FREE CONSULTATION NOW! • HURRY LIMITED SLOTS!  •  FREE CONSULTATION NOW! • HURRY LIMITED SLOTS!  •  FREE CONSULTATION NOW! • HURRY LIMITED SLOTS!  •  FREE CONSULTATION NOW! • HURRY LIMITED SLOTS!  •  FREE CONSULTATION NOW! • HURRY LIMITED SLOTS!  •  FREE CONSULTATION NOW! • HURRY LIMITED SLOTS!  •  FREE CONSULTATION NOW! • HURRY LIMITED SLOTS!  •
Call Us:
divorce lawyer free consultation near me
moshierlaw payment

What is Voluntary Acknowledgment of Paternity in Arizona?

Categories

Recent Posts

Google review 4.8 over 5 from customers
5 start rating from Avvo
Call Us Today!

A paternity acknowledgement, also called a voluntary paternity acknowledgment, is a paper to show who the father is when a child is born to unmarried parents. It’s necessary to do this to make sure the father is legally recognized. After a baby is born, the mom and dad might fill out this paper with a witness or notary. When they do this, the father’s name gets put on the baby’s birth certificate.

However, you should know that the determination of paternity is not a custody order, rather it provides a starting point for determining issues related to:

  • Legal decision making
  • Parenting time
  • Child Support

Acknowledgments of paternity are mostly used to confirm the name of a child’s father.  They can be used to prove the father is required to pay child support.  But custody orders solidify a father’s legal rights pertaining to parenting time and legal decision making. Signing the Acknowledgement doesn’t automatically grant visitation or custody rights to the father but could be used to ask the Court for them.

Should We Sign a Voluntary Acknowledgement of Paternity?

You should only sign an acknowledgment if you’re the natural mother and father of the child. Should I Sign an Acknowledgment of Paternity if I am Not the Natural Father? That may be a legal advice question, but generally speaking, if you are not the biological father, then signing an Acknowledgment of Paternity could set you up for legal problems down the road. Signing this document establishes a legal obligation to support your child pursuant to A.R.S. § 25-501.

Why Should We Complete a Voluntary Acknowledgement of Paternity?

There are many benefits of completing a voluntary acknowledgment of paternity. Completing this document could make it easier for your child(ren), from an estate planning standpoint, to benefit from:

  • Assets
  • Inheritance
  • Veterans benefits
  • Social Security
  • Life & health insurance
  • Other government programs

What if the Father Won’t Sign an Acknowledgment of Paternity?

If the individual believed to be the child’s father will not sign a voluntary acknowledgment of paternity or take a voluntary DNA test, there are ways to compel the person to take a DNA test.  The court might order DNA testing to establish paternity. Establishing paternity does not have to be voluntary.

Can We Withdrawal A Voluntary Acknowledgment of Paternity?

Either parent can cancel the Acknowledgment of Paternity within 60 days from the last notarized or witnessed signature. To do this, you need to fill out an Affidavit of Paternity and send it to the Hospital Paternity Program as per A.R.S § 25-812.

In Arizona, legal decisions have declared fathers as legal fathers, compelling them to pay child support for many years, even when there was no biological connection to the child. We have submitted petitions in the past to overturn such rulings, and certain parents have effectively regained their parental rights through this process.

Sources

  1. “Acknowledgement of Paternity Form.” ARIZONA DEPARTMENT OF HEALTH SERVICES, azdhs.gov/documents/vital-records/manuals/acknowledgment-paternity-form.pdf.
  2. “Voluntary Acknowledgment of Paternity; Action to Overcome Paternity.” Arizona State Legislature, www.azleg.gov/ars/25/00812.htm.
  3. “25-501 – Duties of Support; Exemption.” Arizona State Legislature, www.azleg.gov/ars/25/00501.htm.
  4. “What Is An Acknowledgment Of Paternity In Arizona?” Arizona Legal Center, 30 July 2018, arizonalegalcenter.org/what-is-acknowledgment-of-paternity-arizona/.
  5. “Establish Paternity.” Establish Paternity | Arizona Department of Economic Security, des.az.gov/services/child-and-family/child-support/apply-for-child-support/establish-paternity.

Can a Lawyer Help with Establishing Paternity?

If you have questions about child support, child custody, or paternity—issues that can be complex to navigate alone—you should consult a lawyer. Hiring a family law attorney at Moshier Law can help you understand your legal options better and can assist if you face challenges in establishing paternity or want to contest a paternity claim.

Print Friendly, PDF & Email

Related Post