§ 25-801 – Jurisdiction

25-801. Jurisdiction The superior court has original jurisdiction in proceedings to establish maternity or paternity. All such proceedings shall be civil actions.

§ 25-802 – Venue

25-802. Venue Proceedings to establish maternity or paternity may be originated in the county of residence of the respondent or the petitioner or the child or children the subject of the action. The fact that the petitioner parent or child or both are not, or never have been, residents of Arizona does not bar the […]

§ 25-803 – Persons who may originate proceedings; legal decision-making; parenting time; conciliation court

25-803. Persons who may originate proceedings; legal decision-making; parenting time; conciliation court A. Proceedings to establish the maternity or paternity of a child or children and to compel support under this article may be commenced by any of the following: 1. The mother. 2. The father. 3. The guardian, conservator or best friend of a […]

§ 25-804 – Time for instituting proceedings

25-804. Time for instituting proceedings Proceedings to establish the paternity of the child may be instituted during the pregnancy of the mother or after the birth of the child. The court shall dismiss any proceeding that is barred pursuant to section 8-106, subsection J. For the purposes of establishing a duty to pay support or […]

§ 25-805 – Effect of death, absence or insanity of plaintiff

25-805. Effect of death, absence or insanity of plaintiff If after the petition is filed the petitioner dies, becomes insane, departs the state or fails to litigate the issue, the proceedings do not abate but may be continued, with the state as petitioner, as to any child in the legal custody of any state agency, […]

§ 25-806 – Petition

25-806. Petition A. Paternity proceedings are commenced by the filing of a verified petition that alleges that a woman is delivered of a child or children born out of lawful wedlock or pregnant with a child conceived out of wedlock and that the respondent is the father of the child or children. B. Maternity proceedings […]

§ 25-807 – Precedence of maternity and paternity proceedings; delay for paternity tests; court order; evidentiary use; alternative tests; out-of-state orders; immunity

25-807. Precedence of maternity and paternity proceedings; delay for paternity tests; court order; evidentiary use; alternative tests; out-of-state orders; immunity A. Proceedings to establish maternity and paternity have precedence over other civil proceedings. The case shall be set for trial within sixty days from the filing of an answer by the respondent. B. A delay […]

§ 25-808 – Preliminary injunction; temporary restraining order; effect

25-808. Preliminary injunction; temporary restraining order; effect A. In an action to establish legal decision-making and parenting time for a child who was born out of wedlock, the clerk of the court shall issue, pursuant to an order of the superior court, a preliminary injunction that is directed to each party to the action if […]

§ 25-809 – Judgment

25-809. Judgment A. Except as provided in section 25-501, subsection F, if a respondent admits parentage or if the issue is decided in the affirmative in an action instituted during the child’s minority, the court shall direct, subject to applicable equitable defenses and using a retroactive application of the current child support guidelines, the amount, […]

§ 25-810 – Liability of parents if putative mother or father is a minor; periodic payments

25-810. Liability of parents if putative mother or father is a minor; periodic payments A. Except as provided pursuant to section 25-501, subsection F, the parent or parents having custody or control of the putative mother or father may be joined as respondents in the action if the putative mother or father is a minor […]

§ 25-812 – Voluntary acknowledgment of paternity; action to overcome paternity

25-812. Voluntary acknowledgment of paternity; action to overcome paternity A. This state or the parent of a child born out of wedlock may establish the paternity of a child by filing one of the following with the clerk of the superior court, the department of economic security or the department of health services: 1. A […]

§ 25-813 – Default order of paternity

25-813. Default order of paternity In an action to establish paternity, the court shall enter an order of paternity if either: 1. The service of summons is complete and the respondent fails to appear or otherwise answer. 2. An order for genetic or blood testing has been entered and the respondent fails to appear without […]

§ 25-814 – Presumption of paternity

25-814. Presumption of paternity A. A man is presumed to be the father of the child if: 1. He and the mother of the child were married at any time in the ten months immediately preceding the birth or the child is born within ten months after the marriage is terminated by death, annulment, declaration […]

§ 25-815 – Paternity; full faith and credit

25-815. Paternity; full faith and credit If paternity has been established in another state by a court or administrative order or voluntary acknowledgment, the determination of paternity has the same force and effect in this state as if the determination of paternity was granted by a court in this state.

§ 25-816 – Title IV-D child support; paternity establishment; genetic testing

25-816. Title IV-D child support; paternity establishment; genetic testing A. On receipt of a sworn statement by the mother or the alleged father alleging paternity and setting forth the facts establishing a reasonable possibility of the requisite sexual contact between the parties, the department of economic security or its agent may order the mother, her […]

§ 25-817 – Temporary orders; presumption of paternity

25-817. Temporary orders; presumption of paternity A. Pending a judicial determination of paternity, the court shall issue a temporary order of support, and may issue a temporary order regarding custody and parenting time, if any of the following applies: 1. Genetic testing affirms at least a ninety-five per cent probability of paternity. 2. A notarized […]

§ 25-818 – Paternity case registry; acknowledgments and paternity and maternity orders; recording requirements

25-818. Paternity case registry; acknowledgments and paternity and maternity orders; recording requirements A. The department of economic security shall maintain a paternity case registry for this state. Public and private entities that obtain or receive a voluntary acknowledgment of paternity shall promptly transmit the original signed and completed acknowledgment to the department of economic security. […]