San Marcos, CA asked in Family Law and Child Support for Arizona

Q: In Arizona. I signed an affidavit of paternity thinking I was father. DNA test says I'm not. I understand it's going to

be difficult. Mother also signed but was only 17 when signed. I called DES and they said that if you're old enough to have baby they accept.

Is this legally correct?

Hoping to void because of this.

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1 Lawyer Answer
Mike Branum
Mike Branum
  • Saint George, UT
  • Licensed in Arizona

A: Under A.R.S. 25-812(E), voluntary acknowledgements of paternity not rescinded within 60 days of the last signature may only be challenged on the basis of fraud, duress, or material mistake of fact with the burden of proof on you as the challenger. If you prevail, you will have no further obligation but are still responsible for any child support up to the date of filing of the challenge.

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