Phoenix, AZ asked in Child Support for Arizona

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!

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1 Lawyer Answer
Stephen M Vincent
Stephen M Vincent
  • Scottsdale, AZ
  • Licensed in Arizona

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.

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