Legal Question in Family Law in Arizona

Trying to get determine Paternity

My brother had a baby with a woman. He signed the birth certificate. The child is now 2. The woman has told my brother numerous times that he is not the dad, so now he has doubts. She went through the system to get child support. Now that she gets money she wont admit that the kid may not be his. Can he legally get a paternity test without the mothers consent? Is there a way for the mother or any other organization out there to pay for it since she is the one that told him that he wasnt the dad. Will he have to pay the money himself? Legally speaking what can he do?


Asked on 2/02/04, 7:43 pm

3 Answers from Attorneys

Rich Peters R. J. Peters & Assoc., P.C.

Re: Trying to get determine Paternity

I have attempted to get Court ordered paternity tests "after the fact", as you've described. It really depends upon the exact facts of each case. If he asks for a test, he is most likely going to have to pay for it, in my opinion.

I can explain the procedures better by phone or in person. As you can imagine, there is too much to cover via e'mail. We offer free 1/2 hour consultations, in which we can discuss the matter in more detail.

Please have him call me directly to discuss the specifics of his case, or contact my assistant Audrey to schedule a free 1/2 hour consultation.

/s/ Rich J. Peters, Attorney

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JON C. DAKE & ASSOC., P.C.

1422 N. 2nd Street, Suite 100

Phoenix, Arizona 85004

602.254.7251

602.254-1229 (facsimile)

see our web page at www.familylawaz.com

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Answered on 2/03/04, 10:32 am

Re: Trying to get determine Paternity

There is one main question that must be answered is the Attorney General's Office involved. If so than they usually front the cost of the test. If dad is dad than he must pay for the test. However it is very important file a motion with the court soon. Time is important. Good luck...

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Answered on 2/03/04, 10:34 am
Ronee Korbin Steiner Ronee Korbin Steiner, P.C.

Re: Trying to get determine Paternity

Your brother can file a Petition for Paternity, Custdoy and parenting time(if he desires that). If she does not act in good faith, then the court can order her to bear the costs of the paternity test. If the court orders it, and he is NOT the father, his support obligation will cease.

Let me know if there is anything else I can do for you.

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Answered on 2/02/04, 8:35 pm


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