Legal Question in Family Law in Arizona
Paternity Test & Child Support
I was recently contacted regarding paternity of a 1+year old child. The mother was involved with another man who signed the birth certificate. They recently split up, he took a dna test and he is not the father. He had his name removed from the birth certificate. She now after 2 years believes that I am the father. Prior to her phone call I have not been in contact with her for approx. 2 years. She has asked me to take a paternity test but claims she will raise the child on her own and just wants to know who the father is however I believe her intentions go beyond wanting to know. Can she go to court and list off who she thinks the father is and have them all tested? If I take the test and I am the father can I choose to give my parental rights up? Can she pursue child support even though she has stated she will raise the child on her own? Can I go through a severance proceeding? Thank you for your help.
1 Answer from Attorneys
Re: Paternity Test & Child Support
This is a difficult series of questions. If she believes someone to be the father, she can file for an establishment of child support and DES can request the court order the potential father to participate with DNA testing. Obviously if you are not the fater, then it is good to rule it out. If you don't want to participate as a father, the court cannot force you but the court can force you to pay child support. Be careful about "termination of rights," because just because you terminate does not mean a CS obligation ends.