Goldie Hawn and Kurt Russell were pioneers of their time–having a long term relationship, raising children, but never actually getting married. Today, Angelina Jolie and Brad Pitt have the same type of relationship. They have been together for years and their relationship appears to be solid. They have several adopted children and several biological children, but they are not married. This seems to be a trend in Hollywood, and with today’s divorce rate as high as it is, getting married seems to be a lower priority in our society than it once was.
However, not all relationships remain steady and strong like Goldie’s and Kurt’s. Issues arise when a couple breaks up having had minor children out of wedlock. Additionally, not all children are born from solid relationships. Sometimes, there are suspicions of infidelity, and questions regarding paternity can arise.
In Arizona, paternity is governed by statute. A.R.S. § 25-814 presumes a man to be the father of a child if any of the following apply:
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 by death, annulment, declaration of invalidity or dissolution of marriage or after the court enters a decree of legal separation.
2. Genetic testing affirms at least a ninety-five per cent probability of paternity.
3. A birth certificate is signed by the mother and father of a child born out of wedlock.
4. A notarized or witnessed statement is signed by both parents acknowledging paternity or separate substantially similar notarized or witnessed statements are signed by both parents acknowledging paternity.
If another man is presumed to be the child’s father by marriage, an acknowledgment of paternity may be effected only with the written consent of the presumed father or after the presumption is rebutted. If the presumed father has died or cannot reasonably be located, paternity may be established without written consent.
Any presumption shall be rebutted by clear and convincing evidence. If two or more presumptions apply, the presumption that the court determines, on the facts, is based on weightier considerations of policy and logic will control. A court decree establishing paternity of the child by another man rebuts the presumption.
Even if paternity is established or presumed, this does not guarantee legal rights to the child born out of wedlock for a father. If a child is born out of wedlock, the mother is the legal custodian of the child until paternity is established and custody or access is determined by the court. See A.R.S. § 13-1302. It is important for fathers of children born out of wedlock to establish paternity and to establish their rights. Even if the relationship with the child’s mother is solid and going well, there may be a time in the future where things will change. Without a legal document establishing paternity, decision-making and parenting time, only the mother is legally entitled to make decisions and have access to the child. If the mother refuses to allow the father access to the child, the father will have to file documents with a court to establish his rights and gain access to his child, which could potentially take months.
Copyright © 2014 by Scoresby Family Law – J. Kyle Scoresby, P.C. All rights reserved.