Simply because an Arizona mother claims that a certain man is the father of her child does not make it the truth. Determining paternity is an important factor in a child’s upbringing and care. Frequently, there are cases in which it is not automatically known who the biological father of the child is. Fathers also want to know for certain whether they are a child’s biological parent as this will significantly impact fathers’ rights and other issues. One area that both presumed or alleged parents should understand is what the law says about presumption of paternity.
There are four instances in which a man will be the child’s presumed father. If the man and the child’s mother were married at any point within the previous 10 months before the child was born or the child was born within 10 months after the marriage was dissolved in any way, he is the presumed father. Should there be genetic testing to determine that the man is the father and it shows 95 percent probability, then he will be presumed to be the father. If there is a birth certificate that the mother and father signed when the child was born out of wedlock, the man is the presumed father. Finally, if there is a statement signed by both man and woman, it acknowledges paternity or separate but similar statements acknowledging paternity and it is notarized and witnessed, the man will be viewed as the father.
In the case of the man and woman being married within the previous 10 months or the marriage ended with the child born within the previous 10 months and another man is presumed to be the child’s father, there can only be an acknowledgement of paternity if there is consent by the presumed father or following the rebuttal of the presumption of paternity. Should the presumed father be deceased or there is a problem locating him, there can be an establishment of paternity sans written consent. Presumption of paternity can only be subject to rebuttal should there be clear and convincing evidence that the presumed father is not the father.
Because paternity is such a vital factor in multiple issues with a child such as child support, visitation, medical care and more, having an acknowledgement of paternity is key. A major part of that is knowing what the law says about presumption of paternity. A law firm that has experience in paternity issues from the perspective of all parties can help with these complicated cases and assist in coming to a determination as to naming the legal father.