Paternity Agreement

ARIZONA PATERNITY ACKNOWLEDGMENT PREPARATION AND PARENTING PROPOSAL

(State of Arizona)

CRITICAL — NOT THE ACKNOWLEDGMENT OR A COURT ORDER: Arizona paternity is established through a filing that satisfies A.R.S. § 25-812, including the official Arizona DES/DCSS Acknowledgment of Paternity, Form CS-127. This private packet does not replace Form CS-127, does not itself establish paternity, and does not create a legal-decision-making, parenting-time, or child-support order. Use the current official form and a separate court or agency process for parenting and support relief.

TABLE OF CONTENTS

1. Document Header
2. Definitions

3. Operative Provisions
   3.1. Acknowledgment of Paternity
   3.2. Parenting Time & Legal Decision-Making
   3.3. Child Support & Related Expenses
   3.4. Health-Care Coverage

4. Required Disclosures

5. Proposed Cooperation Terms
6. Enforcement Gate
7. Risk-Allocation Gate
8. Filing and Procedure
9. Effect of Packet
10. Packet Signatures

1. DOCUMENT HEADER

1.1 Title.
ARIZONA PATERNITY ACKNOWLEDGMENT PREPARATION AND PARENTING PROPOSAL (this “Packet”).

1.2 Parties.
This Packet is prepared by:
(a) [FULL LEGAL NAME OF MOTHER], an individual residing at [ADDRESS] (“Mother”); and
(b) [FULL LEGAL NAME OF FATHER], an individual residing at [ADDRESS] (“Father”).
Mother and Father are each a “Party” and, collectively, the “Parties.”

1.3 Child.
This Packet concerns the minor child: [CHILD’S FULL LEGAL NAME], born on [DOB] in [CITY & COUNTY], Arizona (“Child”).

1.4 Preparation Date.
This Packet was prepared on [PREPARATION DATE].

1.5 Recitals.
The Parties wish to prepare the official acknowledgment process described in A.R.S. § 25-812 and separately record proposed parenting and support terms for attorney, agency, or court review. No proposal in this packet is represented as an enforceable parenting or support order.

2. DEFINITIONS

For purposes of this Packet, the following terms have the meanings set forth below.

“Official Acknowledgment” means the current Arizona DES/DCSS Form CS-127, or another filing that counsel confirms satisfies A.R.S. § 25-812.

“Child Support” has the meaning set forth in Section 3.3.

“Parenting Time” has the meaning set forth in Section 3.2(b).

3. OPERATIVE PROVISIONS

3.1 Acknowledgment of Paternity

(a) Use the Official Acknowledgment. Complete the current Form CS-127 separately. Section 25-812(A)(1) requires a qualifying notarized or witnessed statement signed by both parents, or two substantially similar qualifying statements. The official form requires each parent to sign before a qualified witness or notary and supplies the required notice of alternatives, consequences, rights, and responsibilities.

(b) Presumed-Father Gate. If another person is presumed to be the Child's father, do not use this packet as a workaround. Section 25-812(A)(1) makes an acknowledgment valid only with the presumed father's written consent or through the statutory presumed-father route. Form CS-127 instructs filers to use the required waiver or court documentation when the mother was married during the stated presumption period.

(c) Filing. Section 25-812(A) permits filing with the clerk of the superior court, the Department of Economic Security, or the Department of Health Services. This statute and the current Form CS-127 do not impose the former draft's five-business-day-after-agreement deadline. Follow the current official form's submission instructions and do not attach this private parenting proposal unless the receiving office or counsel directs otherwise.

(d) Effect. A qualifying voluntary acknowledgment filed with DES or DHS is a paternity determination with the same force and effect as a superior-court judgment under § 25-812(D). The official form expressly warns that the acknowledgment is not a custody order and does not automatically grant custody or visitation rights.

(e) Rescission and Later Challenge. Under § 25-812(H), either parent may rescind within the earlier of sixty days after the last signature is affixed to the filed acknowledgment or the date of a proceeding relating to the Child in which that parent is a party. The written rescission is filed with DES under subsection (I). After the sixty-day period, subsection (E) permits a challenge only on fraud, duress, or material mistake of fact through the procedure stated there; legal responsibilities are not suspended during the challenge except for good cause.

(f) Genetic-Testing Notice. Form CS-127 states that signing gives up the initial right to a court paternity hearing and genetic testing, while also directing parents to the statutory rescission and challenge rules. This private packet creates no additional waiver and must not state that later genetic testing is categorically unavailable.

3.2 Parenting Time & Legal Decision-Making

The following terms are proposals for a separate court filing or reviewed agreement. They do not arise automatically from Form CS-127 and are not enforceable merely because this packet is signed.

(a) Proposed Legal Decision-Making. [SOLE / JOINT / OTHER PROPOSAL]. Reasons and facts supporting the proposal: [________________________________].

