VOLUNTARY PATERNITY ACKNOWLEDGMENT AND PARENTING AGREEMENT
(State of Arizona)
[// GUIDANCE: Insert firm letterhead or client-specific caption here, if desired.]
TABLE OF CONTENTS
- Document Header
- Definitions
- 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 - Representations & Warranties
- Covenants & Restrictions
- Default & Remedies
- Risk Allocation
- Dispute Resolution
- General Provisions
- Execution Block
1. DOCUMENT HEADER
1.1 Title.
VOLUNTARY PATERNITY ACKNOWLEDGMENT AND PARENTING AGREEMENT (this “Agreement”).
1.2 Parties.
This Agreement is entered into by and between:
(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 Agreement concerns the minor child: [CHILD’S FULL LEGAL NAME], born on [DOB] in [CITY & COUNTY], Arizona (“Child”).
1.4 Effective Date.
This Agreement is effective as of [EFFECTIVE DATE] (“Effective Date”).
1.5 Recitals.
WHEREAS, the Parties desire voluntarily to acknowledge and establish paternity of the Child pursuant to Ariz. Rev. Stat. Ann. § 25-812 (2023) and to allocate parental rights and responsibilities in the best interests of the Child; and
WHEREAS, the Parties wish to memorialize their respective rights, duties, and obligations, including child support calculated under the Arizona Child Support Guidelines;
NOW, THEREFORE, in consideration of the mutual promises herein and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows.
2. DEFINITIONS
For purposes of this Agreement, the following terms have the meanings set forth below. Terms defined in a Section and used thereafter without further definition have the meanings assigned in such Section.
“Arizona Child Support Guidelines” means the child-support guidelines adopted by the Arizona Supreme Court and in effect on the Effective Date.
“Acknowledgment” means the voluntary establishment of paternity pursuant to Ariz. Rev. Stat. Ann. § 25-812.
“Central Paternity Registry” means the registry maintained by the Arizona Department of Health Services for filing acknowledgments of paternity under A.R.S. § 25-812.
“Child Support” has the meaning set forth in Section 3.3.
“Genetic Testing” means scientifically accepted DNA testing performed by a laboratory certified under 42 C.F.R. Part 493, or any successor regulation.
“Parenting Time” has the meaning set forth in Section 3.2(b).
3. OPERATIVE PROVISIONS
3.1 Acknowledgment of Paternity
(a) Voluntary Acknowledgment. Father hereby voluntarily acknowledges that he is the natural and legal father of the Child. Mother concurs. This Acknowledgment is executed under penalty of perjury and in compliance with Ariz. Rev. Stat. Ann. § 25-812.
(b) Filing. Within five (5) business days after full execution, the Parties shall cause the executed Acknowledgment portion of this Agreement (or a separate state-approved form referencing this Agreement) to be filed with the Central Paternity Registry.
[// GUIDANCE: Many practitioners attach the state form to this Agreement as “Exhibit A”.]
(c) Rescission. Either Party may rescind the Acknowledgment within sixty (60) days after the date of execution, or prior to the first court hearing relating to the Child, whichever occurs earlier, by completing and filing a notarized rescission in the manner prescribed by A.R.S. § 25-812(F). After such period, the Acknowledgment may be set aside only upon a showing of fraud, duress, or material mistake of fact pursuant to A.R.S. § 25-812(H).
(d) Genetic Testing Notice. Each Party acknowledges that (i) either may request Genetic Testing prior to signing this Agreement; (ii) the cost of such testing shall be paid by [ALLOCATION OF COSTS]; and (iii) by executing this Agreement without testing, each waives any right to compel Genetic Testing except as provided by law.
3.2 Parenting Time & Legal Decision-Making
(a) Legal Decision-Making. The Parties agree that [SOLE / JOINT] legal decision-making authority is in the best interests of the Child. Each Party shall act in good faith to make decisions consistent with those best interests.
(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) Modification. The Parties may modify Parenting Time or decision-making only by a written instrument executed by both Parties or by court order.
3.3 Child Support & Related Expenses
(a) Base Support. Commencing on [DATE], Father shall pay to Mother child support in the amount of $[AMOUNT] per month, calculated under the Arizona Child Support Guidelines (“Child Support”).
(b) Additional Support. The Parties shall allocate Child-related expenses as follows:
(i) Medical/Dental/Orthodontic: [PERCENTAGE SPLIT]
(ii) Childcare/Day-Care: [PERCENTAGE SPLIT]
(iii) Extracurricular Activities: [PERCENTAGE SPLIT]
(c) Adjustment. Child Support shall be subject to statutory cost-of-living adjustments and guideline reviews every [24/36] months or upon a substantial and continuing change in circumstances.
(d) Payment Method. Payments shall be made through the Arizona Support Payment Clearinghouse unless the Parties affirmatively opt out in writing.
3.4 Health-Care Coverage
Father shall maintain comprehensive health-care coverage for the Child through [EMPLOYER-SPONSORED / ACA / OTHER] insurance. Mother shall timely furnish requisite documentation to facilitate enrollment and claims processing.
