Phoenix, AZ asked in Family Law and Child Custody for Arizona

Q: If my ex husband is on the birth certificate and another man is claiming to be the father then is he able be added to bc

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2 Lawyer Answers
Mike Branum
Mike Branum
Answered
  • Saint George, UT
  • Licensed in Arizona

A: The alleged biological father would need to file a petition for paternity and be DNA tested. If proven to be the biological father the Court can place him on the birth certificate.

Stephen M Vincent agrees with this answer

Stephen M Vincent
Stephen M Vincent
Answered
  • Divorce Lawyer
  • Scottsdale, AZ
  • Licensed in Arizona

A: I agree with what Mr. Branum, but I add that a DNA test only provides a presumption of paternity in Arizona. If your ex-husband was married to you within 10 months of conception, then he too has a presumption of paternity. The Court must choose between the two of them who will be the legal father. Under the statute, they do so "weighing policy and logic." Additionally, recent case law has suggested Courts be cautious not to dissolve established bonds the child might have with one of the potential parents, even writing that the social relationship is much more important to a child than the biological relationship.

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