(b) Parenting Time Schedule.
(i) Regular Schedule. [DETAILED WEEKLY OR BI-WEEKLY SCHEDULE]
(ii) Holidays & Vacations. [SPECIFIC ALLOCATION]
(iii) Exchange Logistics. [LOCATION, RESPONSIBILITY FOR TRANSPORTATION, ETC.]

(c) Court Filing. Identify the petition, consent decree, parenting plan, or other filing counsel will use: [________________________________].

3.3 Proposed Child Support & Related Expenses

(a) Proposed Base Support. Proposed payor: [MOTHER / FATHER / OTHER]. Proposed amount: $[AMOUNT] per month beginning [DATE], subject to completion of the current Arizona court child-support worksheet and entry of any required order.

(b) Proposed Additional Expense Allocation:
(i) Medical/Dental/Orthodontic: [PERCENTAGE SPLIT]
(ii) Childcare/Day-Care: [PERCENTAGE SPLIT]
(iii) Extracurricular Activities: [PERCENTAGE SPLIT]

(c) Proposed Payment Method: [SUPPORT PAYMENT CLEARINGHOUSE / OTHER METHOD APPROVED IN THE ORDER].

(d) Current-order check: [NO EXISTING SUPPORT ORDER / EXISTING ORDER ATTACHED / AGENCY CASE NUMBER: __________].

3.4 Health-Care Coverage

Proposed responsible parent or allocation: [________________________________]. Proposed coverage source and uninsured-expense allocation: [________________________________]. Include these terms in the separate support or parenting filing if approved.

4. REQUIRED DISCLOSURES

4.1 Required Disclosures. Each Party shall identify:
(a) every presumed, acknowledged, or adjudicated parent known to the Party;
(b) every existing paternity, support, legal-decision-making, parenting-time, protection-order, adoption, or dependency case concerning the Child; and
(c) every order or agreement that may affect the proposed terms.

4.2 Accuracy. All factual statements herein are true and complete to the best knowledge of the Parties.

4.3 Review. Attach supporting records and submit any disputed fact to counsel or the proper court or agency rather than treating this packet as a final adjudication.

5. PROPOSED COOPERATION TERMS

5.1 Proposed Cooperation. The Parties propose to cooperate in completing the separate documents selected after review.

5.2 Proposed Relocation Term. [INSERT REVIEWED PROPOSAL OR STATE THAT THE CONTROLLING COURT ORDER AND CURRENT LAW GOVERN.]

5.3 Proposed Non-Disparagement. [INSERT REVIEWED PROPOSAL OR OMIT.]

5.4 Proposed Information Sharing. [INSERT REVIEWED PROPOSAL OR OMIT.]

6. ENFORCEMENT GATE

6.1 This preparation packet creates no private default, cure period, fee entitlement, contempt remedy, wage assignment, or make-up-parenting-time remedy.

6.2 Enforcement depends on the filed Official Acknowledgment and any separate court or agency order. Record an alleged violation here for attorney or agency review: [________________________________].

7. RISK-ALLOCATION GATE

No indemnity, liability cap, damages waiver, or force-majeure defense is created by this packet. Any emergency, missed exchange, support issue, or safety concern must be handled under the controlling order and the procedure selected with counsel.

8. FILING AND PROCEDURE

8.1 Filing or agency office for the Official Acknowledgment: [CLERK OF SUPERIOR COURT / DES / DHS].

8.2 County and case for any separate parenting or support request: [________________________________].

8.3 No arbitration clause, jury waiver, exclusive-forum clause, or private injunctive-remedy clause is included. Counsel must select the proper procedure for the relief actually requested.

9. EFFECT OF PACKET

9.1 Signing this packet does not sign, authenticate, file, amend, rescind, or challenge Form CS-127 or any paternity determination.

9.2 Signing this packet does not enter or modify a support, legal-decision-making, or parenting-time order.

9.3 If the Parties later reach reviewed terms, use the document and signature method required for the selected court or agency process.

10. PACKET SIGNATURES

The signatures below acknowledge only that the Parties reviewed this preparation packet and recorded the proposals above. They are not signatures on Form CS-127 and do not establish paternity or create a parenting or support order.

OFFICIAL-FORM AND FILING CHECKLIST

• ☐ Downloaded the current Arizona DES/DCSS Form CS-127 from the official state site
• ☐ Read the form's notice of alternatives, legal consequences, rights, and responsibilities before signing
• ☐ Confirmed whether a presumed-father waiver or court document is required
• ☐ Each parent will sign Form CS-127 before a qualified witness or notary as the form directs
• ☐ Form CS-127 contains no crossouts, erasures, or alterations
• ☐ All required pages and original signatures will be submitted using the current official instructions
• ☐ Any parenting, legal-decision-making, or support proposal will be handled in a separate court or agency process

SOURCES AND REFERENCES

• Arizona Legislature, A.R.S. § 25-812, current official text: https://www.azleg.gov/ars/25/00812.htm
• Arizona Department of Economic Security / Division of Child Support Services, Form CS-127 (7-22), Acknowledgment of Paternity: https://www.azdhs.gov/documents/vital-records/manuals/acknowledgment-paternity-form.pdf?v=07222022