Arizona Paternity / Parentage Petition Packet

Arizona Paternity / Parentage Petition Packet

Part 1: Pre-Petition Checklist

☐ Confirm jurisdiction and venue (A.R.S. § 25-803): Superior Court of the county where the mother, father, or child resides.
☐ Confirm standing under A.R.S. § 25-803(A): mother, person claiming to be the father, the child, public welfare official (DES, Attorney General), or guardian/conservator.
☐ Determine whether an Acknowledgment of Paternity (AZDES form) has been signed and filed with the Department of Economic Security, Department of Health Services, or Clerk of the Superior Court. If yes, paternity is established by operation of A.R.S. § 25-812(D) and the appropriate action is to file under A.R.S. § 25-812(E) to challenge.
☐ Evaluate any presumption of paternity under A.R.S. § 25-814 (marriage at birth or within 10 months of termination; genetic testing at 95%+; both parents signed birth certificate or AOP). Note: if presumed father exists, AOP requires presumed father's written consent (A.R.S. § 25-812(A)(1)).
☐ Conduct Putative Father Registry inquiry / check (A.R.S. § 8-106.01) — within 30 days of child's birth for adoption-related cases.
☐ ICWA inquiry: ascertain whether child is or may be an "Indian child" under 25 U.S.C. § 1903(4).
☐ Title IV-D status: DES Division of Child Support Services involvement; mandatory party in IV-D cases.
☐ Gather: certified birth certificate, photo ID, financial information for Arizona Child Support Guidelines (A.R.S. § 25-320 and Schedule), Affidavit Regarding Children, Sensitive Data Sheet (Form), Putative Father Registry inquiry response.
☐ Filing fee: approximately $349 (varies by county) for new paternity petition; deferral/waiver via Application for Deferral or Waiver of Court Fees.
☐ Concurrent legal decision-making (custody) and parenting-time issues filed under A.R.S. §§ 25-401 to 25-414.
☐ Court will not charge filing fee for related custody/support proceeding within 90 days of paternity order entered under A.R.S. § 25-812(B) (within same county).

Part 2: Verified Petition to Establish Paternity, Legal Decision-Making, Parenting Time, and Child Support

SUPERIOR COURT OF ARIZONA
[____________________] COUNTY

Case No.: FC[____________]-[____]

VERIFIED PETITION TO ESTABLISH PATERNITY, LEGAL DECISION-MAKING, PARENTING TIME, AND CHILD SUPPORT

Petitioner, [PETITIONER FULL LEGAL NAME], pursuant to A.R.S. § 25-801 et seq., petitions this Court as follows:

1. Petitioner. Petitioner resides at [________________________________], [_____________], Arizona [_______], in [____________________] County, and has resided in Arizona for at least ninety (90) days immediately preceding the filing of this Petition. Petitioner is [the biological mother of the child / a man claiming to be the biological father of the child / the child's guardian / DES IV-D agency on behalf of the child] and has standing under A.R.S. § 25-803(A).

2. Respondent. Respondent, [RESPONDENT FULL LEGAL NAME], resides at [________________________________], [_____________], [_____________] [_______]. Respondent is [the alleged biological father / the biological mother].

3. Jurisdiction and Venue. This Court has subject matter jurisdiction under A.R.S. §§ 25-801, 25-401, and 25-1001 et seq. (UCCJEA). Venue is proper in [____________________] County because [Petitioner / Respondent / the child] resides in this County (A.R.S. § 25-803).

4. The Child. [CHILD FULL LEGAL NAME], the child whose paternity is at issue, was born on [__/__/____] in [_____________], [_____________]. A certified copy of the child's birth certificate is attached as Exhibit A. The child has resided at the following addresses during the past five (5) years (UCCJEA disclosure, A.R.S. § 25-1039):

5. Marital Status; Presumption of Paternity.
☐ Petitioner and Respondent were never married. No presumption of paternity under A.R.S. § 25-814 applies.
☐ Petitioner / Respondent was married to [_____________________] at the time of the child's birth or within ten months before the birth, creating a presumption under A.R.S. § 25-814(A). [Address joinder and rebuttal.]
☐ A genetic test has been performed showing [____]% probability of paternity — presumption under A.R.S. § 25-814(A)(3) applies.

