Ariz. Rev. Stat. » Title 25
Arizona Revised Statutes

Ariz. Rev. Stat. § 25-803 (2026)

Persons who may originate proceedings; legal decisionmaking; parenting time; conciliation court

✓ current as of May 2026
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A. Proceedings to establish the maternity or paternity of a child or children and to compel support under this article may be commenced by any of the following:

1. The mother.

2. The father.

3. The guardian, conservator or best friend of a child or children born out of wedlock.

4. A public welfare official or agency of the county where the child or children reside or may be found.

5. The state pursuant to section 25-509.

B. An adult may bring an action to establish the adult's biological parent.

C. Any party to a proceeding under this article other than the state may request that legal decision-making and specific parenting time be determined as a part of the proceeding. When paternity is established the court may award legal decision-making and parenting time as provided in section 25-408. The attorney general or county attorney shall not seek or defend any ancillary matters such as legal decision-making or parenting time.

D. In any case in which paternity is established the parent with whom the child has resided for the greater part of the last six months shall have legal decision-making unless otherwise ordered by the court.

E. The services of the conciliation court may be used in regard to disputed matters of legal decision-making and parenting time.

 

Notes of Decisions
Cited in 13 cases, 1997–2017 · leading case: Laura Cruz v. Robert Garcia, 377 P.3d 1028 (Ariz. Ct. App. 2016).
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Laura Cruz v. Robert Garcia, 377 P.3d 1028 (Ariz. Ct. App. 2016). · cites it 2× “In the 2006 judgment, legal custody was placed with Cruz under A.R.S. § 25-803 because L.G. had resided with Cruz for the greater part of the prior six months.”
David C., Kim C. v. Alexis S., A.C., 375 P.3d 945 (Ariz. 2016). · cites it 2× “The father has the right to bring a paternity action, A.R.S. § 25-803, and the paternity action may be instituted during the pregnancy or after the *56 child is born, but the time for filing is limited by A.”
Stephenson v. Nastro in & for Cnty. of Maricopa, 967 P.2d 616 (Ariz. Ct. App. 1998). · cites it 7× “In the present situation [mother] seeks to establish paternity under A.R.S. § 25-803(A)(1) which permits the Mother to commence paternity proceedings.”
Bill W. Castillo v. Thania N. Lazo, 386 P.3d 839 (Ariz. Ct. App. 2016). · cites it 6× “Section 25-803 allows maternity or paternity proceedings to be commenced by a mother or a father, and only limits the commencement of such a proceeding to a child bom out of wedlock when the proceeding is brought by a “guardian, conservator, or best friend.” ¶ 18 Moreover,…”
Hall v. Lalli, 952 P.2d 748 (Ariz. Ct. App. 1998). · cites it 3× “Thus, contrary to Lalli’s repeated urging, the interests of Stanley, the state, and Hall in the underlying action were not the same, and that either the state or Hall was authorized to originate a paternity action under § 12-843 (now § 25-803) does not alter that conclusion.”
Aranda v. Cardenas, 159 P.3d 76 (Ariz. Ct. App. 2007). “See § 25-803(A) (listing who may bring paternity action); Hurt, 124 Ariz.”
State v. Zaman, 946 P.2d 459 (Ariz. 1997). “§ 25-803(B)(Supp.1996)); see also § 12-2456(C)(1994)(current version at A.”
Michelle F. v. Dcs, M.B. (Ariz. Ct. App. 2017). · cites it 9× “7 “Pursuant to rule 85(c) of the Arizona rules of family law procedure, the mother, father or child, or a party to the proceeding on a rule 85(c) motion, may challenge a voluntary acknowledgment of paternity established in this state at any time after the sixty day period only…”
Kimberly McLaughlin v. Hon. jones/suzan McLaughlin (Ariz. 2017). · cites it 6× “” A.R.S. § 25-803(A). A presumptive father under § 25-814(A)(1) must pay child support unless clear and convincing evidence shows “paternity was established by fraud, duress or material mistake of fact.”
