In Arizona, paternity refers to the legal establishment of a father-child relationship. Arizona Revised Statutes Title 25, Chapter 6 governs paternity proceedings, establishing procedures for determining legal fatherhood and the rights and responsibilities that follow.
Why Paternity Matters:
Legal rights: Establishes father's right to seek custody and parenting time
Child support: Creates legal obligation to provide financial support
Inheritance rights: Establishes child's right to inherit from father
Medical history: Provides access to paternal family medical history
Benefits access: Enables eligibility for Social Security, insurance, and veterans benefits
Identity and belonging: Gives child legal connection to both parents
Who Can Establish Paternity:
Mother of the child
Man claiming to be the father
Child (through guardian or representative)
Department of Economic Security (DES)
Arizona Attorney General's Office
Paternity can be established voluntarily through acknowledgment or involuntarily through court proceedings and genetic testing.
Establish Paternity Early - Don't Wait
Unmarried fathers have NO legal rights until paternity is established. You cannot seek custody, parenting time, or even information about your child without legal paternity. If the mother places the child for adoption, you may not receive notice unless you've registered with the Putative Father Registry within 30 days of birth. Act immediately—waiting can mean permanently losing your parental rights.
Filing Paternity Cases in Maricopa County Superior Court
Maricopa County Superior Court handles all paternity cases for Phoenix and surrounding areas. Understanding local procedures ensures efficient case processing.
Where to File
Maricopa County has four courthouse locations for family law matters:
Southeast Facility (Main Family Court): 222 E. Javelina Avenue, Mesa, AZ 85210
Northeast Facility: 14264 N. 87th Street, Scottsdale, AZ 85260
Central Court Building: 201 W. Jefferson Street, Phoenix, AZ 85003
Northwest Facility: 14440 N. Black Canyon Highway, Phoenix, AZ 85053
Mesa facility preferred: Most paternity cases filed at Southeast Facility (Mesa) which houses specialized family law departments.
Filing Fees (Effective December 28, 2024)
Arizona courts increased filing fees by 18% in late 2024:
Petition to Establish Paternity: approximately $376 (petitioner filing fee)
Response/Answer: approximately $287 (respondent filing fee)
Fee waiver available: Complete Application for Deferral or Waiver of Court Fees if you cannot afford fees
DES cases: No fee when Department of Economic Security files paternity action
Cover Sheet: Administrative form for case assignment
Child Support Worksheet: If requesting child support, complete Arizona child support calculator
Request for Order (legal decision-making/parenting time): If seeking custody or visitation
Forms available: Download from Maricopa County Superior Court website or obtain from Law Library Resource Center.
Service of Process
Personal service required: Sheriff, private process server, or person over 18 (not party to case)
Service by publication: If respondent cannot be located, serve by newspaper publication
Acceptance of service: Respondent can sign Acceptance of Service to waive formal service
Proof of service: File affidavit or sheriff's return showing service completion
Case Timeline
Response deadline: 20 days from service if served in Arizona, 30 days if served outside Arizona
Initial status conference: Typically scheduled 60-90 days after filing
Genetic testing: Ordered at initial hearing if paternity disputed
Resolution Management Conference (RMC): Settlement conference before trial
Trial: If case not settled, contested trial scheduled (typically 6-12 months from filing)
DES Involvement
Child support cases: If DES establishes paternity for child support, DES attorneys handle case
No attorney needed: DES represents state's interest in establishing support
Administrative process first: DES attempts administrative establishment before court filing
Judicial referral: Uncooperative parties referred to Assistant Attorney General for court action
Self-Service Resources
Maricopa County provides extensive self-help resources for unrepresented litigants:
Law Library Resource Center: 222 E. Javelina Avenue, Mesa (southeast facility)
Phone assistance: (602) 506-7353 for procedural questions
Form packets: Complete paternity packets with instructions available
Online resources: Video tutorials and guides at superiorcourt.maricopa.gov
Self-service kiosks: Computer stations at each courthouse for form completion
Virtual Hearings
WebEx platform: Many hearings conducted remotely via WebEx video conferencing
Request in-person: Can request in-person hearing if virtual access unavailable
Technology requirements: Computer or smartphone with camera, microphone, and internet
Courtroom decorum: Same professional standards apply to virtual appearances
Relevant Statutes:A.R.S. § 25-801 et seq., Maricopa County Local Rules
Same-Sex Couples and Assisted Reproduction Paternity Issues
Arizona's paternity statutes historically used gender-specific language, creating challenges for same-sex couples and assisted reproduction situations. While Arizona law continues to evolve in this area, same-sex couples should work with an attorney to understand their options for establishing legal parentage.
