You Are Not the Father! How to Handle Paternity Allegations in Arizona

Paternity allegations can be a challenging experience for any man, especially when you’re not ready to be a father. In Arizona, when faced with the accusation of fathering a child that you don’t believe is yours, it’s crucial to approach the situation with clarity and a solid understanding of your legal rights and responsibilities.

Here are some key actions that you should consider:

1. Communicate Clearly: Clear and open communication is key in these situations. You should communicate with the mother of the child and express your intentions regarding determining paternity and starting a case to establish your rights if you’re the father. No matter how you approach the conversation about paternity, expect the mother of the child to be offended. So be sure to approach the conversation with respect and empathy, understanding that emotions can run high in such situations.

2. The Birth Certificate: If you are not married to the mother of the child, it may not be wise to sign the birth certificate prior to confirming paternity through testing. In Arizona, signing the birth certificate obligates a father to be financially responsible for a child. However, it does not automatically establish other rights upon the father, like making legal decisions and the right to spend time with the child. Additionally, once you sign the birth certificate you may not be able to get out of the financial obligation if it is later determined that you are not the child’s father. Don’t get caught up in someone else’s idea of “doing the right thing” before confirming paternity through testing.

 3. Paternity Testing: Paternity testing, done through a DNA test, is the most reliable way to determine biological parentage. Paternity tests for Arizona family law matters occur only after the mother has given birth to the child. If you believe that you’re not the father of the child in question, you can perform an at-home paternity test. Although the test results are not admissible in the Arizona court, the test is relatively inexpensive and will set you up for the next steps.

If you are determined not to be the father, you and the mother can decide what relationship, if any, you will have with the child.

If you are the father, you can begin your court case to legally establish paternity and your rights through the court system.

4. Reading Paternity Test Results: The best way to explain how to read a paternity test is to provide an example:

If John Johnson, alleged father, and Child Johnson are tested, the DNA paternity test results would usually be reported with one of statements below:

• “John Johnson is excluded as the biological father of Child Johnson.” This means that John Johnson cannot be the biological father of Child Johnson because they do not share a parent-child relationship.

• “John Johnson is not excluded as the biological father of Child Johnson.” This means that John Johnson is considered to be the father of Child Johnson because the testing shows that they share a parent-child relationship.

5. What if the Mother Refuses a Paternity Test? If the mother refuses access to the child to perform the home test, or if the home test determines that you are the father, consider filing paperwork with the court. Once you file papers to establish paternity and include a request for a paternity test, the Arizona court will order a paternity test as part of the legal process. Be sure to include a request that the court make the mother reimburse you if it is determined that you are not the father of the child.

6. What if You're the Father? If the home test determines that you are the father, you should consider filing papers to establish paternity, legal decision-making, parenting time and child support. Because you have the positive results of the home paternity test, there would be no reason to ask for a court-ordered test that can be fairly expensive. However, if the mother asks for a court-ordered paternity test for her peace of mind, be sure to ask that the court make the mother reimburse you if the court-ordered test results come back the same. You shouldn’t have to bear the cost for the test if you don’t dispute that you’re the father.

7. Consider Mediation: If you are the father, consider mediation to work with the mother to reach agreements about your rights for legal decision-making, a parenting time schedule, and child support. If there’s a pending family law case, agreements can be submitted to the court to be made into a court order.

8. Prepare for Potential Outcomes: Depending on the results of the paternity test and the legal proceedings, there may be various potential outcomes, including establishing paternity, disputing paternity, or negotiating child support and custody arrangements if paternity is confirmed.

9. What's the Urgency? Don’t wait to take care of business. It’s important to be proactive because if the child is yours, you want to have the opportunity to bond with your child as soon as possible. On the other hand, in Arizona, if you signed the birth certificate, have been holding yourself out to be the child’s father for many years, and the child only knows you as its father, you may lose your right to dispute that you are the father of the child.

10. Child Support: Act fast to learn what your financial obligation is, if any, as soon as possible. Why is this important? A custodial parent can request retroactive child support back for three (3) years. A.R.S. § 25-320 (C).

Let’s give an example: If you have a four-year-old child, didn’t start a court case right after the child was born and you haven’t provided any financial support for the child, the court can make you pay retroactive child support for the past three years. It can be a financial burden to suddenly be hit with a judgment for three years’ worth of child support in addition to any current child support payments you have to make.

In wrapping up this topic, we agree that being accused of fathering a child that you don’t believe is yours can be highly stressful. By taking proactive steps and approaching the situation with clarity, you can work through your situation with a focus on protecting your rights and managing your responsibilities while also prioritizing the well-being of your child.

No matter where you’re starting, an attorney at Legal Resolutions can provide personalized advice based on your specific circumstances and guide you through the legal process. Working closely with a qualified attorney can ensure that your rights are protected throughout the process. AZLegalResolutions.com/booking

Disclaimer: The general information provided in this blog is general and information purposes only. Information in this blog should not be construed as legal advice.