Q: Paternity and child support
I am planning on filing to establish paternity just to prove that he’s the father. Am I, as the mother, allowed to decline child support from the father, or would the AZ courts require this to be paid for the child? In addition, if he dies and paternity is established, would the child receive anything financially as a result of his death? He has stated he wants nothing to do with the child and will not come after me for parental rights, what if he refuses a paternity test?
Thank you!
A:
You can file just to establish paternity. You are not required to seek child support.
If dies and paternity is established, the child would inherit from the father, but ONLY IF the father dies without a will or trust. If he dies with a will or trust in place, he can choose to include or exclude your child from an inheritance.
If he is Court-ordered to do a DNA test, he will have to comply or he could face legal consequences.
I know he has said he will not come after you for parental rights. He can still legally request his parental rights, and in Arizona, that would generally mean he would get equal parenting time and joint legal decision-making, meaning he would have rights equal to yours.
1 user found this answer helpful
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
