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Paternity cases establish the legal relationship between parents and children. These cases often include:
Paternity testing
Legal decision-making
Parenting time
Child support
Arrears calculations
Post-Decree cases involve issues that arise after paternity orders are entered. These matters can be just as complex and emotionally driven as any other family law matter.
Post-Decree cases often include:
Enforcing or modifying legal decision-making
Enforcing or modifying parenting time
Enforcing or modifying child support
Arrears calculations
Enforcement of previous Court orders
Modification of previous Court orders
Orders of Protection
Having an experienced family law attorney to help guide you through Paternity or Post-Decree family law process may help prevent tragic issues from harming you or your children.
Do not navigate paternity alone. Call Castle Law at (480) 542-5885 or reach out online to schedule your consultation.
To get a court-ordered paternity test in Arizona, a party must ask the court to establish or determine paternity. If paternity is disputed, a judge can order genetic testing and require the alleged father, mother, and child to provide DNA samples.
The process typically begins when a parent, guardian, or government agency files a paternity action with the court. Once testing is completed, the results are submitted to the judge, who may use them to establish legal paternity and determine parental rights and responsibilities.
A court-ordered paternity test can affect:
Because a paternity determination can have long-term legal consequences, it is often beneficial to speak with a Mesa family law attorney before filing.
Yes. Paternity can sometimes be contested during a divorce or after a divorce has been finalized, depending on the circumstances.
Arizona law generally presumes that a child born during a marriage is the husband’s legal child. However, that presumption may be challenged with evidence, including DNA testing. If paternity is disputed during a divorce, the issue should be addressed as early as possible because it may affect child support, custody, and parental rights.
Contesting paternity after a divorce is often more complicated. Courts typically consider factors such as existing court orders, the amount of time that has passed, and the child’s best interests before allowing a challenge.
Because strict deadlines may apply, anyone seeking to challenge paternity should consult an attorney promptly.
The cost of a paternity test depends on the type of test being performed and whether the results will be used in court.
An at-home DNA test is generally the least expensive option and may cost a few hundred dollars. A legal paternity test that meets court requirements is typically more expensive because it must follow strict identification and chain-of-custody procedures. Prenatal paternity testing is usually the most expensive option.
Additional costs may arise if paternity testing is part of an ongoing family law case. In some situations, a judge may decide which party is responsible for paying the testing costs.
If you need a paternity test for legal purposes, it is important to use a laboratory whose results will be accepted by the court.
Yes. Paternity can often be determined during pregnancy through a prenatal DNA test.
The most common method is a non-invasive prenatal paternity test, which compares the alleged father’s DNA with fetal DNA obtained through a blood sample from the mother. This testing can often be performed early in pregnancy and does not require a sample to be taken directly from the fetus.
Prenatal paternity testing may be helpful when parents want answers before birth or when legal issues involving paternity are expected to arise.
If the results may be used in a court proceeding, it is important to ensure the testing is performed through a qualified laboratory that follows legally recognized procedures.
Most paternity test results are available within a few days to two weeks after the laboratory receives all required samples.
The exact timeline depends on the type of testing, the laboratory involved, and whether the test is being conducted for personal or legal purposes. Court-ordered testing may take longer because of scheduling requirements and court procedures.
Once the results are completed, they can be used to establish or challenge paternity and may become part of a family law case involving child support, custody, or parenting time.
If time is a concern, many laboratories offer expedited processing options.
A non-invasive prenatal paternity test can often be performed as early as seven weeks into pregnancy, depending on the testing provider.
After a child is born, paternity testing can be completed at virtually any age. Most tests require only a simple cheek swab from the child and the alleged father, making the process quick and non-invasive.
The right time to pursue paternity testing depends on your goals. Some parents seek testing during pregnancy, while others wait until after birth or until a legal dispute arises.
If paternity may affect child support, custody, or parental rights, obtaining legal guidance before testing can help ensure the results will be useful in court.
