Once a paternity action is filed, the other party will be served, and a hearing date will be set. It’s important to note that a paternity action is not the same as a paternity test, though a test may be ordered if requested by either party.

Arizona’s public policy supports both parents actively participating in decision-making and regularly spending time with the child, unless there is evidence suggesting otherwise. The level of involvement will depend on the parents’ history with the child and whether any concerns exist that could pose a risk to the child’s well-being.

In some cases, a father may request that the child be given his last name or a hyphenated name. While this is possible, it is not guaranteed. The court will consider various factors, including the child’s age, how long the child has had their current name, the child’s preferences, and how the name change could impact the child and the relationship with both parents.

It’s also important to remember that child support can be retroactively ordered for up to three years. This means that a parent may be entitled to child support payments, including a judgment for what the other parent should have paid in the past three years. Additionally, the court may order a father to cover a portion of the mother’s medical expenses from the pregnancy.

Either parent—mother or father—can initiate a paternity action. At Rowley Chapman & Barney, we handle a variety of paternity-related situations. Sometimes, parents who have recently separated need to define their roles in the child’s life. In other instances, a father may have been absent or less involved for a period, and the mother may need to establish paternity to receive child support. A common scenario we encounter is one parent preventing the other from having access to the child.

We strongly advise that parents establish paternity and clarify legal decision-making, parenting time, and child support. Even if things are going smoothly between the parents now, it’s wise to have a clear plan in place for the future in case the relationship changes.

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If you’re facing paternity issues, our experienced family law team can guide you through the legal process and protect your rights. Call us today.