Paternity Testing Denied When a Voluntary Acknowledgment of Paternity is Signed in Arizona
The following is a brief outline of the proceedings of a paternity case. In paternity cases, there are many factors to be considered, including the identity of the father listed on the birth certificate, the relationship of the mother to the father, the name given to the child, the living arrangements of those involved, financial support of the child, etc. In this instance, a Voluntary Acknowledgement of Paternity was executed by both parties in the case.
Choate v. Cochran: A Brief Summary of the Case
A baby girl was born to Ms. Cochran (Mother) in February 2012. Mr. Choate (Father) was present at the time of birth. He is listed as the father on the daughter’s birth certificate, and the daughter was given his last name.
He was advised by Mother that he was the Father of the child. Mother and Father never married, but were in a relationship for approximately one year prior to the birth and lived together as a family with the daughter afterward with Father providing financial support for the family.
During this time period, Father and Mother executed a Voluntary Acknowledgement of Paternity. A couple months after moving out with daughter and beginning a relationship with an old boyfriend, Mother began refusing to allow Father visiting time. Choate sought sole legal decision-making through a Petition for Legal Decision Making, Parenting Time and Child Support.
He also requested in the petition that Mother is drug tested and that her new boyfriend not have access to the daughter. He also filed for Temporary Orders to the same effect. At the hearing for Temporary Orders, Mother claimed that Choate was not the daughter’s biological father.
The court ordered paternity testing and when the test excluded Choate as the biological father, they dismissed his motion. Upon Father’s request for the court to reconsider, the court cited A.R.S. Section 25-812(E), “…identifying the wrong potential father on the acknowledgment is a material mistake of fact” concluding that Mother had the right to untimely withdrawal of her prior acknowledgment of paternity. Father appealed.
Dismissal of Voluntarily Acknowledged Paternity Rights As a Result of Court Ordered Paternity Test
Choate presented three arguments on appeal. First, the trial court erred in ordering a paternity test and then disestablishing his paternity given that his name was listed as the father on the birth certificate and a Voluntary Acknowledgement of Paternity was executed by both parents. The disestablishing of paternity should have been preceded by evidentiary or best interests hearing.
Second, Mother was not entitled to the untimely withdrawal of her Acknowledgement of Paternity on the basis of a mistake of fact as to who the biological father was.
Third, Choate asserts that the court is contradicting previous standards set in the case of In re Marriage of Worceste and is in error in dismissing his paternity case. The Court of Appeals of Arizona agreed with the arguments presented on appeal. According to A.R.S. Section 25-812(D), a Voluntary Acknowledgement of Paternity “is a determination of paternity and has the same force and effect as a superior court judgment.”
The trial court should not have conducted a court-ordered paternity test of the presumed father without first conducting a best interests hearing, pursuant to the law set forth in the case of Ban v. Quigley. Mother intentionally misrepresented the facts to Father under oath (through the execution of the Voluntary Acknowledgement of Paternity) and is, therefore, not entitled to relief under Rule 60(C), which provides relief when mistakes or errors occur in judgment despite a person’s good faith efforts to comply with the rules.
As stated in the Worcester case, Mother is simply not in a position to claim extraordinary circumstances of hardship or injustice, having brought the circumstances upon herself.” Even if other items did not call for reconsideration on appeal, the court would look to the summary manner in which Choate’s parental rights were severed.
The untimely change of Choate’s legal status was driven by Mother in connection to visitation refusal when, in fact, the severing of parental rights is governed by law. This situation does not meet any of the qualifications to terminate parental rights.
Worcester again makes it clear that establishing the fact of another man’s paternity is insufficient in and of itself to disestablish paternity. More than the best interests finding would be required in order to terminate
Choate’s parental rights. Methods and reasons for justifying the termination of parental rights are outlined in Arizona Statute Section 8-533. None of the reasons justifying such action are alleged in this case.
In Conclusion: The Arizona Court of Appeals Reversed the Trial Court
For the above-stated reasons, the Arizona Court of Appeals reversed the trial court’s dismissal of Choate’s Petition for Paternity. On remand, the trial court should proceed with the legal decision-making, parenting time and child support determinations.
More Articles About Paternity in Arizona
- Arizona Paternity Statutes
- DNA Testing to Establish Paternity in Arizona
- Easy Way to Establish Paternity in Arizona
- Establish Paternity Through State of Arizona
- Father’s Name on Birth Certificate in Arizona
- How Can I Establish Paternity in Arizona
- Voluntary Establishment of Paternity in Arizona
- What is Paternity in Arizona
- Where do I Establish Paternity in Arizona
- Why Should I Establish Paternity in Arizona
- Establishing Paternity in Arizona and Why it Matters
- How to Establish Paternity in Arizona
- Dismissing a Paternity Action in Arizona
- Good Cause in a Paternity Action in Arizona
- Last Name of Unmarried Couples Child in Arizona
- Time Limit to Establish Paternity in Arizona
- Changing a Child’s Last Name in Arizona
- Time to Challenge an Arizona Acknowledgment of Paternity
- Timing to Challenge Paternity in Arizona
- Challenge Paternity Born to a Married Woman in Arizona
- Fraudulent Acknowledgement of Paternity in Arizona
- Paternity Action Filed by a Child in Arizona
- Paternity Testing After an Affidavit of Acknowledgment in Arizona
- Best Interests Test Applies to Paternity Testing in Arizona
- Personal Jurisdiction if Conception Occurred in Arizona
- Overturning Arizona Voluntary Acknowledgement of Paternity
- Proof to Challenge Paternity of a Child in Arizona
- Administrative Judge May Decide Paternity in Arizona
- Uniform Declaratory Judgments Act and Arizona Paternity
- Father’s Name on Birth Certificate in Arizona
- Contesting Paternity After a Divorce in Arizona
- Adoption and Putative Father Registry in Arizona
- Fraudulent Acknowledgment of Paternity in Arizona
- Contesting Paternity Testing in Arizona
Chris Hildebrand wrote this article to ensure everyone has access to information about family law in Arizona. Chris is a divorce and 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 divorce should all be guided by the principles of honesty, integrity, and, quite frankly, actually caring about what his clients are going through in a divorce or family law case. In short, his practice is defined by the success of his clients. He also manages all of the other attorneys at his firm to make sure the outcomes in their clients’ cases are successful as well.
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