Phoenix Paternity/Maternity Actions Lawyer

Let's Discuss Your Case - We're Here For You.

When dealing with a family matter issue, you do not have to go at it alone. Give us a call and we can discuss the entire case during a comprehensive attorney consultation.

Let's Discuss Your Case - We're Here For You.

When dealing with a family matter issue, you do not have to go at it alone. Schedule your comprehensive attorney consultation now and we can discuss the entire case.

In today’s society, where unmarried cohabitation arrangements are on the rise and over 40% of all births are to unmarried women, the legal issue of Paternity has become an increasingly important matter in courts across the country. It all comes down to the three important reasons why an unmarried parent might find it necessary to file a Paternity action in the Arizona courts:

  • Custody
  • Parenting Time
  • Child Support

When to File a Paternity Action Suit

There have been a few common situations that led to a paternity action. Three that frequently arise at the Law Offices of Gary Frank include:

  1. When a child is born out of wedlock, a father may find himself without any parental rights. If his name is not on the birth certificate, and the mother withholds the child and refuses to allow reasonable access, then it may be necessary for the father to file a Paternity action in order to establish that he is the biological parent of the child. Once parentage has been established, the Court can give the father custodial and parenting time rights.
  2. When a child is born to an unmarried mother and the father refuses to financially contribute to the care and support of the child, there is no way for her to force him to do so. Therefore, the mother may need to file a Paternity action and ask a judge for an order requiring the father to pay child support and share in the expenses relating to the child. Once paternity has been legally established, the Court can order the father to pay child support and expenses. It can even give the mother a judgment for past support and expenses that the father had refused to pay.
  3. Sometimes parents of a child may disagree on where the child should live; how much time she/he should spend with the other parent; the choice of schools; the religion; and many other important issues. The parents may be unable to agree on who should be responsible for making major medical, educational, or social decisions for the child. When the parents are unmarried and there is no existing paternity order, they may find it necessary to file an action for Paternity in the Superior Court. The Paternity action will establish whether the father is the biological parent of the child. If he is, then Court can also make orders for custody, parenting time, child support, decision-making authority, and other issues. Once a ruling is made, the parties are legally obligated to abide by the terms of the court orders.

The Maternity and Paternity statutes can be found beginning at A.R.S. §25-801.

Paternity can be proven by blood testing or DNA evidence, or by an admission by the man that he is the father of the child. The parties can also sign a Voluntarily Acknowledgment of Paternity in accordance with A.R.S. §25-812 (sometimes this is done at the time of the child’s birth). Once filed with the Clerk of Superior Court, the Acknowledgment shall have the same effect as an order establishing paternity. A Voluntary Acknowledgment of Paternity can be challenged or rescinded under limited circumstances as set forth in the statutes.

A man is presumed to be the father of the child, pursuant to A.R.S. §25-814 if:

  1. 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;
  2. Genetic testing affirms that there is at least a ninety-five percent probability of paternity;
  3. A birth certificate is signed by the mother and father of a child born out of wedlock; or
  4. A notarized or witnessed statement is signed by both parents acknowledging paternity, or substantially similar separate notarized and witnessed statements are signed by both parents acknowledging paternity.

A presumption of paternity can only be rebutted by clear and convincing evidence – and the burden of proof is on the challenger.

The factors which the court uses to determine custody (now referred to as Legal Decision-Making Authority) are contained in A.R.S. §25-403 et seq. The Child Support statute is A.R.S. §25-320.

Get in touch with the Law Offices of Gary Frank for Paternity Action representation.  If you are in need of advice or representation with regard to a Paternity issue, please contact our office for a consultation. We would be happy to talk to you.

Client Reviews


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Family Law Client

I had a very legally and emotionally difficult case and was fortunate enough to have Mr. Frank’s legal assistance. Mr. Frank was extremely professional, reliable, and competent. He always kept me informed of my case, and he gave me great legal insights. His litigation expertise and easy disposition allowed me to be comfortable and less stressed considering the situation. Mr. Frank always treated me with respect and valued my input. I felt part of a collaborative effort rather than the usual attorney-client relationship. It was a pleasure working with Mr. Frank, and I would most definitely recommend him to my friends and family.

I would recommend your services to anyone!

