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Question: My girlfriend was married, but had not seen her husband for over two years when we had a child. I am on the birth certificate and acknowledgement of paternity. Would her now ex husband still be presummed the father?
A.R.S. § 25-814 sets forth a number of conditions under which a man is presumed to be the father of a child. The statute says the following conditions (located under subsection A of the statute) create that presumption:
- He and the mother of the child were married at any time in the ten months immediately preceding the birth or the child is born within ten months after the marriage is terminated by death, annulment, declaration of invalidity or dissolution of marriage or after the court enters a decree of legal separation.
- Genetic testing affirms at least a ninety-five per cent probability of paternity.
- A birth certificate is signed by the mother and father of a child born out of wedlock.
- A notarized or witnessed statement is signed by both parents acknowledging paternity or separate substantially similar notarized or witnessed statements are signed by both parents acknowledging paternity.
The statute also says:
B. If another man is presumed to be the child's father under subsection A, paragraph 1, an acknowledgment of paternity may be effected only with the written consent of the presumed father or after the presumption is rebutted. If the presumed father has died or cannot reasonably be located, paternity may be established without written consent.
C. Any presumption under this section shall be rebutted by clear and convincing evidence. If two or more presumptions apply, the presumption that the court determines, on the facts, is based on weightier considerations of policy and logic will control. A court decree establishing paternity of the child by another man rebuts the presumption.
My girlfriend was married, but had not seen her husband for over two years when we had a child. I am on the birth certificate and acknowledgement of paternity. Would her now ex husband still be presummed the father?
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