Paternity issues present many problems if the father is not willing to accept responsibility or does not believe himself to be the father of a child. A woman who wants the child’s father on the birth certificate has little problem if the father will consent. A Voluntary Paternity action can be filed with the Deputy Clerk if the mother was not married at the time the baby was born or 10 months before the birth of the child.
If the father is in agreement, forms can be acquired at the Self Service Center in Arizona and filled out to drop at the FC File Counter. In most cases, the Clerk will sign an Order Establishing Paternity when the forms are presented.
Should the father not agree to the paternity, a Petition for Paternity must be filed at the FC File Counter. All the pertinent forms can be received at the Self Service Center. The petitioner should have the original forms and two copies made for filing. Once the filing is done, the petitioner must serve the papers, if the father refuses to sign the Acceptance of Service, by way of the Sheriff’s Department or a process server.
If the man served lives within the state of Arizona, papers may be served by certified mail or a courier service. The father must sign for the papers. After filing the papers and serving the father, the next step is to wait for the outcome.
An individual who wishes to establish paternity personally when either the father or mother are deceased will need to seek the assistance of an attorney because the state has no established procedure for this. If you would like to speak with a Phoenix Divorce Attorney, please call Mike Skupin at the Skupin Law Group.