Arkansas Paternity / Parentage Petition Package

ARKANSAS PATERNITY / PARENTAGE PETITION PACKAGE

PART 1 — PRE-PETITION CHECKLIST

☐ Confirm no prior judicial or administrative paternity determination exists for the child
☐ Check whether an Acknowledgment of Paternity (AOP) has been signed and filed with the Arkansas Division of Vital Records
☐ Confirm venue under Ark. Code § 9-10-102 (county where child resides, mother resides, or putative father resides)
☐ Verify the child is under age 21 (Arkansas age of majority for paternity-related actions; petitions may be filed at any time until child reaches 21 under § 9-10-104 reading with § 9-9-202)
☐ Identify whether OCSE is providing IV-D services; if so, OCSE should be joined / noticed
☐ Conduct ICWA inquiry — confirm whether child is or may be an Indian child
☐ Determine UCCJEA home state under Ark. Code § 9-19-201 if custody/visitation will be addressed
☐ Verify SCRA status of Respondent
☐ Prepare Affidavit of Financial Means and Administrative Order No. 10 (Child Support Guidelines) worksheet
☐ Prepare Civil Cover Sheet
☐ Confirm filing fee or prepare petition to proceed in forma pauperis
☐ If mother was married at conception/birth, plan to rebut the marital presumption by clear and convincing evidence

PART 2 — COMPLAINT TO ESTABLISH PATERNITY, CUSTODY, AND CHILD SUPPORT

IN THE CIRCUIT COURT OF [____________________] COUNTY, ARKANSAS
DOMESTIC RELATIONS DIVISION

Case No.: [________________________________]

COMPLAINT FOR PATERNITY, CUSTODY, VISITATION, AND CHILD SUPPORT
(Ark. Code §§ 9-10-101, 9-10-103, 9-10-108, 9-10-109, 9-10-113)

Plaintiff, by and through [self / undersigned counsel], for cause of action against Defendant, alleges and states:

I. PARTIES AND JURISDICTION

1. Plaintiff is the [biological mother / putative biological father / custodian / Arkansas Office of Child Support Enforcement on behalf of] the minor child below, and resides at [________________________________], [____________________] County, Arkansas.

2. Defendant is the [putative biological father / biological mother] and resides at [________________________________].

3. This Court has subject-matter jurisdiction under Ark. Code § 9-10-102 and personal jurisdiction over Defendant.

4. Venue is proper in this county because [child resides here / mother resides here / Defendant resides here].

II. THE CHILD

5. The minor child the subject of this action is:

III. UCCJEA AND PRIOR PROCEEDINGS

6. Arkansas is the home state of the child under Ark. Code § 9-19-201 because the child has lived in Arkansas with a parent or person acting as a parent for at least six consecutive months immediately preceding this filing.

7. Plaintiff [has / has not] participated in any other proceeding concerning custody of, or visitation with, the child.

8. Plaintiff knows of no proceeding that could affect the current proceeding.

IV. PARENTAGE ALLEGATIONS

9. Plaintiff alleges that Defendant is the biological father of [CHILD'S NAME], conceived on or about [__/__/____] in [____________________] County, Arkansas, as a result of sexual intercourse between the mother and Defendant.

10. The mother [was / was not] married at the time of conception or birth. If married, the spouse was [____________________________________].

11. An Acknowledgment of Paternity [has / has not] been filed with the Arkansas Division of Vital Records. (If filed, it has the legal effect of a conclusive finding of paternity under § 9-10-120.)

12. No prior judicial or administrative paternity determination exists.

V. INDIAN CHILD WELFARE ACT (ICWA) INQUIRY

13. After diligent inquiry, the child [is / is not / may be] an "Indian child" under 25 U.S.C. § 1903(4):

VI. CUSTODY AND VISITATION

14. Pursuant to Ark. Code § 9-10-113, custody of a child born outside of marriage initially vests in the mother unless and until paternity is established and a court determines otherwise.

15. It is in the best interests of the child that [Plaintiff / Defendant / the parties jointly] be awarded [legal / physical] custody, with the other parent receiving visitation as set out in the proposed parenting plan attached as Exhibit A.

VII. CHILD SUPPORT

16. Child support should be set under Arkansas Administrative Order No. 10 (Child Support Guidelines). A guideline worksheet is attached as Exhibit B.

