Paternity

When an unmarried couple has a child, the father is not automatically considered the father in the eyes of the court. A paternity proceeding must be initiated to establish the man as the father. Either party can begin this procedure. Establishing paternity is necessary before the court can make an order for child support, custody or parenting time. Until paternity is established, the mother is considered the sole custodian of the child and can make decisions concerning the child's upbringing without consulting the father.

As outlined in A.R.S. § 25-814, under certain conditions a man is presumed to be the father:

• 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

• 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