Legal Framework for Same-Sex Parentage
Following the U.S. Supreme Court's decision in Obergefell v. Hodges (2015), same-sex couples have the right to marry and access the same legal protections as opposite-sex couples. However, Arizona's paternity statutes (A.R.S. § 25-814) still use gender-specific language ("man" and "woman"), which can create uncertainty in some situations.
Key considerations for same-sex couples:
Marriage presumption: If married, a spouse may be presumed a parent of a child born during the marriage, though application to same-sex couples may vary
Adoption: Second-parent or stepparent adoption provides the most secure legal protection for non-biological parents
Written agreements: Pre-conception agreements documenting both parties' intent to parent can support parentage claims
Legal counsel essential: Same-sex couples should consult an attorney before conception to understand the best path to secure legal parentage for both parents
Sperm Donor Rights and Obligations
Arizona law distinguishes between known sperm donors and anonymous donors through licensed facilities:
Anonymous donors (A.R.S. § 25-218): Donors through licensed physicians or sperm banks have NO parental rights or obligations
Known donors (informal arrangements): May have parental rights/obligations unless written agreement states otherwise
Written agreement critical: Known donors should have written agreement relinquishing rights BEFORE conception
Dual-parent presumption: If mother married to woman, spouse presumed parent (not donor)
Intent matters: Courts examine parties' intent regarding donor's role
Egg Donor and Surrogacy Situations
Gestational carrier (surrogate): Woman carrying child not genetically related to her has no parental rights if proper agreement
Egg donor: Similar to sperm donor—if through licensed facility, no parental rights
Intended parents: Genetic or intended parents establish parentage through pre-birth court order
File petition to establish paternity in Superior Court, or sign Voluntary Acknowledgment if both parties agree on parentage.
Service on Other Party
If filing petition, the other parent must be served. They have 20 days to respond (30 days if out of state).
Common Questions
How do I establish paternity in Arizona?
There are several ways: (1) Sign a Voluntary Acknowledgment of Paternity at the hospital or through DES, (2) File a paternity petition in Superior Court, (3) Through administrative proceedings with DES. If there's a dispute, the court will order DNA testing which is 99.9% accurate.
What rights do I have as an unmarried father in Arizona?
Until paternity is legally established, unmarried fathers have limited legal rights. Once paternity is established, you have equal rights to seek custody (legal decision-making), parenting time, and input on major decisions. You also become legally obligated to pay child support.
How long do I have to contest paternity in Arizona?
You can rescind a Voluntary Acknowledgment of Paternity within 60 days or before a court proceeding involving the child begins. After that, you can only challenge paternity by proving fraud, duress, or material mistake of fact. Courts disfavor disrupting established parent-child relationships.
Anthony F. Paradise, Esq.
I didn't choose family law. I chose the courtroom.
The preparation. The argument. The moment when everything you've built either holds or falls apart. After earning my J.D. from Arizona Summit Law School, I clerked for a prominent criminal defense and wrongful death attorney. I learned how to build cases that hold up under pressure and how to perform when everything is on the line.
When I committed to practice full time, I brought that same intensity to family law. I understood what it feels like when everything you've built is coming apart. And I learned that how something ends matters as much as how it began.
I have devoted 100% of my practice to family law since 2020. Not because it's easy. Because it's where I belong.
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I have helped hundreds of clients and consulted with thousands. My job is to move you from crisis to clarity — with a plan, a strategy, and someone in your corner who knows the details of your case better than anyone.
Relationships are hard. Sometimes the healthiest thing for you, for your children, for everyone, is to separate. But how you end matters as much as why.
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Divorce ranks alongside death for its toll on mental health. There is no victory lap here.
A good outcome looks like this: someone walks through my door in crisis, and six months later, their life is meaningfully better. They call to tell me their kids are adjusting. They're sleeping again. They can see a future.
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