17. Medical insurance and uninsured medical expenses shall be allocated under the Guidelines.

VIII. PAST SUPPORT, BIRTH EXPENSES, ATTORNEY FEES

18. Plaintiff requests reimbursement of expenses incurred for the mother's pregnancy and confinement and for past support.

19. Plaintiff requests reasonable attorney fees and costs under Ark. Code § 9-10-109(c).

IX. PRAYER FOR RELIEF

WHEREFORE, Plaintiff prays for an order and judgment:

a. Declaring [DEFENDANT NAME] the biological and legal father of [CHILD'S NAME];
b. Ordering scientific paternity testing under Ark. Code § 9-10-108;
c. Setting child support under Administrative Order No. 10;
d. Awarding legal and physical custody and visitation in the best interests of the child;
e. Ordering medical support and allocating uninsured medical expenses;
f. Directing the Arkansas Division of Vital Records to amend the child's birth certificate;
g. Awarding past support, pregnancy expenses, attorney fees, and costs;
h. Granting such other and further relief as the Court deems just.

Date: [__/__/____] ____________________________________
[Attorney Name], AR Bar No. [__________]
[Firm, Address, Phone, Email]
Attorney for Plaintiff

VERIFICATION

State of Arkansas, County of [____________________]

I, [PLAINTIFF NAME], being first duly sworn, state that I have read the foregoing Complaint and the facts stated are true to the best of my knowledge, information, and belief.

____________________________________
[Plaintiff Signature]

Subscribed and sworn to before me on [__/__/____].

____________________________________
Notary Public

PART 3 — ARKANSAS AOP REFERENCE CHECKLIST

NOT THE OFFICIAL AOP: Do not sign or file this packet as an Acknowledgment of Paternity. Obtain the current form from an Arkansas birthing hospital, the Arkansas Department of Health, or a local Office of Child Support Enforcement.

(Ark. Code §§ 9-10-115, 9-10-120, 20-18-408; Arkansas Vital Records Rule 5.4)

☐ Child was born in Arkansas and is under eighteen.

☐ The correct ordinary, three-way, correction, legitimation, or court route was confirmed based on marriage and the current birth record.

☐ Mother and proposed biological father are certain of paternity; if uncertain, they stopped before signing and requested genetic testing.

☐ Each signer received the current written information concerning implications, parental rights, responsibilities, and available services.

☐ Every required person signed the official AOP in the places required by that form.

☐ Both parents' signatures were witnessed and notarized; both sides of a three-way affidavit were notarized when applicable.

☐ The official AOP was submitted to Arkansas Vital Records on [__/__/____].

☐ The signers understand that a qualifying AOP is a conclusive finding of paternity subject to § 9-10-115 and is a basis for support or visitation proceedings without another paternity-establishment proceeding.

☐ The signers understand that the AOP does not itself open an OCSE support case or automatically award custody or visitation.

☐ The signers received current VR 25 rescission information and recorded the earlier statutory cutoff.

Official AOP source, revision, last notarized signature date, and filing proof: [________________________________]

PART 4 — SUMMONS AND DIRECTIONS FOR SERVICE

IN THE CIRCUIT COURT OF [____________________] COUNTY, ARKANSAS

[Caption]

SUMMONS
(Ark. R. Civ. P. 4; Ark. Code § 9-10-105)

THE STATE OF ARKANSAS TO DEFENDANT: [____________________________________]

A lawsuit has been filed against you. The relief demanded is stated in the attached Complaint. Within 30 days after service of this Summons on you (60 days if served outside Arkansas, or if you are incarcerated), you must file with the Clerk of this Court a written answer to the Complaint or a motion under Rule 12 of the Arkansas Rules of Civil Procedure.

If you fail to respond within the applicable time period, judgment by default may be entered against you for the relief demanded in the Complaint.

Additional notices may be sent to you by the Court. If you are a member of the armed forces, you must promptly notify the Court of your status.