6. Acknowledgment of Paternity.
☐ No Acknowledgment of Paternity (AZDES form) has been signed.
☐ An Acknowledgment of Paternity was executed on [__/__/____] and filed with [DES / DHS / Clerk of Superior Court]. [If challenge sought, state grounds per A.R.S. § 25-812(E).]

7. Putative Father Registry. The Putative Father Registry has been searched for any other man who may claim paternity. Results: [_____________________________________].

8. Genetic Testing. Petitioner requests that the Court order genetic testing under A.R.S. § 25-807. A genetic test that demonstrates a probability of paternity of ninety-five percent (95%) or greater creates a rebuttable presumption of paternity (A.R.S. § 25-807(G)).

9. Legal Decision-Making and Parenting Time. Petitioner requests that the Court enter orders concerning legal decision-making (custody) under A.R.S. § 25-403 and parenting time under A.R.S. § 25-403.02, considering the factors at A.R.S. § 25-403(A) (best interests of the child). Petitioner proposes:

10. Child Support. Petitioner requests that the Court enter a child support order under the Arizona Child Support Guidelines, A.R.S. § 25-320, retroactive as authorized by A.R.S. § 25-320(C) and § 25-809(B) (up to three (3) years prior to filing).

11. Health Insurance. Petitioner requests an order requiring [Party] to provide health insurance for the child if reasonably available.

12. Title IV-D Status.
☐ Neither Petitioner nor the child receives or has received public assistance for this child.
☐ Public assistance (TANF, Medicaid/AHCCCS) has been received; DES Division of Child Support Services is joined as a necessary party.

13. ICWA Inquiry. The child [is / is not / may be] an "Indian child" under 25 U.S.C. § 1903(4). [If yes:] Notice will be served on the [__________________ Tribe] and BIA Western Regional Director under 25 U.S.C. § 1912(a).

14. Domestic Violence. ☐ There has been no domestic violence between the parties. ☐ There has been domestic violence; details set forth in Affidavit Regarding Children (separate filing).

WHEREFORE, Petitioner requests that the Court enter Orders:

a. Adjudicating Respondent to be the biological father of [CHILD FULL LEGAL NAME];
b. Compelling genetic testing under A.R.S. § 25-807;
c. Directing the State Registrar (Department of Health Services) to amend the child's birth certificate to reflect Respondent as the father under A.R.S. § 36-334;
d. Awarding legal decision-making and parenting time per Petitioner's proposal;
e. Ordering child support, including retroactive support, under the Arizona Child Support Guidelines;
f. Ordering Respondent to provide health insurance if reasonably available;
g. Awarding costs, including the cost of genetic testing under A.R.S. § 25-807(E); and
h. Granting such further relief as is just.

Dated: [__/__/____]

_______________________________
[PETITIONER NAME], Petitioner

_______________________________
[ATTORNEY NAME], SBA No. [____________]
[Firm Name]
[Address]
[Phone] | [Email]
Attorney for Petitioner

VERIFICATION

State of Arizona, County of [____________________]

I, [PETITIONER NAME], declare under penalty of perjury under the laws of the State of Arizona that I am the Petitioner herein, have read the foregoing Verified Petition, and that the matters stated therein are true and correct to the best of my knowledge.

_______________________________
[PETITIONER NAME]

Subscribed and sworn to before me this [____] day of [__________], [______].

