Legal Question in Family Law in Arizona
Scenario:
My boyfriend is twenty and in october he got with someone who later admitted that she was 16 and not 18. He broke things off right away because of her age and told her that even though she found everything consensual and ok, he could still get into trouble. It was an easy break off since they lived in different cities. A month later she said she was pregnant and that he was the father. In February we started to talk and have been in a relationship since. He told me the story about Oct. and how things didn't add up so he wanted a DNA test that wouldn't happen until the baby was born. I recieved harrassing messages from the girl since February. The baby was born in May and the girl is now 17 1/2 but still denies my boyfriend a DNA test and says he should just take responsibility. He has tried a number of times to reason with her about the child's well being and being able to take responsibility; Because he has no income besides his parents and a school scholarship, he is not able to take on financial or any kind of responsibility until he has written proof that the baby is his. He knows that people can be sent to jail statutory rape and is afraid of pushing her to send him to court for statutory rape if he tries to take legal action for a DNA test.
Question: Is there a grey area if it was consensual?
Can he push for a DNA test without the other court consequences?
What would the punishment be if he were conviceted?
He is not on the birth certificate, so are about 10 harrassing messages enough to allow him to request a DNA test? The messages all include threats and saying that he is the father and that "I am not going to make this easy for you."
2 Answers from Attorneys
I can answer the Family Law questions, but cannot answer as to the criminal law questions.
If he wants to know for sure, he can file a "Complaint in Paternity", and the Court WILL ORDER HER TO TEST.
If he is not the Father, it will end there. If he is the Father, then he will have rights of custody and aprenting time, and wil have obligations to assist in the support of his child.
We can certainly help.
One of our attorneys can explain the issues and procedures better 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 his matter in detail.
Please contact my assistant Gloria or my paralegal Jennifer to schedule a free 1/2 hour consultation
/s/ Rich J. Peters
RJ PETERS & ASSOC., P.C.
1422 North 2nd Street, Suite 100
Phoenix, Arizona 85004
602-254-7251
facsimile 602-254-1229
see our website at www.familylawaz.com
He needs to take steps to get paternity testing ordered by the Court. He can open a case with the Child Support Office, see their website at https://egov.azdes.gov/cmsinternet/main.aspx?menu=24&ID=2652. He might have to pay for the cost of the Paternity Testing which should be less than $500. She will be required to cooperate with the testing. Keep in mind that if he is the biological father, he will end up with a monthly child support order. Her insistence that there be no DNA testing could mean she's scared, that she doesn't understand the legal process, or that she knows he's not the father.
If he makes any child support payments, be sure to have a good paper trail and document the payments.
If it turns out he is the father, he might want to establish a parenting plan, with visitation with the child. He can hire an attorney or take action on his own. I work in Cochise County, so would not be able to represent him. There are forms available at the Maricopa County Self-Help Center online at http://www.supreme.state.az.us/nav2/selfserv.htm. If the child is living outside Arizona, there are various factors that determine where to file the court action.
Good Luck,
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