Best Interests Test Applies to Paternity Testing in Arizona

Sat 3rd Dec, 2016 Arizona Paternity Laws

Paternity testing allows a court to determine the identity of a child’s biological father. Generally, courts order paternity testing when a child is born out of wedlock. A mother often seeks paternity testing to force the father to provide financial support for the child. However, a person who is alleged to be the father of a child may ask for paternity testing to obtain visitation or custody rights.

Can a court order paternity test to determine the biological father of a child born to a married woman? The Arizona Court of Appeals considered this issue in Ban v. Quigley, 812 P.2d 1014 (1991).

Facts and Background

Mr. Fraulenfeld lived with Mrs. Ban during a period when she and her husband, Mr. Ban, were separated. Mr. Fraulenfeld claims that they became lovers in February of 1985.

Mrs. Ban had a child in November of 1985. At that point, she and Mr. Ban reconciled. Mr. Ban claimed to be the child’s father and the couple began raising the child together.

Mr. Fraulenfeld asked the court to order paternity testing to determine whether he or Mr. Ban was the child’s biological father. The trial court agreed and ordered paternity testing. Mr. and Mrs. Ban appealed.

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Paternity Hearings

Mrs. Ban and Mr. Ban argue that a putative father cannot bring a paternity action unless the child is born out of wedlock. The law provides:

“The paternity proceeding may also be commenced by the filing of a verified complaint by the mother or father, with the mother or father as plaintiff, or by the guardian or best friend of a child or children born out of wedlock”.

Mrs. Ban and Mr. Ban argue that the phrase “born out of wedlock” modifies all the parties listed. They claim that it does not just modify the clause, “guardian or best friend of a child or children”.

The Court of Appeals rejected this interpretation of the statute. Under this construction, the mere fact that a mother is married when she gives birth precludes a putative father’s claims. The Court ruled that the legislature did not intend such a result. It said the word “father” in the statute included any putative father, not just the mother’s husband.

Best Interests of the Child

Best Interests Test Applies to Paternity Testing for a Child Born During Marriage in Arizona.

Arizona’s public policy is to preserve the family unit when a woman and her husband claim to be a child’s parents. Because of this, the Court ruled, a court must consider the best interests of the child before ordering paternity testing. A putative father can seek blood tests to rebut the husband’s paternity only after it is first determined to be in the best interests of the child to do so.

To reach this conclusion, the Court of Appeals relied on several out-of-state cases, including the case of McDaniels v. Carlson, 738 P.2d 254 (1987), where the Washington Supreme Court interpreted the Uniform Parentage Act.

In that case, the court discussed the requirements for a paternity hearing brought by a man outside the family. It held that the court must first consider the impact of such a case on the child, which requires a consideration of the child’s best interests. The child must be a party and have a guardian ad litem appointed to look out for his interests in such circumstances.

In some circumstances, a child’s interests may be better served by maintaining a stable existing family relationship. In others, his interests may be better served by learning his true identity. The court must balance the interests of all parties involved. It must also keep in mind that the child’s interests are paramount.

Although Arizona has not adopted the UPA, the Court of Appeals found this reasoning persuasive. It said that requiring a specific finding of the child’s best interests does not violate a putative father’s constitutional rights.

In fact, a man who fathers a child with a married woman does not have Constitutional rights to a relationship with his child, pursuant to the United States Supreme Court decision in the case of Michael H. v. Gerald D., 491 U.S. 110 (1989).

Disposition

The Court of Appeals ruled that the trial court abused its discretion in failing to determine the child’s best interest before ordering paternity testing. It vacated the lower court order and remanded for the best interest hearing.

If you have questions about whether best interests applies to paternity testing in an Arizona divorce case, you should seriously consider contacting the attorneys at Hildebrand Law, PC. Our Arizona paternity and family law attorneys have decades of combined experience successfully representing clients in paternity and family law cases.

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Frequently Asked Questions About When the Best Interest Standard is Applied to Paternity Testing in Arizona

Can a court order a paternity test if a child is born during marriage?

Yes, a court may order paternity testing for a child born during a marriage, but in Arizona the court must first consider whether the testing is in the child’s best interests. Because Arizona law generally seeks to protect an existing parent-child relationship and family stability, a judge may deny testing if it would harm the child’s well-being.

Is a husband automatically presumed to be the father of a child born during marriage in Arizona?

Yes. Arizona recognizes a presumption that a married woman’s husband is the legal father of a child born during the marriage. A person claiming to be the biological father will need to overcome this presumption by establishing it is in the child’s best interests to do so before the court will allow genetic testing.

What is the best interests of the child test in a paternity case?

The best interests of the child test requires a court to consider whether determining biological paternity through genetic testing would benefit or harm the child. Courts may weigh factors such as the child’s existing relationship with a presumed father, family stability, and the potential impact of changing the child’s legal parentage.

Can a biological father request a DNA test if the mother is married to another man?

A biological father may request paternity testing, but the court does not automatically have to order the test. In Arizona, the court must first determine whether allowing the testing serves the child’s best interests before disrupting the existing legal parent-child relationship.

What happens if another man claims he is the father of a child born during a marriage?

If another man claims to be the biological father of a child born during a marriage, the court may hold a hearing to determine whether genetic testing should occur. The court must balance the alleged father’s request with the child’s need for stability and consider the child’s best interests.

Can a paternity test be denied if a child already has a legal father?

Yes. A court may deny paternity testing when testing could disrupt an established parent-child relationship or otherwise conflict with the child’s best interests. The child’s welfare is a primary consideration in these cases.

Does a child have a right to know their biological father?

A child’s biological identity can be an important consideration, but courts may also consider the child’s existing emotional and legal relationships. In Arizona paternity disputes involving a married couple, the court must balance biological interests with the child’s overall best interests.

Why does Arizona consider the child’s best interests before ordering paternity testing?

Arizona applies the best interests standard because a paternity test can affect an established family relationship. Courts recognize that maintaining stability for a child may sometimes be more important than determining biological parentage alone.

What case established the best interests test for paternity testing in Arizona?

The Arizona Court of Appeals addressed this issue in Ban v. Quigley, ruling that courts must consider the child’s best interests before ordering paternity testing when a child is born during a marriage.

Can a man who believes he is the biological father challenge a husband’s paternity?

A man who believes he is the biological father may be able to challenge the husband’s legal paternity, but Arizona courts require consideration of the child’s best interests before allowing genetic testing that could affect an existing family relationship.

Is DNA testing automatic in Arizona paternity disputes?

No. DNA testing is not automatically granted in every Arizona paternity dispute. When a child is born during a marriage, the court must first decide whether testing is in the child’s best interests.

What factors does a court consider before ordering a paternity test?

A court may consider factors such as the child’s existing relationship with the presumed father, family stability, the potential effects of changing parentage, and whether discovering biological parentage would benefit the child.

Does a biological father automatically get custody or child visitation rights after a DNA test?

No. Establishing biological paternity does not automatically guarantee custody or parenting rights. Courts consider legal parentage and the child’s best interests when deciding custody-related issues.

Can a father lose parental rights if DNA testing shows he is not the biological father?

Potentially, but the outcome depends on legal circumstances, including whether the man is already considered the child’s legal father and what action is before the court. Courts focus on legal parentage and the child’s best interests.

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