Paternity is an extremely important factor when evaluating child support obligations in Arizona. More often than not, paternity is already known at the time child support is addressed in a family law proceeding. However, there are situations where Arizona families are not quite sure who the father of a child is, or perhaps a man is denying that he is the biological father of the child in question. Finding who the true, biological father is can be a tough task, but it may be essential when a child is in need of financial support that the mother simply cannot provide.
Many people frown upon the issue of paternity because they believe it may not be fair to force a biological parent to pay child support when that parent was either unaware that he had a child or that the father knew about the child, but never met the child and/or never played a role in the child’s life. But, the bottom line is that Arizona courts will always make decisions that will further the best interests of the child or children involved, and this may require that a biological parent make child support payments despite his absence in the child’s life.
Establishing Paternity in Arizona
A biological father can acknowledge that he is the father of a child, and/or that the parents have agreed the father is the biological parent of the child. This admission alone is sufficient to establish paternity, and no genetic testing will be required to prove paternity. The biological father may be obligated to pay child support if a court finds that such payments are essential for the child’s health and well-being.
Further, if a man does not acknowledge that he is the biological father of the child in question, then he may be a presumed father if any of the following are true.
·
The
man was previously married to the mother of the child when the child was
conceived (although if they are separated at the time of conception this could
raise potential issues);
·
The
man married the mother of the child after the birth of the child, agreeing to
have his name identified on the child’s birth certificate and/or to provide
financial support for the child; or
· The man welcomed the child into his home and held himself out to be the child’s father.
A presumed father may be obligated to
pay child support in the same way an acknowledged biological father may be
obligated to pay child support.
Paternity issues become extremely complicated when a presumed or alleged
father is not coming forward. As such,
paternity actions can provide a means for mothers to seek the necessary child
support payments to care for the child or children. In a paternity action, genetic testing may be
conducted to affirmatively prove whether or not the man in question is the
biological father of the child. The
outcome of the paternity test will either tell a court that the alleged father
must make child support payments, or that the alleged father is not the
biological father, and therefore may not have an obligation to make child
support payments. Contact a Phoenix
divorce lawyer at Ariano & Reppucci for more information.
