Paternity When Another Person Is On the Birth Certificate in Arizona
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Contesting Paternity When Another Father’s Name is on the Birth Certificate
Some people ask can you establish paternity when another person is on the birth certificate in Arizona. Well, the Arizona Court of Appeals decided that issue in the case of Castillo v. Lazo.
In its published decision in Castillo v. Lazo, 241 Ariz. 295, 386 P.3d 839 (App. 2016), the Court of Appeals examined whether a birth certificate is equivalent to a voluntary acknowledgment of paternity and whether a putative father may file a paternity action when the child is born in wedlock.
Arizona divorce and family law attorney Carlos Noel at Hildebrand Law, PC wrote the information on this page to help Arizona parents gain a better understanding of paternity laws in Arizona.
You can schedule your personalized consultation with attorney Carlos Noel by calling us at (480)305-8300 today!
Birth Certificate is Not a Voluntary Acknowledgment of Paternity
Putative Father and Mother had a sexual relationship between September 2012 and April 2013 while Mother’s husband was working overseas. In July 2013, Mother gave birth to a son and her husband was listed on the birth certificate. In December 2015, Putative Father filed a paternity action seeking parenting time and joint legal decision-making.
Mother filed a motion to dismiss on the basis that her husband’s name already appeared on the child’s birth certificate and Putative Father’s action was untimely. The court granted Mother’s motion to dismiss and Putative Father appealed.
On appeal, Putative Father argued that the time limitations in A.R.S. § 25-812(E) did not apply since Mother’s husband had not signed a voluntary acknowledgment of paternity. The Court of Appeals agreed. First, it found that A.R.S. § 25-812(E) only applies to children born out of wedlock.
Additionally, it held that the current version of the statute prohibited the filing of a birth certificate signed by the parents of a child born out of wedlock as a means of establishing paternity. Therefore, a birth certificate was not equivalent to a voluntary acknowledgment of paternity under the statute and Putative Father’s petition was timely.
Mother also argued that A.R.S. § 25-806(A) only allows paternity proceedings to be commenced by filing a petition that alleges that a woman delivered a child born out of wedlock. While the Court acknowledged the deficiency in the statute, it found that A.R.S. § 25-803 places no limitation on a “father” commencing a paternity proceeding.
Further, it held, that A.R.S. § 25-814(A)(1) creates a presumption of paternity by marriage, but A.R.S. § 25-814(C) allows the presumption to be rebutted. If the legislature intended to limit paternity actions to children born out of wedlock, it would not have made the marriage presumption rebuttable. The Court remanded the case to allow the adjudication of Putative Father’s petition.
If you have questions about paternity when another person is on the birth certificate in Arizona, you should seriously consider contacting the attorneys at Hildebrand Law, PC. Our Arizona paternity and family law attorneys have over 100 years of combined experience successfully representing clients in paternity and family law cases.
Our family law firm has earned numerous awards such as US News and World Reports Best Arizona Family Law Firm, US News and World Report Best Divorce Attorneys, “Best of the Valley” by Arizona Foothills readers, and “Best Arizona Divorce Law Firms” by North Scottsdale Magazine.
Call us today at (480)305-8300 or reach out to us through our appointment scheduling form to schedule your personalized consultation and turn your paternity or family law case around today.
More Articles About Paternity in Arizona
- What is paternity in Arizona?
- Why should I establish paternity in Arizona?
- Where do I establish paternity in Arizona?
- How can I establish paternity in Arizona?
- How to get DNA testing to establish paternity in Arizona?
- How to get a voluntary establishment of paternity in Arizona?
- How long do you have to challenge a voluntary acknowledgment of paternity?
- How to establish paternity through the Arizona Department of Health Services?
- Is there an easy way to establish paternity in Arizona?
- Can an Arizona county attorney file a paternity complaint?
- Can a spouse contest paternity through DNA testing of a child born during a marriage?
- Is there a time limit to establishing paternity in Arizona?
- Can a father change a child’s last name in a paternity case in Arizona?
- What happens if the father’s name is not on the birth certificate?
- Does intentionally using a fraudulent acknowledgment of paternity constitute a fraud on the court?
- Is paternity testing denied when a voluntary acknowledgment of paternity is signed?
- Is a paternity action filed by a child subject to the doctrines of res judicata and privity in Arizona?
- Can I request paternity testing after an affidavit of acknowledgment of paternity has been signed?
- Does the best interests test apply to paternity testing for a child born during the marriage?
- Do Arizona courts have personal jurisdiction in a paternity case if conception occurred in Arizona?
- How can I challenge a voluntary acknowledgment of paternity in Arizona?
- What is the standard of proof to challenge the paternity of a child in Arizona?
- Is the Superior Court the only court that can decide issues of paternity in Arizona?
- What is the Uniform Declaratory Judgments Act in Arizona paternity cases?
- What should I know about putting a father’s name on my child’s birth certificate?
- Do Arizona courts have personal jurisdiction over a nonresident in an Arizona child support case?
- Can I contest paternity after a divorce in Arizona?
- What is the putative father registry?
- What is good cause in a paternity action?
Chris Hildebrand posted this page written by Arizona attorney Carlos Noel about paternity when another person is on the birth certificate in Arizona to ensure everyone has access to information about paternity laws in Arizona. Chris is a family law attorney at Hildebrand Law, PC.
He has over 24 years of Arizona family law experience and has received multiple awards, including US News and World Report “Top Arizona Divorce Attorneys”, Phoenix Magazine “Top Divorce Law Firms”, and Arizona Foothills Magazine “Best of the Valley” award.
He believes the policies and procedures he uses to get his clients through a paternity case should all be guided by the principles of honesty, integrity, and actually caring about what his clients are going through.