Plaintiff's Attorney:
[ATTORNEY NAME], AR Bar No. [__________]
[Address] | [Phone] | [Email]

Date: [__/__/____] ____________________________________
Clerk of the Circuit Court

By: ____________________________________
Deputy Clerk

DIRECTIONS FOR SERVICE

PART 5 — MOTION FOR ORDER COMPELLING PATERNITY TESTING

IN THE CIRCUIT COURT OF [____________________] COUNTY, ARKANSAS

[Caption]

MOTION FOR ORDER COMPELLING SCIENTIFIC PATERNITY TESTING
(Ark. Code § 9-10-108)

[Plaintiff / Defendant / OCSE] moves the Court for an order compelling the parties and the minor child to submit to scientific paternity testing, stating:

1. This is an action under Ark. Code §§ 9-10-101 et seq. to establish paternity of [CHILD'S NAME].
2. Ark. Code § 9-10-108(a)(1) provides that, upon motion of either party, the trial court shall order the putative father, mother, and child to submit to scientific testing for paternity, which may include DNA testing.
3. Testing should be performed by a duly qualified expert (AABB-accredited laboratory).
4. Under § 9-10-108(a)(6), if test results establish a 95% or higher probability of paternity, a prima facie case of establishment of paternity arises, shifting the burden to the putative father to rebut.
5. Refusal to submit may be disclosed at trial and may be considered civil contempt under § 9-10-108(a)(7).

WHEREFORE, the moving party requests entry of the proposed Order tendered herewith.

Date: [__/__/____] ____________________________________
[Movant's Attorney]

CERTIFICATE OF SERVICE

I certify that on [__/__/____] I served the foregoing on all parties of record via [eflex / U.S. Mail / email] at the addresses on file.

____________________________________

PART 6 — PROPOSED ORDER FOR PATERNITY TESTING

IN THE CIRCUIT COURT OF [____________________] COUNTY, ARKANSAS

[Caption]

ORDER FOR SCIENTIFIC PATERNITY TESTING

Upon Motion of [moving party], and good cause appearing under Ark. Code § 9-10-108,

IT IS ORDERED:

1. The Plaintiff, Defendant, and minor child [____________________] shall submit to scientific testing for paternity, including DNA testing.

2. Testing shall be performed by [____________________________________], an AABB-accredited laboratory and duly qualified expert appointed by the Court.

3. Each party shall appear for sample collection within [____] days of this Order at the location designated by the laboratory.

4. The initial costs of testing shall be [advanced by ____________________ / advanced by OCSE in this IV-D case].

5. The written report of the testing expert, certified by affidavit, shall be admissible into evidence without calling the expert as a witness unless a motion challenging the test procedures or results is filed within thirty (30) days of trial and a bond posted to cover the expert's appearance fees, in accordance with § 9-10-108(a)(5).

6. If the test results establish a 95% or higher probability that Defendant is the biological father, a prima facie case is established and the burden shifts to Defendant to rebut under § 9-10-108(a)(6).

7. Refusal by any party to submit to testing shall be disclosed at trial and may be deemed civil contempt under § 9-10-108(a)(7).

8. Costs of testing and witness fees shall be taxed as costs in the case under § 9-10-108(a)(8).

SO ORDERED.

Date: [__/__/____] ____________________________________
Circuit Judge

PART 7 — DEFAULT JUDGMENT OF PATERNITY

IN THE CIRCUIT COURT OF [____________________] COUNTY, ARKANSAS

[Caption]

DEFAULT JUDGMENT OF PATERNITY, CUSTODY, AND SUPPORT
(Ark. R. Civ. P. 55)

This matter came before the Court on Plaintiff's Motion for Default Judgment. The Court finds:

1. The Complaint was filed on [__/__/____].
2. Defendant was served with Summons and Complaint on [__/__/____] in compliance with Ark. R. Civ. P. 4.
3. Defendant has failed to appear, plead, or otherwise defend within the time allowed.
4. The Servicemembers Civil Relief Act, 50 U.S.C. § 3931, does not bar entry of default (Affidavit of Non-Military Service on file).
5. The well-pleaded allegations of the Complaint are taken as admitted.
6. [Genetic test results have been filed establishing a probability of paternity of ___% / Defendant has signed an AOP that has not been timely rescinded / Plaintiff has presented sufficient corroborating evidence under § 9-10-108(a)(6)].

IT IS THEREFORE ORDERED, ADJUDGED, AND DECREED:

1. PATERNITY: Defendant is adjudicated to be the biological and legal father of [CHILD'S NAME], born [__/__/____].

2. LEGAL AND PHYSICAL CUSTODY: [As specified consistent with § 9-10-113 and best interests].

3. VISITATION: Per attached schedule.

4. CHILD SUPPORT: Defendant shall pay child support of $[__________] per month commencing [__/__/____], in accordance with Administrative Order No. 10.

