Genetic testing generally comes up in the context of a paternity petition. A paternity petition can be filed during a pregnancy or after the child is born. Once the child is born, the court is going to order genetic testing. The court will order the mother, the child and the potential father to undergo testing. The court has complete discretion as to assigning the cost of that genetic testing. It can assign the cost to the mother, the father, or split the cost somehow. Another context where genetic testing may come up is when the department of economic security is looking to establish paternity. In that case, DES will shoulder the cost of the genetic testing. If you have any other questions concerning this matter or any other family law matter, please contact me at Hildebrand Law. The phone number is (480) 305-8300. Thank you.
Genetic testing generally comes up in the context of a paternity petition. A paternity petition can be filed during a pregnancy or after the child is born. Once the child is born, the court is going to order genetic testing. The court will order the mother, the child and the potential father to undergo testing. The court has complete discretion as to assigning the cost of that genetic testing. It can assign the cost to the mother, the father, or split the cost somehow. Another context where genetic testing may come up is when the department of economic security is looking to establish paternity. In that case, DES will shoulder the cost of the genetic testing. If you have any other questions concerning this matter or any other family law matter, please contact me at Hildebrand Law. The phone number is (480) 305-8300. Thank you.
A father’s name can be added to the birth certificate after paternity is established as long as the court enters that order in it’s first minute entry. Early on in most paternity cases, attorneys will ask the court to make a declaration that a father is indeed the father and the court’s order will often include provisions directing the department of vital records to amend the birth certificate to include the father’s name if it’s not already on there. Each case is different, but if you’d like to discuss your situation with me, please give me a call at (480) 305-8300.
A father’s name can be added to the birth certificate after paternity is established as long as the court enters that order in it’s first minute entry. Early on in most paternity cases, attorneys will ask the court to make a declaration that a father is indeed the father and the court’s order will often include provisions directing the department of vital records to amend the birth certificate to include the father’s name if it’s not already on there. Each case is different, but if you’d like to discuss your situation with me, please give me a call at (480) 305-8300.
Hi. My name is Mitchell Reichman. I’m a board certified specialist in family law and chair of the family law department at Jaburg & Wilk. Opting out is choosing to resolve a family law dispute outside the traditional judicial system. One of the ways parties can choose to opt out is by choosing to arbitrate.
Arbitration is a voluntary process. It’s beyond the jurisdiction of a judge to order parties to arbitrate. However, once parties do decide to arbitrate, a court order will be entered that appoints the arbitrator and governs the process. Generally in Arizona, arbitrations are governed by a set of statutes known as Arizona’s Arbitration Act. One of the advantages of arbitration is that the parties can choose the neutral that serves as the arbitrator based on the parties’ circumstances, particularly where the issues are specialized such as with the valuation of a business or professional practice. The parties can chose an arbitrator who has a greater amount of education, training, and experience than the judge randomly assigned to their case. This gives the parties the opportunity to obtain a more predictable outcome because the arbitrator is familiar with the issues that will be presented in a valuation analysis, and the judge might not be. An important difference between choosing to arbitrate a dispute as compared to a trial concerns the right to appeal.
Under Arizona’s Arbitration Act, people who choose to arbitrate have very limited rights to appeal the decision of the arbitrator. This is very dissimilar from their rights to appeal should a judge make the decision after a trial on the merits. Overall, however, in many cases we find that by choosing to opt out through a process of arbitration, we’re able to reach our goal of helping our clients obtain a more favorable result in their family law proceeding.
Hi. My name is Mitchell Reichman. I’m a board certified specialist in family law and chair of the family law department at Jaburg & Wilk. Opting out is choosing to resolve a family law dispute outside the traditional judicial system. One of the ways parties can choose to opt out is by choosing to arbitrate.
Arbitration is a voluntary process. It’s beyond the jurisdiction of a judge to order parties to arbitrate. However, once parties do decide to arbitrate, a court order will be entered that appoints the arbitrator and governs the process. Generally in Arizona, arbitrations are governed by a set of statutes known as Arizona’s Arbitration Act. One of the advantages of arbitration is that the parties can choose the neutral that serves as the arbitrator based on the parties’ circumstances, particularly where the issues are specialized such as with the valuation of a business or professional practice. The parties can chose an arbitrator who has a greater amount of education, training, and experience than the judge randomly assigned to their case. This gives the parties the opportunity to obtain a more predictable outcome because the arbitrator is familiar with the issues that will be presented in a valuation analysis, and the judge might not be. An important difference between choosing to arbitrate a dispute as compared to a trial concerns the right to appeal.
Under Arizona’s Arbitration Act, people who choose to arbitrate have very limited rights to appeal the decision of the arbitrator. This is very dissimilar from their rights to appeal should a judge make the decision after a trial on the merits. Overall, however, in many cases we find that by choosing to opt out through a process of arbitration, we’re able to reach our goal of helping our clients obtain a more favorable result in their family law proceeding.
If you have a child and you are not married to the other parent, it is important to establish the paternity of the biological father with a court order. Simply being on the birth certificate does not create the legal rights and responsibilities like a court order.
Once paternity is established, the parties can agree on, or have the court determine, three issues: legal decision-making, parenting time and child support. The process is to file a complaint in paternity with the court and serve the other party. If the alleged father denies paternity, the court can order a DNA test. If the DNA test shows a 95% or higher probability of paternity, the alleged father is presumed to be the biological father. The court can then proceed to enter orders for legal decision-making, parenting time and child support. If you would like more information, refer to my FAQs under child custody and child support, or contact me directly.
If you have a child and you are not married to the other parent, it is important to establish the paternity of the biological father with a court order. Simply being on the birth certificate does not create the legal rights and responsibilities like a court order.
Once paternity is established, the parties can agree on, or have the court determine, three issues: legal decision-making, parenting time and child support. The process is to file a complaint in paternity with the court and serve the other party. If the alleged father denies paternity, the court can order a DNA test. If the DNA test shows a 95% or higher probability of paternity, the alleged father is presumed to be the biological father. The court can then proceed to enter orders for legal decision-making, parenting time and child support. If you would like more information, refer to my FAQs under child custody and child support, or contact me directly.
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