I am very satisfied for all you have done for me throughout my divorce and custody cases. You listened to what was important to me and you made it your number-one priority. The safety of my children meant the world to me and you helped me keep them safe. You are excellent in the courtroom. Throughout all of my court cases and different issues with my ex-husband, you helped me stay calm and grounded. I believe in our justice system since I was lucky enough to have an amazing attorney. Mr Gary Frank, you were a godsend in many ways, and every time I look at my children and know they’re safe I thank God for finding such a great attorney. I would recommend your services to anyone! Thank you once again for all your hard work.

Francesca

I feel re-born!

“I can’t tell you how much I am now enjoying my life. It sounds crazy, but I feel re-born! Of course, I have my days, but they are fewer and fewer. I spend time with family and friends and for the first time in seven plus years, I feel alive and well. I will never be able to thank you enough for all your caring and encouragement throughout this extremely stressful and challenging time in my life. I could not have managed to get through it without your support.”

Noel

A Lawyer That Cares

I chose Hannah to represent me because I know she personally invest herself into each and every client. I could tell she really cared and was ready to fight for me. When I called to schedule for a consult, Hanna received the phone call, not some lawyer’s assistant or front desk person. She has gone above and beyond what was asked of her. She knows what she’s doing. Thank you so much Hanna!

Jonathan

Excellent Lawyer!!!

I was going through a family court case & did not have a lawyer. I needed help filling out paperwork & knowing what to do in court. Mr. Frank met with me on several occasions & helped with properly filling out all of my paperwork & informing me of the correct way to file it. He gave me his cell phone # & always returned my calls promptly.

DANA

Divorce Lawyer

Gary was recommended to me by a relative. I was in a long-term abusive marriage and had had enough and was ready to put an end to it. while being “ready” I was scared to death as I was someone with low self-esteem and so afraid of how my Ex would respond. Gary gave me the courage to stand up for myself and helped me work thru my insecurities so that I was able to testify in court and breath. He walked me through all the steps of what we were going to do so that I understood. he was always ready to answer any questions/concerns I had in a timely manner (and I had a lot). I have recommended Gary to several friends going thru a divorce and I will continue to do so. I can’t thank him enough for his help and what he has done for me.

Annette

When you need better than the best

It is all about passion. Whether you play baseball, run a bakery, or practice law, you will do it better if you have passion. Hanna has that passion. She helped guide me through my trying times during my divorce and custody case. Her impeccable professionalism, humanity, and understanding as well as being tough enough to get things done were beyond what I could ever hope for. I couldn’t ask for a better attorney than Hanna. She not only cared about me, she also cared about the well-being of my daughter. I would highly recommend her to anyone.

Susan

Angels

Gary and Hanna are the most amazing and compassionate attorneys in AZ. They go above and beyond and would highly recommend them to anyone! They work with you and actually care about the well being of your children vs. Money (unlike most others). I cannot thank them enough for what they have done for my own family. Angels.

Erin

Thanks From A Confident Dad

Gary, I see your LinkedIn posts every now and then and just wanted to send you a quick note.  Wow, the last 6 years have been a whirlwind.  I just want to thank you again for the support and guidance you provided to me 6 years ago.  It has made a monumental difference in my life. My son’s mother and I made the mutual decision to move (out of state) about a year and a half ago.  Ironically, we live in the same neighborhood now, we’ve got our parenting plan at about 50% time each, and we walk him to school.  We get along, and it honestly can’t be any better.  My son is now in 1st grade, and he has a brother who is a year and a half.  In the past 6 years, I’ve evolved from the scared, immature, insecure person who sat in your office to a confident father of two boys.  Your input and guidance had a lot to do with that, so, thank you.  I do miss Arizona – in due time, hopefully, I’ll be back.

Family Law Client

Successful Relocation Case

To say I am grateful would not be giving you guys enough credit. I am humbled to have found you and blessed beyond words.

Family Law Client

I Know In My Heart I Chose The Right Attorneys To Represent Me

I appreciate all of you and all that you have done on my behalf. Most of all, I appreciate all of your moral support and your faith in me and my intentions. I know in my heart that I chose the “Right Attorneys” to represent me. I am happy that I chose wisely and trusted my heart & my ‘gut instinct.’

Valerie

Very Honest

November 2009 I retained Mr. Frank for almost two years to represent me in a visitation modification filed by my ex-husband. Mr. Frank quickly and efficiently became familiar with my case and was very honest about all the potential results that could occur. I truly feel that Mr. Frank had my children’s best interests in mind…

Judy K