Establishing Paternity In Arizona

Summary

In Arizona, establishing paternity can be done voluntarily or through court orders. If the mother is uncooperative, you must file a Petition to Establish Paternity with the court. This involves completing the petition, submitting it, and attending a court hearing where a DNA test may be ordered. The petition includes jurisdiction options, such as residency or actions connecting the person to Arizona. Serving papers can be done personally, through a process server, or by the sheriff. Filing fees are generally around $250, but fee waivers may be available. Consider consulting legal aid for guidance on completing forms and understanding the process.

Full Conversation

Chris
Hi Chris, nice to meet you! Could you please provide me with some details regarding your legal issue or concern?
I'm the alleged father attempting to establish paternity in Arizona.
In Arizona, establishing paternity can be done voluntarily or through court orders.
- Voluntary Paternity: Both parents sign an Acknowledgment of Paternity form.
- Court-Ordered Paternity: Either parent can file a petition to establish paternity in court. The court may order genetic testing.
Is the mother agreeing to establish paternity voluntarily?
The mother has cut me off and I'm struggling to get in contact with the free lawyer services. I'm very confused on what I need to fill-out and file for the DNA test first.
If the mother is not cooperating, you will need to pursue court-ordered paternity. Here are the steps you can follow:
- File a "Petition to Establish Paternity" with the court.
- After filing, the court will likely order a DNA test to determine paternity.
Would you like more details on how to file the petition?
I don't understand how to fill it out completely. And I can't get a definitive answer. Do I fill everything out in the packet before the DNA test?
To establish paternity in Arizona when the mother is uncooperative, you need to file the "Petition to Establish Paternity" with the court. Here are the steps:
- Complete the "Petition to Establish Paternity" packet.
- Submit the packet to the court.
- Attend a court hearing where the judge may order a DNA test.
Would you like specific guidance on filling out any part of the packet?
It's not that simple. The packet is unclear on what to file first.
It sounds like the process can be quite confusing. In Arizona, for court-ordered paternity, you should generally:
*. Complete the "Petition to Establish Paternity" form.
*. File the completed petition with the court.
*. Attend the court hearing where the judge may order DNA testing.
Would you like guidance on a specific section of the "Petition to Establish Paternity" form?
Do I fill-out the Preliminary Injunction, Parenting Plan, and Child Support information before the DNA test?
Chris, generally, you should focus on filling out the "Petition to Establish Paternity" first. The Preliminary Injunction, Parenting Plan, and Child Support sections can typically be addressed after paternity is established. If you're unsure, it may be helpful to consult with a legal aid service in Arizona.
Would you like information on any specific sections within the petition?
They came with the packet.
Chris, it sounds like you're dealing with a complex situation. Generally, for paternity cases in Arizona:
*. Complete the "Petition to Establish Paternity."
*. Submit it to the court.
*. Attend the court hearing for a DNA test order.
For the Preliminary Injunction, Parenting Plan, and Child Support forms, these usually follow after establishing paternity. Would you like more guidance on any specific section of the petition?
In the petition, there's a section called "*. Jurisdiction: Why I Am Filing This Court Case Against the Other Party in Arizona" with the options - • The person is a resident in Arizona. • I believe that I will personally serve the person in Arizona (see packet on service to know about this.) • The person agrees to have the case heard here and will file written papers in the court case. • The person lived with the minor child in this state at some time. • The person lived in this state and provided pre-birth expenses or support for the minor child. • The minor child lives in this state as a result of the acts or directions of the person. • The person had sexual intercourse in this state as a result of which the minor child may have been conceived. • The person signed an affidavit acknowledging paternity that is filed in this state. • The person did any other acts that substantially connect the person with this state (see a lawyer to help you determine this). - Can you explain to me the reasons I should select or not select each bullet point?
Chris, here’s a brief explanation of each bullet point to help you decide:
- Resident in Arizona: Select if the other party lives in Arizona.
- Personally serve in Arizona: Select if you can serve them in person in Arizona.
- Agrees to case in Arizona: Select if they agree to the case being heard there.
- Lived with child in Arizona: Select if they have lived with the child in Arizona before.
- Provided pre-birth expenses: Select if they covered any pre-birth expenses in Arizona.
- Child lives in Arizona due to their acts: Select if the child lives in Arizona because of their actions.
- Sexual intercourse in Arizona: Select if the child may have been conceived in Arizona.
- Signed paternity affidavit in Arizona: Select if they signed an affidavit acknowledging paternity in Arizona.
- Other substantial connections: Select if there are other substantial connections to Arizona.
Would you like more detailed guidance on any of these points?
Does "• I believe that I will personally serve the person in Arizona (see packet on service to know about this.)" mean I have to met up with them in-person to serve them? Should I select "• The person lived with the minor child in this state at some time." if they always lived in AZ together?
Chris,
- Yes, "I believe that I will personally serve the person in Arizona" means you expect to serve them in person in Arizona.
- If the person always lived with the minor child in Arizona, you should select "The person lived with the minor child in this state at some time."
Would you like help with any other sections of the form?
So I have to go to their house personally to serve them?
Chris, you don't necessarily have to serve them personally. You could hire a process server or request the sheriff's office to serve the documents. Arizona allows for alternative methods if personal service is challenging.
Would you like more information on how to hire a process server or use alternative service methods?
If the sheriff does it for me, do I still select "• I believe that I will personally serve the person in Arizona (see packet on service to know about this.)"
If the sheriff serves the papers for you, you should still select "I believe that I will personally serve the person in Arizona," as it includes any method of personal service done on your behalf.
Is there anything else you need help with regarding the process?
What does this mean "Child lives in Arizona due to their acts: Select if the child lives in Arizona because of their actions."?
Chris, "Child lives in Arizona due to their acts" means you should select this option if the child's residence in Arizona is directly due to the actions or decisions of the other party. This could include decisions like moving to Arizona or keeping the child in Arizona.
Would you like help with any other sections of the form?
So I should select this for them simply living here?
Chris, you should select the option that best describes the reason for filing the case in Arizona. If the person and child have consistently lived in Arizona, you can select "The person lived with the minor child in this state at some time."
Would you like more details on serving papers or any other part of the form?
I'm still on this: "Child lives in Arizona due to their acts: Select if the child lives in Arizona because of their actions." If the mother and the child live here, I should select this because it's the mother's choice to live here?
Chris, if the mother chose to move to or stay in Arizona with the child, you should select "Child lives in Arizona due to their acts." This indicates that the child's residence in Arizona is a result of the mother's decisions or actions.
Is there anything else you need help with?
"Provided pre-birth expenses" is this assumed that the mother did?
"Provided pre-birth expenses" typically refers to the person who covered expenses for the pregnancy before the child was born. This can include the mother or anyone else who contributed. If the mother covered these expenses, you should indicate that.
Would you like more information on how to prove pre-birth expenses or any other section of the form?
How much is the filing fee?
The filing fee for a "Petition to Establish Paternity" in Arizona is generally around $*, but it can vary by county. You can check with your local court for the exact amount.
Would you need help finding resources for fee waivers or any other part of the process?
Why does it cost so much?
Legal processes can be costly due to administrative fees, court operations, and the complexity of legal proceedings. The fee covers the court's handling and processing of your case.
Would you like information on how to apply for a fee waiver if you cannot afford the filing fee?