related issues. This is especially true among parties who believe they can reach their own amicable solution. However, it’s typically still advisable to speak with an attorney when considering paternity testing in Arizona or signing a Voluntary Acknowledgement of Paternity.

The simple fact is that you should understand all your legal rights and obligations. There is no “undo button” with paternity testing, and presumptive parentage and voluntary acknowledgments are difficult to overturn. The repercussions of establishing paternity can have a major effect on the life of both parents.

An experienced family law attorney can help you understand the legal considerations for paternity tests in Arizona. At The Dodd Law Firm, PLC, our legal team is here to help. Contact us at 623-267-0026 to schedule your confidential consultation.