5. MEDICAL SUPPORT: Defendant shall provide/maintain dependent health insurance if available at reasonable cost; uninsured medical expenses allocated [____]% / [____]%.

6. BIRTH CERTIFICATE: The Arkansas Division of Vital Records is directed to amend the child's birth certificate to reflect Defendant as the father.

7. PAST SUPPORT / BIRTH EXPENSES: Defendant shall reimburse $[__________].

8. ATTORNEY FEES AND COSTS: Defendant shall pay $[__________] under § 9-10-109(c).

SO ORDERED.

Date: [__/__/____] ____________________________________
Circuit Judge

PART 8 — FINAL ORDER OF PATERNITY, CUSTODY, AND SUPPORT

IN THE CIRCUIT COURT OF [____________________] COUNTY, ARKANSAS

[Caption]

FINAL ORDER OF PATERNITY, CUSTODY, VISITATION, AND CHILD SUPPORT

This matter came on for [trial / stipulated hearing] on [__/__/____]. The Court, having heard the evidence and being fully advised, makes the following findings and orders:

FINDINGS

1. The Court has subject-matter and personal jurisdiction under Ark. Code §§ 9-10-102, 9-10-105.
2. Arkansas is the child's home state under Ark. Code § 9-19-201.
3. The child [is / is not] an "Indian child" under ICWA; if Indian child, ICWA requirements satisfied.
4. Genetic test results show a [____]% probability that Defendant is the biological father of [CHILD'S NAME], establishing a prima facie case under § 9-10-108(a)(6), which has not been rebutted.
5. The best interests of the child are served by the orders below under Ark. Code § 9-10-113.
6. Child support is calculated under Administrative Order No. 10.

ORDERS

1. PATERNITY: [DEFENDANT NAME] is adjudicated the biological and legal father of [CHILD'S NAME], born [__/__/____].

2. LEGAL CUSTODY: [Joint legal custody / Sole legal custody to ____________________].

3. PHYSICAL CUSTODY: [Joint / Primary with ____________________].

4. VISITATION: As specified in the Parenting Plan attached as Exhibit A.

5. CHILD SUPPORT: [PAYING PARENT] shall pay child support of $[__________] per month, beginning [__/__/____], by income withholding under Ark. Code § 9-14-218. The Court reserves continuing jurisdiction to modify under Ark. Code § 9-10-115 and § 9-14-107.

6. MEDICAL SUPPORT: [PAYING PARENT] shall provide dependent health insurance if available at reasonable cost; uninsured medical expenses allocated [____]% / [____]%.

7. TAX EXEMPTION: Allocated to [____________________].

8. BIRTH CERTIFICATE: Pursuant to Ark. Code §§ 9-10-120(b), 20-18-401, the Arkansas Division of Vital Records is directed to issue an amended birth certificate reflecting Defendant as the father; the child's surname shall be [____________________].

9. PAST SUPPORT / BIRTH EXPENSES: $[__________], payable [______________________________].

10. ATTORNEY FEES AND COSTS: $[__________] awarded to [____________________] under § 9-10-109(c).

11. CONTINUING JURISDICTION: The Court retains continuing jurisdiction over the parties and the minor child under Ark. Code § 9-10-115.

SO ORDERED.

Date: [__/__/____] ____________________________________
Circuit Judge

PART 9 — NOTICE TO DIVISION OF VITAL RECORDS TO AMEND BIRTH CERTIFICATE

ARKANSAS DEPARTMENT OF HEALTH — DIVISION OF VITAL RECORDS
4815 W. Markham Street, Slot 44, Little Rock, AR 72205

RE: Amendment of Birth Certificate Following Adjudication of Paternity
Child's Name (current): [________________________________]
Date of Birth: [__/__/____]
Place of Birth: [________________________________]
State File Number: [____________________]

Pursuant to Ark. Code §§ 9-10-120(b) and 20-18-401, the undersigned transmits a certified copy of the [Order / Final Order] entered on [__/__/____] in the Circuit Court of [____________________] County, Arkansas, Case No. [____________________], adjudicating paternity of the above-named child, and respectfully requests amendment of the birth certificate as follows:

Enclosed: certified court order; statutory fee of $[________]; completed VR-103 amendment form (or current equivalent).

