Determination Makes
the Difference
in Your Case
To establish paternity means to have a legal determination that one is the legal father of a child. Whereas the mother has parentage rights when the child is born, the unnamed father must establish paternity through a judicial determination, if the parties are not married, and if the mother refuses to acknowledge the father’s paternity by signing a form provided by the Department of Health and Human Services. Even when the mother has legally acknowledged paternity, this does not automatically confer parental rights on behalf of the father.
Many times it is necessary for the father to file a parentage action in order to exercise his parental rights, such as the right to make legal decisions for the child, and to have parenting time with the child.
Parentage determinations also come with obligations, including the obligation to pay child support, to contribute towards the child’s unreimbursed health care expenses, and other expenses relating to the upbringing and care of the child.
In Arizona, there is a presumption that it is in the child’s best interest to have a continuing and close relationship with both parents.
However, in some instances, it is not in the best interest of the child for the parent to have the right to legal decision-making and parenting time. But the other parent must have clear evidence as to why legal access to the child should be restricted.
In rare instances, it may be appropriate to terminate the parental relationship between a child and a parent. Sometimes this happens when a parent has abandoned the child, and a step-parent is willing to adopt the child.
These issues are complicated and require the assistance of an experienced family law attorney.
We service Cochise County and Santa Cruz County. Ms. Morse is also admitted to practice law in the States of Colorado and California.
If you are seeking legal representation or have questions about our services, contact Southern AZ Law today to set up your initial consultation. You can reach Ms. Morse at (520) 282-7044 or by contacting us online.
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