_______________________________
Notary Public

Part 3: Acknowledgment of Paternity (AZDES Form)

STATE OF ARIZONA
DEPARTMENT OF ECONOMIC SECURITY
DIVISION OF CHILD SUPPORT SERVICES
ACKNOWLEDGMENT OF PATERNITY (A.R.S. § 25-812)

Child Information

Mother

Father

Notice of Alternatives, Legal Consequences, and Rights and Responsibilities (A.R.S. § 25-812(F))

Before signing this Acknowledgment, both parties acknowledge having received notice — orally and in writing — of:

☐ The alternatives to signing, including the right to genetic testing (A.R.S. § 25-807) and court adjudication;
☐ Legal consequences: a signed and filed Acknowledgment has the same force and effect as a judgment of the Superior Court (A.R.S. § 25-812(D));
☐ Rights and responsibilities arising from establishment of paternity, including child support, legal decision-making, parenting time, inheritance, and benefits;
☐ Right to rescind within the earlier of: (a) sixty (60) days after the last signature is affixed and filed, OR (b) the date of a proceeding relating to the child (including but not limited to a child-support proceeding) to which the signatory is a party (A.R.S. § 25-812(H); 42 U.S.C. § 666(a)(5));
☐ After 60 days, the AOP may be challenged ONLY under Rule 85, Ariz. R. Fam. L. P., on grounds of fraud, duress, or material mistake of fact, with the burden of proof on the challenger (A.R.S. § 25-812(E));
☐ Legal responsibilities, including child support, shall NOT be suspended during a challenge except for good cause shown.

If Another Man Is Presumed Father (A.R.S. § 25-814): This Acknowledgment is valid only with the written consent of the presumed father, [____________________________________], whose consent is attached.

Sworn Statement

We, the undersigned, voluntarily acknowledge that [FATHER NAME] is the biological father of the above-named child.

_______________________________ Date: [__/__/____]
Mother

_______________________________ Date: [__/__/____]
Father

Notarization OR Witness

State of Arizona, County of [____________________]

☐ Notarized:
Sworn to and subscribed before me this [____] day of [__________], [______].
_______________________________
Notary Public

☐ Witnessed (witness must be an adult unrelated by blood or marriage to either party):
_______________________________
Witness Signature
Printed Name: [____________________]
Residential or Business Address: [________________________________]

Part 4: Summons and Service

SUPERIOR COURT OF ARIZONA
[____________________] COUNTY

Case No.: FC[____________]-[____]

SUMMONS

TO: [RESPONDENT FULL LEGAL NAME], at [________________________________]

A lawsuit has been filed against you in the Superior Court of Arizona, [____________________] County, by the Petitioner asking the Court to establish that you are the legal father of [CHILD FULL LEGAL NAME], and to enter orders for legal decision-making, parenting time, and child support.

You must file a written Response with the Clerk of the Superior Court WITHIN TWENTY (20) DAYS after service of this Summons in the State of Arizona (THIRTY (30) DAYS if served outside Arizona), exclusive of the day of service. Failure to file a Response may result in default judgment.

You have the right to be represented by a lawyer. You have the right to request genetic testing under A.R.S. § 25-807.

REQUESTS FOR REASONABLE ACCOMMODATION for persons with disabilities must be made to the division assigned to the case by parties at least three (3) judicial days in advance of a scheduled court proceeding.

Date Issued: [__/__/____]

_______________________________
Clerk of the Superior Court

CERTIFICATE OF SERVICE / AFFIDAVIT OF SERVICE

State of Arizona, County of [____________________]

The undersigned certifies under oath that on [__/__/____] at [____] [a.m./p.m.], the Summons, Petition, and accompanying documents were served on [RESPONDENT NAME] at [________________________________] by:

☐ Personal service (Rule 41, Ariz. R. Fam. L. P.)
☐ Substituted service on suitable household member 16+
☐ Service by publication pursuant to order entered [__/__/____] (Rule 41(I))
☐ Acceptance of service signed by Respondent (Rule 41(B))

_______________________________
[Process Server / Sheriff]

Part 5: Motion to Compel Genetic Testing and Proposed Order

SUPERIOR COURT OF ARIZONA
[____________________] COUNTY

Case No.: FC[____________]-[____]

MOTION TO COMPEL GENETIC TESTING

Movant, [MOVANT NAME], by counsel, pursuant to A.R.S. § 25-807 and § 25-818, respectfully moves this Court for an Order requiring [parties and the minor child] to submit to genetic testing.

