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 ACKNOWLEDGMENT OF PATERNITY (Reference Form)

STATE OF ARKANSAS — DIVISION OF VITAL RECORDS / OCSE
ACKNOWLEDGMENT OF PATERNITY (Reference)
(Ark. Code §§ 9-10-120, 20-18-408, 20-18-409)

CHILD INFORMATION

MOTHER'S STATEMENT (under penalty of perjury)

1. I am the biological mother of the child identified above.
2. I [was / was not] married at the time of conception, birth, or any time during the 300 days preceding birth.
3. [ALLEGED FATHER NAME] is the biological father of the child.
4. I have received written notice of the alternatives to, the legal consequences of, and the rights and responsibilities arising from signing this Acknowledgment.
5. I understand this Acknowledgment, once filed with Vital Records, has the legal effect of a conclusive finding of paternity under Ark. Code § 9-10-120.
6. I understand my right to rescind within 60 days, and that after 60 days I may challenge it only for fraud, duress, or material mistake of fact.

____________________________________ Date: [__/__/____]
Mother's Signature

FATHER'S STATEMENT (under penalty of perjury)

1. I am the biological father of the child identified above.
2. I have received written notice of the legal consequences and my right to genetic testing, which I waive by signing.
3. I understand the 60-day rescission period and the limited grounds for later challenge.
4. I consent to entry of my name on the child's birth certificate as the father.

____________________________________ Date: [__/__/____]
Father's Signature

NOTARIZATION (if required; AOP also valid with hospital witness per OCSE procedures)

State of Arkansas, County of [____________________]
Subscribed and sworn before me on [__/__/____].

____________________________________
Notary Public

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 — PETITION TO RESCIND / CHALLENGE ACKNOWLEDGMENT OF PATERNITY

IN THE CIRCUIT COURT OF [____________________] COUNTY, ARKANSAS

[Caption]

PETITION TO RESCIND OR CHALLENGE ACKNOWLEDGMENT OF PATERNITY
(Ark. Code §§ 9-10-115, 9-10-120; 20-18-408, 20-18-409)

Petitioner respectfully states:

A. RESCISSION WITHIN 60 DAYS

1. Petitioner signed an Arkansas Acknowledgment of Paternity on [__/__/____].
2. This Petition is filed within 60 days of signing, and before any administrative or judicial proceeding to which Petitioner is a party relating to the child.
3. Petitioner rescinds the Acknowledgment and requests notice to the Division of Vital Records.

B. CHALLENGE AFTER 60 DAYS — FRAUD, DURESS, OR MATERIAL MISTAKE OF FACT

4. More than 60 days have elapsed since Petitioner signed the Acknowledgment.
5. The Acknowledgment was procured by [fraud / duress / material mistake of fact] in that: [________________________________________________________].
6. Petitioner has obtained genetic test results from [____________________________________] (AABB-accredited) showing a [____]% probability of [exclusion / inclusion], filed herewith.
7. Under Ark. Code § 9-10-115(b)–(c), if the original determination did not include genetic test results, the court may set aside the prior finding upon proper showing; however, the Court must consider the best interests of the child.

RELIEF REQUESTED:

a. Order rescinding or setting aside the Acknowledgment;
b. Order for additional genetic testing if appropriate;
c. Direction to the Division of Vital Records to amend the birth certificate;
d. Prospective termination of child-support obligation;
e. Such other relief as is just.

Date: [__/__/____] ____________________________________
[Petitioner Signature — Verified]

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

• Ark. Code §§ 9-10-101 et seq. — Paternity: https://law.justia.com/codes/arkansas/title-9/subtitle-2/chapter-10/
• 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, 20-18-409 — Voluntary Acknowledgment; Vital Records
• 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