Attorney at Law
FOR LAWYERS

In paternity lawsuits, a man who is not a child’s biological father can file for custody of a child if the biological father is not emotionally or financially supportive of the child. But what happens if both the biological father and non-biological parent have both spent significant time with the child and have shown to be supportive? 

In a late-October ruling issued in Phoenix, an Arizona appeals court ruled for a paternity claim in favor of a man who is not a child’s biological father. The non-biological father had previously voluntarily claimed paternity. The court granted the paternity claim to the non-biological father even though another man could prove via DNA testing that he is the child’s genetic father. 

However, in providing “permanency and stability” for the child, the court ruled that voluntary acknowledgment of paternity “creates a presumption of paternity like that arising from a marriage or a birth certificate," US News & World Report reported

The reason the biological father wasn’t approved for paternity was that he failed to meet the timeframe necessary for contesting the voluntary paternity claim filed by the non-biological father. 

The child’s biological mother had said during the trial that neither of the men knew of the other’s relationship with the mother when the child was conceived. Reporting by US News & World Report does not mention whether the men knew each other. 

Additionally, the mother claimed that either man could have been the father. The court sided with the non-biological father who claimed voluntary paternity even though the mother also allowed the biological father to spend time with her child. Both fathers were deemed to have been positive influences on the child and developed meaningful relationships. 

How To File a Paternity Claim 

If you are looking to establish a paternity claim, you will need the help of an experienced divorce & family law attorney. The best resource for finding a skilled divorce & family law attorney is Attorney at Law.

At AAL, our network of top law firms and attorneys in Arizona can match you with an attorney tailored to your specific needs. Our partners have the experience and resources to match their winning records and compassionate client experiences. 

Don’t wait. Contact AAL today for a free, no-obligation consultation and start your journey to marital solutions.

Ask a Lawyer

Ask your own question and get advice from expert attorneys
Ask Question

Featured Child Custody Lawyers

Law Office of Carlos Andujar Jr, ESQ

google-logo
10 years in practice
Adoption, Auto Accidents, Child Custody, Child Support, Criminal Defense
View Profile

The Law Office of Michael J. Winter

google-logo
47 years in practice
Auto Accidents, Child Custody, Child Support, Criminal Defense, Divorce Law
View Profile

Law Office of Gerald M. Wirsch, LLC

google-logo
14 years in practice
Adoption, Child Custody, Criminal Defense, Divorce & Family Law, DUI Law
View Profile

D&O Law Group, LLC

google-logo
15 years in practice
Criminal Defense, Divorce & Family Law, DUI Law, Personal Injury
View Profile

Law Offices of Ricardo J. Mauro, P.C.

google-logo
29 years in practice
Auto Accidents, Personal Injury
View Profile

Law Offices of Robert F. Julian

google-logo
47 years in practice
Auto Accidents, Construction Injury, Personal Injury, Wrongful Death
View Profile

Contact AttorneyAtLaw.com

Are you looking for an attorney? Do you have questions about a legal case you are facing? Contact us now and we will put you in touch with a lawyer for free.
Attorney At Law is changing how clients connect with lawyers. By providing an innovative platform to lawyers who want to expand their practice’s reach, AAL is bringing law practices into the future.
6142 Innovation Way
Carlsbad, California 92009
Some of the content of this website may be considered attorney advertising under the rules of certain jurisdictions. The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute an attorney-client relationship.
crossmenuchevron-upchevron-down linkedin facebook pinterest youtube rss twitter instagram facebook-blank rss-blank linkedin-blank pinterest youtube twitter instagram