Grounds:

1. The paternity of [CHILD FULL LEGAL NAME], born [__/__/____], is contested.

2. A.R.S. § 25-807(C) provides that in any contested paternity proceeding, the Court shall order the mother, child, and alleged father to submit to genetic testing on the request of any party.

3. Test results showing a probability of paternity of ninety-five percent (95%) or greater create a rebuttable presumption of paternity (A.R.S. § 25-807(G)).

4. Testing should be performed by [_____________________ Laboratory], an accredited facility, by buccal swab.

5. The cost may be advanced by the requesting party or DES if the case is IV-D, and may be assessed against the alleged father whose paternity is established (A.R.S. § 25-807(E)).

WHEREFORE, Movant requests entry of the attached Proposed Order.

Dated: [__/__/____]

_______________________________
[ATTORNEY NAME], SBA No. [____________]

[PROPOSED] ORDER COMPELLING GENETIC TESTING

THIS MATTER having been considered on Motion to Compel Genetic Testing, and good cause appearing:

IT IS ORDERED:

1. Pursuant to A.R.S. § 25-807, [PETITIONER NAME], [RESPONDENT NAME], and the minor child [CHILD FULL LEGAL NAME] shall submit to genetic testing at [_____________________ Laboratory] within thirty (30) days of this Order.

2. Testing shall comply with A.R.S. § 25-818 (procedures and qualifications).

3. The certified test report shall be transmitted directly to the Court and counsel of record within twenty-one (21) days of testing.

4. Cost shall be advanced by [Movant / DES] and may be assessed against [party] upon final order pursuant to A.R.S. § 25-807(E).

5. Failure to submit to testing without good cause may result in entry of default and adjudication of paternity against the noncompliant party.

DATED this [____] day of [__________], [______].

_______________________________
JUDGE / COMMISSIONER

Part 6: Default Decree Establishing Paternity

SUPERIOR COURT OF ARIZONA
[____________________] COUNTY

Case No.: FC[____________]-[____]

DEFAULT DECREE ESTABLISHING PATERNITY

The Court FINDS:

a. The Petition was filed on [__/__/____];
b. Respondent [RESPONDENT NAME] was served with the Summons and Petition on [__/__/____];
c. The time for Response has expired;
d. Default was entered by the Clerk on [__/__/____];
e. [Genetic test results showing [____]% probability of paternity are filed / Respondent failed to submit to court-ordered genetic testing];
f. All requirements of A.R.S. § 25-807 and § 25-809 have been satisfied.

IT IS ORDERED, ADJUDGED, AND DECREED:

1. [RESPONDENT FULL LEGAL NAME] is established as the legal father of [CHILD FULL LEGAL NAME], born [__/__/____], pursuant to A.R.S. § 25-807.

2. The Arizona Department of Health Services, Office of Vital Records, is directed to amend the child's birth certificate to reflect Respondent as the father, pursuant to A.R.S. § 36-334.

3. Respondent shall pay child support to Petitioner in the amount of $[____________] per month pursuant to the Arizona Child Support Guidelines (A.R.S. § 25-320), payable through Support Payment Clearinghouse by income withholding.

4. Retroactive support is established in the amount of $[____________] for the period from [__/__/____] through [__/__/____] (not to exceed three (3) years prior to filing under A.R.S. § 25-320(C)).

5. Respondent shall provide health insurance for the child if reasonably available through employment.

6. Legal decision-making is awarded to [Petitioner], parenting time to Respondent as set forth in the attached Parenting Plan (or RESERVED).

7. Costs, including genetic testing of $[____________], are awarded against Respondent (A.R.S. § 25-807(E)).

DATED this [____] day of [__________], [______].

_______________________________
JUDGE / COMMISSIONER

Part 7: Decree Establishing Paternity with Child Support Reservation

SUPERIOR COURT OF ARIZONA
[____________________] COUNTY

Case No.: FC[____________]-[____]

DECREE ESTABLISHING PATERNITY, LEGAL DECISION-MAKING, PARENTING TIME, AND CHILD SUPPORT

This matter came on for trial on [__/__/____] before the Honorable [_______________]. The Court heard testimony and considered the genetic test results, evidence, and arguments of counsel, and made findings of fact and conclusions of law [on the record / in a separate written ruling].

