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TO ESTABLISH VOLUNTARY PATERNITY - MOM MARRIED
ATTENTION: You may use the forms on this page if the following factors apply to your situation:
  • You are the biological parents of the minor child or children for whom you want to establish paternity, AND
    • The mother was legally married when the minor child(ren) were born or at any time during the ten months immediately before birth, AND
    • The mother's legal husband of that time is not the biological father.
    • The biological parents both AGREE on who the father is (or at least you both agree to be bound by test results from a certified laboratory), AND

    You want a court order establishing paternity for the minor child(ren) AND removing the name of the former or current husband incorrectly listed as "father" from the birth records.

    You have:
  • The Affidavit of the Legally Presumed Father , the man who was husband when the minor child(ren) was (were) born or at any time during the ten months before, stating that he is not the father of the minor children named in this Petition, with his notarized signature, AND
  • One of the following:

  • Affidavit of Acknowledgment -- an agreement with the notarized signatures of BOTH biological parents telling the Court that you both AGREE that the man named as father in the agreement and signing the papers as the father IS the biological father of the minor child(ren) named in the agreement (affidavit). OR
  • Genetic Testing -- both parents agree to be bound by the results of genetic testing, and you have a copy of the test results showing that the individual named as the father has not been excluded as the natural father, AND
You do not want a court order about Legal Decision Making (Custody), parenting time and support at this time.

YOU MAY NOT FILE THESE FORMS without the notarized signature of the legally presumed father (the man married to the mother at the time of birth or 10 months preceding.)

This packet contains general information and/or court forms and instructions about how to get a voluntary paternity order. Be sure the documents are in the following order:
Packets
Title File English Spanish
To Establish Voluntary Paternity - Mother Married DRVPM1 PDF PDF
Instructions
Order Title File English Spanish
1 Instructions for Completing a Voluntary Acknowledgement of Paternity with Affidavit of Legally Presumed Father DRVPM11i PDF PDF
2 Procedures - What to do after completing the forms DRVPM10p PDF PDF
Forms
Order Title File English Spanish
1 Family Court Sensitive Data Cover Sheet for cases with children drsds10fc PDF PDF
2 Voluntary Acknowledgement of Paternity with Affidavit of Legally Presumed Father DRVPM11f PDF PDF
3 Order of Paternity DRVPM81f PDF PDF
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