Paternity

questions & answers

Question: I just got out of prison and found out i might have a son can i still establish paternity even though he was born in a marriage? and do i have rights cause they are getting divorced

Answer: Generally the husband is presumed to be the father of the child of whom his wife gave birth. However, it is possible to establish paternity if a man is not married to the mother of the child. Paternity can also be established by genetic testing, a birth certificate signed by the mother and father of a child born out of wedlock, or a notarized or witnessed statement signed by both the parents acknowledging paternity. If another man is presumed to be the child’s father because the man was married to the mother at the time of birth or ten months before the child was born, the written consent of the presumed father is needed unless the presumption is disproven by other evidence, such as genetic testing. (A.R.S. 25-814) To establish paternity an Acknowledgement of Paternity needs to be filed with the court or an administrative agency to establish legal parentage. (https://www.azdes.gov/main.aspx?menu=24&id=3777) (http://www.superiorcourt.maricopa.gov/SuperiorCourt/Self-ServiceCenter/Forms/FamilyCourt/fc_drvpm1.asp)

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QUESTIONS

  • I just got out of prison and found out i might have a son can i still establish paternity even though he was born in a marriage? and do i have rights cause they are getting divorced

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