Pursuant to A.R.S. § 25-809, IT IS ORDERED, ADJUDGED, AND DECREED:

1. Paternity. [RESPONDENT FULL LEGAL NAME] is established as the legal father of the minor child [CHILD FULL LEGAL NAME], born [__/__/____] in [_____________], [_____________].

2. Birth Certificate. The Arizona Department of Health Services, Office of Vital Records, is directed to amend the child's certificate of birth pursuant to A.R.S. § 36-334 to reflect Respondent as the father.

3. Child's Surname. ☐ Remains [____________________]. ☐ Changed to [____________________].

4. Legal Decision-Making (A.R.S. § 25-403). ☐ Joint legal decision-making is awarded. ☐ Sole legal decision-making is awarded to [____________________].

5. Parenting Time (A.R.S. § 25-403.02). Parenting time shall be as set forth in the Parenting Plan attached hereto, OR is RESERVED for separate determination.

6. Child Support. ☐ Established at $[____________] per month pursuant to the attached Child Support Worksheet under A.R.S. § 25-320 and the Arizona Child Support Guidelines. ☐ RESERVED pending receipt of complete Affidavits of Financial Information from both parties; separate Order to be entered within sixty (60) days.

7. Retroactive Support. $[____________] for the period [__/__/____] through [__/__/____] (not exceeding three (3) years before filing per A.R.S. § 25-320(C)), payable at $[____________] per month in addition to current support.

8. Health Insurance and Unreimbursed Medical. [Party] shall provide health insurance if reasonably available. Unreimbursed medical, dental, and vision expenses shall be allocated [____]% Petitioner / [____]% Respondent.

9. Income Withholding. Income withholding shall issue immediately under A.R.S. § 25-504.

10. Filing Fee Waiver for Related Action. Pursuant to A.R.S. § 25-812(C), no filing fee shall be charged to any person who, in the same county, initiates or responds to a proceeding to establish child support or to obtain an order for custody or parenting time within ninety (90) days after entry of this Order.

11. Costs and Attorney's Fees. Costs of $[____________] (including genetic testing) [and reasonable attorney's fees of $[____________] pursuant to A.R.S. § 25-324] are awarded against [party].

12. Continuing Jurisdiction. This Court retains continuing jurisdiction.

DATED this [____] day of [__________], [______].

_______________________________
JUDGE / COMMISSIONER

Part 8: Notice to Amend Birth Certificate

TO: Arizona Department of Health Services
Office of Vital Records
P.O. Box 3887, Phoenix, AZ 85030-3887

Re: Amendment of Birth Certificate Pursuant to A.R.S. § 36-334

Please amend the above-referenced Birth Certificate as follows:

☐ Add father: [____________________________________], DOB [__/__/____], place of birth [____________________];
☐ Change child's surname to: [____________________];
☐ Other: [____________________________________].

A certified copy of the Decree Establishing Paternity is enclosed, together with the required amendment fee of $[____________] (or fee-waiver order attached).

Submitted by:
[ATTORNEY NAME], SBA No. [____________] / [PARTY NAME]
[Address]
[Phone] | [Email]

Date: [__/__/____]

Part 9: Petition to Rescind or Challenge Voluntary Acknowledgment of Paternity

SUPERIOR COURT OF ARIZONA
[____________________] COUNTY

Case No.: FC[____________]-[____]

PETITION TO RESCIND OR SET ASIDE ACKNOWLEDGMENT OF PATERNITY

Petitioner, [PETITIONER NAME], pursuant to A.R.S. § 25-812 and Rule 85, Ariz. R. Fam. L. P., petitions the Court as follows:

1. Background. Petitioner and [OTHER PARTY NAME] executed a Voluntary Acknowledgment of Paternity on [__/__/____] regarding the minor child [CHILD FULL LEGAL NAME], born [__/__/____]. The AOP was filed with [DES / DHS / Clerk] on [__/__/____].