4. REPRESENTATIONS & WARRANTIES
4.1 Authority. Each Party represents and warrants that:
(a) they are legally competent and of majority age;
(b) no other person has parental rights inconsistent with this Agreement; and
(c) execution and performance do not violate any court order or agreement.
4.2 Accuracy. All factual statements herein are true and complete to the best knowledge of the Parties.
4.3 Survival. The representations and warranties in this Section 4 survive the execution of this Agreement.
5. COVENANTS & RESTRICTIONS
5.1 Good-Faith Cooperation. The Parties shall cooperate in executing any additional documents reasonably necessary to effectuate the purposes of this Agreement.
5.2 Relocation. Neither Party shall relocate the Child’s primary residence outside [SPECIFIED GEOGRAPHIC AREA] without prior written consent of the other Party or court order, in compliance with A.R.S. § 25-408.
5.3 Non-Disparagement. The Parties shall refrain from disparaging the other Party in the presence of the Child.
5.4 Information Sharing. Each Party shall promptly share significant information regarding the Child’s education, health, and welfare.
6. DEFAULT & REMEDIES
6.1 Events of Default.
(a) Non-payment of Child Support beyond [X] days;
(b) Interference with Parenting Time on more than [Y] occasions within a twelve-month period;
(c) Material breach of any covenant in Section 5.
6.2 Notice & Cure. The non-defaulting Party shall provide written notice specifying the default. The defaulting Party shall have [15] days to cure, except non-payment of support is governed by statutory collection procedures.
6.3 Remedies.
(a) Enforcement through the Arizona state family court, including wage assignment, contempt, and any other remedy authorized by law;
(b) Attorneys’ fees and costs to the prevailing Party in any enforcement action;
(c) Make-up Parenting Time proportionate to the time wrongfully denied.
7. RISK ALLOCATION
7.1 Indemnification. Not applicable by agreement of the Parties.
7.2 Limitation of Liability. Except for statutory child-support obligations and willful misconduct, neither Party shall be liable to the other for consequential, incidental, or punitive damages arising out of or relating to this Agreement.
7.3 Force Majeure. A Party’s non-performance of Parenting Time obligations due to circumstances beyond reasonable control (e.g., natural disaster, serious illness) shall not constitute a default, provided that Party promptly notifies the other and makes reasonable efforts to mitigate.
8. DISPUTE RESOLUTION
8.1 Governing Law. This Agreement and all disputes arising hereunder shall be governed by the domestic-relations laws of the State of Arizona, without regard to its conflict-of-laws principles.
8.2 Forum Selection. The Parties consent to the exclusive jurisdiction of the [NAME OF COUNTY] Superior Court—Family Division.
8.3 Arbitration. The Parties acknowledge that arbitration is not available for child-support or parenting-time issues under Arizona law.
8.4 Jury Waiver. No jury trial is available in family-court proceedings; each Party knowingly waives any right thereto to the extent one might otherwise exist.
8.5 Injunctive Relief. Either Party may seek temporary or permanent injunctive relief to enforce Parenting Time or to ensure payment of support.
9. GENERAL PROVISIONS
9.1 Amendment & Waiver. Any amendment must be in a written instrument executed by both Parties and, if modifying support or custody, approved by the court. No waiver of any term shall be deemed continuing unless expressly stated in writing.
9.2 Assignment. Parental rights and obligations are personal and may not be assigned.
9.3 Successors & Assigns. This Agreement binds the Parties and their respective heirs and legal representatives.
9.4 Severability. If any provision is held invalid, the remaining provisions shall remain in full force, and the court shall reform the invalid provision to reflect the Parties’ original intent to the maximum extent permitted by law.
9.5 Integration. This Agreement constitutes the entire understanding of the Parties regarding paternity, parenting time, and support, and supersedes all prior agreements and understandings, whether written or oral.
9.6 Counterparts; Electronic Signatures. This Agreement may be executed in counterparts, each of which is deemed an original and all of which constitute one instrument. Signatures transmitted by facsimile or in “.pdf” (or similar) electronic format are effective as originals.
10. EXECUTION BLOCK
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the Effective Date.
| Mother | Father |
|---|---|
| _______ | _______ |
| [PRINTED NAME OF MOTHER] | [PRINTED NAME OF FATHER] |
| Date: _______ | Date: _______ |
NOTARY ACKNOWLEDGMENTS
State of Arizona )
County of [COUNTY] )
On this _ day of _, 20__, before me, the undersigned Notary Public, personally appeared [NAME], known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument and acknowledged that she/he executed the same for the purposes therein contained.
IN WITNESS WHEREOF I hereunto set my hand and official seal.
Notary Public
My Commission Expires: ____
(Repeat acknowledgment block for each Party.)
[// GUIDANCE: Arizona practice does not require witnesses beyond notarization, but some practitioners add an optional witness line.]
EXHIBIT A – Arizona Department of Health Services “Voluntary Acknowledgment of Paternity” Form
[// GUIDANCE: Attach current DHS form to ensure statutory compliance.]
[// GUIDANCE: Insert any additional exhibits (e.g., Parenting Plan map, Support Worksheet) as needed.]