Date: [__/__/____] ____________________________________
[Requestor Signature, Printed Name, Address, Phone]

PART 10 — AOP RESCISSION AND COURT-CHALLENGE REFERENCE

DO NOT USE THIS PART AS THE VR 25 FORM OR A FILE-READY COURT MOTION
(Ark. Code §§ 9-10-115 and 9-10-120)

Participant respectfully records:

A. ADMINISTRATIVE RESCISSION BEFORE THE EARLIER CUTOFF

1. Rescinding signer signed the Arkansas AOP on [__/__/____]; the last notarized AOP signature was dated [__/__/____].
2. The first administrative or judicial proceeding relating to the child and involving the signer was or will be held on [__/__/____].
3. Counsel confirms that the VR 25 filing deadline is [__/__/____], the earlier applicable cutoff under Ark. Code § 9-10-115(c).
4. The rescinding signer obtained, notarized, and filed the official Arkansas Department of Health VR 25, Rescission of Acknowledgment of Paternity, and sent a copy to OCSE as instructed.
5. Vital Records receipt and OCSE delivery proof: [________________________________________________________].

B. COURT CHALLENGE AFTER THE RESCISSION CUTOFF

6. The administrative rescission cutoff has expired.
7. The AOP-based paternity establishment is challenged under Ark. Code § 9-10-115(d) based on: ☐ Fraud ☐ Duress ☐ Material mistake of fact.
8. Supporting facts: [________________________________________________________].
9. The challenger understands that the burden of proof is on the challenger.
10. If the specialized testing route in § 9-10-115(e) applies, the man was deemed the father through an AOP without scientific testing, was ordered to pay support, and seeks the one test available during the support-obligation period. An AOP-based motion must still satisfy subsection (d).
11. Support and other legal obligations remain in effect while the motion is pending unless the court states good cause for suspension.

RELIEF REQUESTED:

a. Set aside the paternity establishment if the statutory requirements are proved;
b. Order genetic testing if the specialized statutory route applies;
c. Apply the relief specified by § 9-10-115(f), including birth-record relief when applicable; and
d. Grant such other relief as is legally available.

Reviewed on: [__/__/____] ____________________________________
[Participant or reviewing attorney]

PART 11 — ICWA INQUIRY AND NOTICE

INQUIRY (complete and update)

NOTICE TO TRIBE / BIA — Where ICWA may apply, notice must be sent by registered or certified mail, return receipt requested, under 25 U.S.C. § 1912 to the parent or Indian custodian, the tribe(s), and, if not identifiable, the BIA. Proceedings shall not occur until at least 10 days after receipt of notice (30 days if requested).

PART 12 — SOURCES AND REFERENCES

• Arkansas Act 1091 of 1995 — original § 9-10-120 and related provisions: https://arkleg.state.ar.us/Home/FTPDocument?path=%2FACTS%2F1995%2FPublic%2F1091.pdf
• Arkansas Act 1296 of 1997, § 9 — amendments to § 9-10-120: https://arkleg.state.ar.us/Home/FTPDocument?path=%2FACTS%2F1997%2FPublic%2F1296.pdf
• Arkansas Act 1736 of 2001 — § 9-10-115 rescission, challenge, and testing: https://arkleg.state.ar.us/Home/FTPDocument?path=%2FACTS%2F2001%2FPublic%2FACT1736.pdf
• Arkansas Act 60 of 2007 — current § 9-10-115(f) relief: https://arkleg.state.ar.us/Home/FTPDocument?path=%2FACTS%2F2007%2FPublic%2FACT60.pdf
• Arkansas Act 1254 of 1995, § 22 — § 20-18-408 notice requirements: https://arkleg.state.ar.us/Home/FTPDocument?path=%2FACTS%2F1995%2FPublic%2F1254.pdf
• Ark. Code § 9-10-103 — Temporary orders; administrative paternity testing
• Ark. Code § 9-10-108 — Paternity test
• Ark. Code § 9-10-120 — Acknowledgment of paternity
• Ark. Code § 20-18-408 — Voluntary acknowledgment notice and Vital Records filing
• Arkansas Administrative Order No. 10 — Child Support Guidelines
• Arkansas Office of Child Support Enforcement: https://www.dfa.arkansas.gov/office/child-support-enforcement/
• Ark. R. Civ. P. 4 — Service of process
• Ark. Code §§ 9-19-201 et seq. — UCCJEA
• 25 U.S.C. §§ 1901–1963 — Indian Child Welfare Act

END OF ARKANSAS PATERNITY / PARENTAGE PETITION PACKAGE