Establishing paternity is crucial for a child’s financial security, health, inheritance rights, and self-identity, particularly for children born to unmarried parents. In this post, we’ll guide you through the process of petitioning to establish paternity in Arkansas, ensuring your child can enjoy these benefits.
How to file a Petition to establish paternity in Arkansas?
Obtain a court-ordered paternity DNA Test
File a petition: A paternity petition has to be filed for court order to be issued. There are two ways paternity DNA test results can used as evidence in family court. Get Arkansas’ petition to establish paternity forms here.
Judge Issues A Court Order: When a judge requests DNA testing be performed the judge will instruct the parties involved on where they DNA samples are to collected if the state is cover the cost.
In cases were the Arkansas Department of Human Services (DHS) are involved. DHS case worker is responsible for walking both parties through the process of establishing the paternity of a child in Arizona using genetic testing.
How long does it take to get a court-ordered paternity test
The turnaround times for court organized DNA Tests can be lengthy. It often takes several weeks to a few months. We recommend speaking with the personnel in charge of your case to inquire about wait times.
Please note: This information provided in this post regarding Arizona’s paternity establishment guidelines are informational use only and not legal advice. We recommend speaking with a family law professional for a detailed understanding of the process.
Legal Process For DNA Testing
Paternity Test Without a Court Order: A legal paternity test can be performed with or without court order and used as evidence later when you file petition in Family Court. Below are few things you need to know to successfully perform a court admissible DNA paternity test result.
1. All legal paternity tests must be tested and analyzed by an AABB accredited laboratory.
2. It is recommended that the participate in the testing process if available.
3. At-Home DNA Test Kits do not meet the criteria for establish a proper chain of custody therefor the results are not recognized by Family Courts and cannot be used for any legal purpose.
Out-of pocket Turnaround Times
The average turnaround time for legal paternity test results from IDTO DNA Testing Center is 2 to 3 business days from the date in which lab receives all genetic samples. For legal paternity testing questions or appointments. Call 877-680-5800 for quotes and to get started.
Upon the completion of your results a copy will mailed to your and another will be emailed to you for your records. In cases were a judge may request the lab to send the results directly to their office. Just provide your assigned caseworker with the additional details.
Arizona’s Voluntary Acknowledgment of Paternity
In Arkansas, a Voluntary Acknowledgment of Paternity (VAP) is a legal document signed by both parents of a child born out of wedlock to establish the father’s paternity. It’s a relatively simple and quicker alternative to going through the court process for paternity establishment.
Here’s what you need to know about VAP in Arizona:
Who can sign a VAP?
- Both biological parents of a child born outside of marriage must be present and willing to sign the document.
- Both parents must be at least 18 years old and mentally competent.
- Neither parent can be under duress or coercion to sign.
Benefits of signing a VAP:
- Faster and cheaper: Signing a VAP avoids the time and expense of going through court proceedings.
- Establishes paternity: The document legally establishes the father’s paternity, granting him rights and responsibilities regarding the child, such as visitation and child support.
- Facilitates child support: Having a VAP on file simplifies establishing child support if necessary.
- Simplifies future legal proceedings: In some situations, a VAP can simplify future legal proceedings related to the child, such as inheritance rights or medical emergencies.
Where to sign a VAP:
- VAP forms can be obtained at any hospital maternity ward, county health department, or the Arizona Department of Child Safety (DCS) office.
- A notary public must witness both parents signing the document.
Things to consider:
- If either parent has doubts about paternity, a court-ordered DNA test might be necessary.
- A VAP is legally binding and cannot be easily revoked.
- It’s advisable to consult with an attorney if you have any questions or concerns about signing a VAP.
Related Questions
How long does a father have to establish paternity in Arkansas?
There isn’t a specific time limit for a father to establish paternity in Arizona. However, they can file a petition to establish paternity at any point before the child turns 18. This is important for several reasons:
- Legal and financial security for the child: Establishing paternity ensures the child receives child support and other benefits they are entitled to, like inheritance rights.
- Opportunity for involvement: It allows the father to have legal rights and responsibilities regarding the child’s life, like visitation and decision-making.
Here are some additional points to consider:
- Mother’s timeframe: While there’s no limit for fathers, mothers have a different timeframe. An unmarried mother must file a paternity suit within one year of the child’s birth to seek child support.
- Presumption of paternity: Under certain circumstances, a man is presumed to be the father without formal establishment. These include being married to the mother during the child’s birth or within 10 months before, signing a birth certificate or acknowledgment of paternity, or having genetic testing with at least 95% probability.
- Retroactive effect: Even if paternity is established later, child support can be ordered retroactively for a maximum of three years before the petition was filed.
It’s important to understand the nuances of paternity establishment in Arizona. While there’s no strict deadline, it’s highly advisable for a father to act promptly to ensure the child’s well-being and secure their own legal rights and responsibilities.
What are the Benefits of establishing paternity beyond child support?
For the child:
- Health insurance and medical benefits: A child can access health insurance through the father’s employer, ensuring they receive necessary medical care and treatment.
- Social Security and veteran’s benefits: If the father becomes disabled or dies, the child may be entitled to Social Security benefits or veteran’s benefits.
- Inheritance rights: The child becomes legally eligible to inherit from the father’s estate.
- Family medical history: Knowing the father’s family history can be crucial for understanding potential genetic risks and making informed healthcare decisions.
- Emotional well-being and identity: Understanding their biological father and having a connection to both sides of their family can contribute to a child’s emotional well-being and sense of identity.
For the father:
- Relationship with the child: Establishing paternity opens the door to building a meaningful relationship with the child through visitation or shared custody.
- Participation in decision-making: The father gains legal rights to participate in decisions about the child’s upbringing, education, and healthcare.
- Emotional fulfillment: Knowing they are legally recognized as the father and having a connection with the child can bring emotional fulfillment to many fathers.
Additional benefits:
- Passport and travel: Establishing paternity can simplify obtaining passports and travel documents for the child.
- Tribal affiliation: For children of Native American descent, establishing paternity may be necessary to claim tribal affiliation and benefits.
- Peace of mind: Knowing paternity is legally established can provide peace of mind for all parties involved.
