Paternity

questions & answers

Question: I have signed the birth certificate and acknowledgement of paternity. Now i did a at home DNA test and find out the kids is not mine and i am paying child support. the kid is 2 years old how can i remove my name from the birth certificate? The mom is not collaborating.

Answer: Because you have established yourself as the legal father of the child, you are responsible for "the kid" until a court says otherwise.  You do have the right under Arizona Revised Statutes, Section 25-812 to challenge your voluntary acknowledgement of paternity only if you can prove fraud, duress, or material mistake of fact.  Material mistake of fact would include a situation where the mother told you that you were the father and you had good reason to believe her.  This is a difficult issue and you would be smart to talk to a lawyer.  There are three programs in Arizona that you can use to get inexpensive legal advice and guidance.  One is the modest means program.  You will need to apply for the program and meet the financial qualifications.  Once you are qualified, Modest Means will send you a list of attorneys whose practice covers your area of concern.  You select a lawyer from the list and will be entitled to a one hour consultation for $75.  If you need additional help and if the lawyer agrees to take your case, the most you will be charged is $75 per hours.  the telephone number is (866) 637-5341.  Both Maricopa County and Pima County have lawyer referral programs that offer a 30 minute consult with an attorney.  Maricopa County's Lawyer Referral Service offers a 30 minute consult with an experienced attorney for $40.  The telephone number is  (602) 257-4434.  Pima County's Lawyer Referral Service offers a 30 minute attorney consult for $35.  The telephone number is (520) 623-4625.  Spending a little money on a lawyer today could save you a lot over the next 16 years.

QUESTIONS

  • I have signed the birth certificate and acknowledgement of paternity. Now i did a at home DNA test and find out the kids is not mine and i am paying child support. the kid is 2 years old how can i remove my name from the birth certificate? The mom is not collaborating.

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  • State Bar of Arizona
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    www.maricopabar.org
    Referral number 602-257-4434
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    Referral number 520-623-4625
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