When unmarried parents separate, or never lived together in the first place, the law treats their situation a little differently than a divorce. The key step is establishing paternity. Until that happens, a father may have very limited legal standing when it comes to his child. Here's what both parents should understand.
What Is Paternity, and Why Does It Matter?
Paternity is the legal recognition of who a child's father is. When parents are married, the law generally presumes the husband is the father. When parents aren't married, that presumption usually doesn't exist on its own.
Without legal paternity, a father typically can't ask the court for legal decision-making (what most people call custody) or parenting time. And a mother can't get a child support order against a father who hasn't been legally established as the parent. Establishing paternity is what opens the door to all of it. It also matters for the child. Legal paternity can affect inheritance, access to health insurance, and Social Security benefits.
How Is Paternity Established in Arizona?
There are a few ways, and they don't all involve going to court.
Voluntary acknowledgment. Both parents can sign an Acknowledgment of Paternity under A.R.S. § 25-812, often at the hospital when the child is born. Once it's filed, it has the same effect as a court order. Either parent can rescind it within 60 days. After that, it can only be challenged in limited situations, such as fraud, duress, or a material mistake of fact.
Legal presumptions. Under A.R.S. § 25-814, a man is presumed to be the father in certain situations, including when genetic testing shows a very high probability of paternity, or when both parents signed the birth certificate or an acknowledgment.
A court case. If the parents don't agree, either one can file a paternity action. The court can order genetic testing, which is usually a simple cheek swab. Once paternity is confirmed, the court can move on to the issues that matter most day-to-day.
What Happens After Paternity Is Established?
Once paternity is established, the case looks a lot like a divorce involving children, without the property division. The court addresses:
Legal decision-making, meaning who makes major decisions about education, health care, and religion
Parenting time, meaning the schedule each parent has with the child
Child support, calculated under the Arizona Child Support Guidelines
The court decides legal decision-making and parenting time based on the child's best interests under A.R.S. § 25-403. There is no preference for mothers or fathers. Both parents start on equal footing.
Can Child Support Be Ordered for the Past?
In a paternity case, the court can order support going back to the date the case was filed, and in some situations, up to three years before filing. This is one reason it's a good idea to address paternity sooner rather than later, whichever parent you are.
Taking the First Step
Paternity cases can feel personal and emotional, especially when the relationship between the parents is strained. My approach is to focus on what's best for your child and to move through the process one step at a time, with realistic expectations along the way.