2. Grounds — Check One.

☐ Rescission within the 60-day window under A.R.S. § 25-812(H). This Petition is filed on [__/__/____], within the earlier of: (a) sixty (60) days after the last signature was affixed and filed, OR (b) the date of any proceeding relating to the child to which Petitioner is a party.

☐ Challenge after the 60-day window under A.R.S. § 25-812(E) and Rule 85, Ariz. R. Fam. L. P., on grounds (burden on challenger):
☐ Fraud — [specifically describe]
☐ Duress — [specifically describe]
☐ Material mistake of fact — [specifically describe]

3. Genetic Testing Required. Per A.R.S. § 25-812(E), upon timely challenge the Court SHALL order the mother, child, and alleged father to submit to genetic testing.

4. Effect on Support. Petitioner acknowledges that legal responsibilities arising from the AOP, including child support, shall NOT be suspended during this challenge except for good cause shown.

5. Prospective Effect Only. Petitioner acknowledges that, even if the AOP is set aside, the Order vacating paternity operates prospectively only and does not alter the obligation to pay child support arrearages already accrued (A.R.S. § 25-812(E)).

Relief Requested:
a. Order rescinding the AOP OR vacating the determination of paternity;
b. Order compelling genetic testing under A.R.S. § 25-807 and § 25-812(E);
c. Termination of prospective child support obligation if AOP set aside;
d. Direction to the Department of Health Services to amend the birth certificate;
e. Such further relief as is just.

Dated: [__/__/____]

_______________________________
[PETITIONER NAME]

Verification and Notary block as in Part 2.

Part 10: ICWA Inquiry and Notice

ICWA INQUIRY DECLARATION

I, [DECLARANT NAME], declare under penalty of perjury under the laws of the State of Arizona:

1. I am the [Petitioner / Respondent / GAL] in the above-captioned paternity proceeding.
2. I have inquired of all parties and known relatives whether the minor child [CHILD FULL LEGAL NAME] is or may be an "Indian child" as defined in 25 U.S.C. § 1903(4), meaning (a) a member of a federally recognized Indian tribe, or (b) eligible for membership and the biological child of a member of such tribe.
3. Results of inquiry:
   ☐ The child is NOT known or believed to be an Indian child. Inquiry is continuing.
   ☐ The child IS or MAY BE an Indian child. Tribe(s) identified: [_____________________________________]. Notice will be served on the tribal designated agent and the BIA Western Regional Director (Phoenix Area Office) under 25 U.S.C. § 1912(a) and 25 C.F.R. Part 23.

Dated: [__/__/____]

_______________________________
[DECLARANT NAME]

ICWA NOTICE (if applicable): Notice of this paternity proceeding shall be served by registered or certified mail, return receipt requested, on the tribal designated agent and the BIA Regional Director not less than ten (10) days before any proceeding that may affect the child's status.

Sources and References

• A.R.S. Title 25, Chapter 6 (Maternity and Paternity Proceedings): https://www.azleg.gov/arsDetail/?title=25
• A.R.S. § 25-812 (Voluntary Acknowledgment of Paternity): https://www.azleg.gov/ars/25/00812.htm
• A.R.S. § 25-807 (Court proceedings; genetic testing)
• A.R.S. § 25-814 (Presumption of paternity)
• A.R.S. § 36-334 (Amendment of birth certificate)
• Arizona Department of Economic Security, Division of Child Support Services: https://des.az.gov/dcss
• Arizona Department of Health Services, Office of Vital Records: https://www.azdhs.gov/licensing/vital-records/
• Arizona Rules of Family Law Procedure (Rule 85)
• Arizona Child Support Guidelines (Schedule of Basic Support Obligations)
• Pima County Superior Court Self-Service Packet 18 — Petition to Establish Paternity
• 42 U.S.C. § 666(a)(5) (federal mandates for AOP programs)
• 25 U.S.C. § 1901 et seq. (Indian Child Welfare Act)
• A.R.S. § 8-106.01 (Putative Father Registry)