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Legal Statutes: Arizona

UPDATED September 15, 2017

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Article 1. Maternity and Paternity Proceedings

back to top§ 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 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 and that the woman as respondent is the mother of the child or children.

C. The procedure on the filing of the petition shall be as in other civil cases, except that a party who has been served pursuant to § 8-106, subsection G must serve the mother with a copy of the verified petition and summons within thirty days after completion of service of notice as prescribed by that subsection.

D. If the respondent does not file a response or if the respondent files a written response admitting paternity or maternity, the court may immediately enter a judgment of paternity or maternity. If other relevant issues are raised in the petition or response or in a separate petition filed after entry of a paternity or maternity judgment, the court shall proceed to resolve all relevant issues in the case pursuant to the rules of procedure applicable to family law cases.

E. A trial held pursuant to this section shall be made to the court.
Added as § 12-846 by Laws 1971, Ch. 163, § 2. Amended by Laws 1973, Ch. 172, § 24; Laws 1985, Ch. 140, § 2; Laws 1988, Ch. 314, § 1; Laws 1991, Ch. 103, § 2. Renumbered § 25-806 by Laws 1996, Ch. 192, § 14. Amended by Laws 1997, Ch. 219, § 37; Laws 2005, Ch. 130, § 4; Laws 2007, Ch. 14, § 5; Laws 2014, Ch. 230, § 3.