When an unwed couple voluntarily establishes paternity through a Voluntary Acknowledgment of Paternity, it establishes the Father’s economic and legal ties to the child.
Unfortunately, there have been circumstances in the past where the Acknowledgment of Paternity was executed naming a person other than the actual father as the child’s father. The circumstances leading to these situations differ, but all of them have the potential to turn into major litigation if the biological father challenges the paternity of the child.
Before signing a Voluntary Acknowledgement of Paternity, the parties are provided with information regarding the rights and responsibilities that arise from signing the acknowledgment.
Acknowledging paternity has benefits to the parents and child, as discussed in last week’s blog, but it is also a major responsibility and a legal affirmation that should not be executed in haste or casually.
If an acknowledgment is executed and filed, but the parties quickly realize that the named father may not be the father, there is a method for rescinding the acknowledgment.
In the state of Arizona, the mother or the father may rescind the Acknowledgment of Paternity within the earlier of:
(1) sixty days of the date of the last notarized signature
(2) before the date of a proceeding relating to the child, such as a child support proceeding in which either the mother or father is a party.
A rescission of the Voluntary Acknowledgment of Paternity must be in writing and must be submitted to the department of economic security.
If the acknowledgment of paternity is not rescinded within the mandatory sixty days, then the party in question must file an action to overcome the acknowledgment of paternity, which we will discuss in next week’s blog.
If you find yourself involved in a paternity matter and you would like to work with one of our experienced Attorneys, please call OWENS & PERKINS at 480.630.2464 to schedule your free 30 minute consultation.