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I’m trying to establish paternity in the state of Arizona…

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I’m trying to establish paternity...
I’m trying to establish paternity in the state of Arizona and the other party is making this process extremely difficult. He is in the military and is hoping to be deployed before the court orders the test. What do I do?
Submitted: 2 months ago.Category: Family Law
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Answered in 8 minutes by:
3/28/2018
Family Lawyer: Sean K, Family Law Attorney replied 2 months ago
Sean K
Sean K, Family Law Attorney
Category: Family Law
Satisfied Customers: 761
Experience: Family Law Attorney in Private Law Firm
Verified

Hi, I’m Sean and I will be assisting you as an expert today. I’m an attorney with more than 20 years of experience. It is my goal to provide a solid overview of your situation. Whether the analysis is good or bad as to your matter, I want to make sure you understand any points you need and that you have options to better address the questions you have. If I am able, I will also provide you with some resources. Please note that the system, independent from me, may offer a phone call. You are not obligated to engage in a phone call, but I am happy to speak if you desire. This is completely up to you.

Since you are asking this question, I will take the father will not acknowledge paternity. If he will there is a voluntary statement you can sign that will do it.

If not, you can, at no cost, go to the Arizona Division of Child Support Services and they will coordinate the testing if the Father does not voluntarily sign off on paternity. If one parent is uncooperative, the Arizona Attorney General's Office may take the case to Court.

It is always your right as a parent to proceed with a case on your own to establish paternity and you could do this by contacting an attorney. There would be a cost associated with this process but it will move fairly quickly.

It is also possible to contact his chain of command. This will not automatically resolve the situation, but often if there is pressure from his chain of command, it may provide motivation to move through the process.

The bot***** *****ne is that he can run, but he can't hide. The best thing to do is start the process as soon as possible.

Please note: This is general information for educational purposes only and is not legal advice. There is no specific course of action is proposed and no attorney-client relationship or privilege formed within this conversation.

If you have any follow up questions it would be my pleasure to answer them. As experts we only get credit for the time and effort we spend on our answers if you rate us positively - 5 stars is definitely appreciated but not required! There is no cost associated with you rating me and you can still ask follow up questions after rating me and I will respond.

One final point, there may be a delay between your question and my answer; this is because I'm either not at my computer or helping someone else but rest assured, if you ask, I will provide an answer. Thank you again.

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Customer reply replied 2 months ago
Hi there. Yes I have already started the process of trying to establish paternity. I started this back in February and he was served and he waited the full twenty days to respond to the courts in hopes to delay proceedings and I was just notified that the conflict resolution hearing is not until May 15. That does not seem to be quick at all. 47 days does not seem appropriate and I’m just upset that he won’t voluntarily take the test or acknowledge paternity. We were together for 6 years and he tried to force me to get an abortion and when I wouldn’t he threatened me and then completely isolated me. I currently have an order of protection against him because the stress he put me under was severe enough to have me admitted to the hospital to monitor mine and the babies safety. I am not due until June but since he has signed up for an assignment that will have him overseas for the next three years and I want to be able to have him on the birth certificate, use his last name and file for child support
Family Lawyer: Sean K, Family Law Attorney replied 2 months ago

You have taken all the steps you should and it is just unfortunate that he is not being cooperative and agreeing to sign. Now the good thing is that if he does not participate and you are able to have the Court order the child support, his deployment will not make a difference as to getting it paid once it is set as you can go through the Defense Financial and Accounting Services to have it paid directly.

Time delays can always be frustrating, but the good thing for you is that the date has been set and you are no longer waiting for the date to be set. It is still also possible to pursue his command and you could also get an attorney to contact him as well. Good news for you is that it will also likely happen that the hearing is held prior to any deployment on his end as that takes time as well. Also, if his command knows about the paternity action and potential for child support, they may delay or pass him over for deployment. So that is another option to consider.

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Customer reply replied 2 months ago
Do I need to contact the command to bring awareness about the paternity action that is taking place? I’m hesistant to contact anyone as I was sent a cease and desist stating not to talk to anyone in the military about him and if I did he would file harassment charges against me. I don’t think talking to his CO is harassment however
Family Lawyer: Sean K, Family Law Attorney replied 2 months ago

I would certainly contact the command. It can never hurt and this is something that the command does not like to see happening. I would agree with you however, letting his command know he is going to be a father is not harassment.

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Sean K
Sean K, Family Law Attorney
Category: Family Law
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