Gutierrez v. Gutierrez (Ariz. Ct. App. 2014). · cites it 4× “Husband asserted the paternity presumption in the dissolution action. Wife challenged the presumption in defense of Husband’s claim that Wife had no legal rights to T.”
Brewhaha Bellevue, Llc. v. Wanda Montgomery (Wash. Ct. App. 2016). “031; ARS § 25-803(A). Though no Washington authority addresses whether a defendant like Munchbar may challenge an acknowledgment of paternity in a wrongful death proceeding, we note that some other jurisdictions do not allow a wrongful death defendant to collaterally attack a…”
Brewhaha Bellevue, Llc. v. Wanda Montgomery (Wash. Ct. App. 2016). “031; ARS § 25-803(A). Though no Washington authority addresses whether a defendant like Munchbar may challenge an acknowledgment of paternity in a wrongful death proceeding, we note that some other jurisdictions do not allow a wrongful death defendant to collaterally attack a…”
Show all 13 citing cases →
Ariz. Rev. Stat. § 25-803(A): 9 cases
Aranda v. Cardenas, 159 P.3d 76 (Ariz. Ct. App. 2007). “See § 25-803(A) (listing who may bring paternity action); Hurt, 124 Ariz.”
Bill W. Castillo v. Thania N. Lazo, 386 P.3d 839 (Ariz. Ct. App. 2016). “Section 25-803 allows maternity or paternity proceedings to be commenced by a mother or a father, and only limits the commencement of such a proceeding to a child bom out of wedlock when the proceeding is brought by a “guardian, conservator, or best friend.” ¶ 18 Moreover,…”
Hall v. Lalli, 952 P.2d 748 (Ariz. Ct. App. 1998). “Thus, contrary to Lalli’s repeated urging, the interests of Stanley, the state, and Hall in the underlying action were not the same, and that either the state or Hall was authorized to originate a paternity action under § 12-843 (now § 25-803) does not alter that conclusion.”
Michelle F. v. Dcs, M.B. (Ariz. Ct. App. 2017). “7 “Pursuant to rule 85(c) of the Arizona rules of family law procedure, the mother, father or child, or a party to the proceeding on a rule 85(c) motion, may challenge a voluntary acknowledgment of paternity established in this state at any time after the sixty day period only…”
Gutierrez v. Gutierrez (Ariz. Ct. App. 2014). “Husband asserted the paternity presumption in the dissolution action. Wife challenged the presumption in defense of Husband’s claim that Wife had no legal rights to T.”
Ariz. Rev. Stat. § 25-803(A)(1): 1 case
Stephenson v. Nastro in & for Cnty. of Maricopa, 967 P.2d 616 (Ariz. Ct. App. 1998). “In the present situation [mother] seeks to establish paternity under A.R.S. § 25-803(A)(1) which permits the Mother to commence paternity proceedings.”
Ariz. Rev. Stat. § 25-803(A)(2): 1 case
Bill W. Castillo v. Thania N. Lazo, 386 P.3d 839 (Ariz. Ct. App. 2016). “Section 25-803 allows maternity or paternity proceedings to be commenced by a mother or a father, and only limits the commencement of such a proceeding to a child bom out of wedlock when the proceeding is brought by a “guardian, conservator, or best friend.” ¶ 18 Moreover,…”
Ariz. Rev. Stat. § 25-803(A)(3): 1 case
Michelle F. v. Dcs, M.B. (Ariz. Ct. App. 2017). “7 “Pursuant to rule 85(c) of the Arizona rules of family law procedure, the mother, father or child, or a party to the proceeding on a rule 85(c) motion, may challenge a voluntary acknowledgment of paternity established in this state at any time after the sixty day period only…”
Ariz. Rev. Stat. § 25-803(A)(l): 1 case
Stephenson v. Nastro in & for Cnty. of Maricopa, 967 P.2d 616 (Ariz. Ct. App. 1998). “In the present situation [mother] seeks to establish paternity under A.R.S. § 25-803(A)(1) which permits the Mother to commence paternity proceedings.”
Ariz. Rev. Stat. § 25-803(B): 3 cases
Stephenson v. Nastro in & for Cnty. of Maricopa, 967 P.2d 616 (Ariz. Ct. App. 1998). “In the present situation [mother] seeks to establish paternity under A.R.S. § 25-803(A)(1) which permits the Mother to commence paternity proceedings.”
State v. Zaman, 946 P.2d 459 (Ariz. 1997). “§ 25-803(B)(Supp.1996)); see also § 12-2456(C)(1994)(current version at A.”
Hall v. Lalli, 952 P.2d 748 (Ariz. Ct. App. 1998). “Thus, contrary to Lalli’s repeated urging, the interests of Stanley, the state, and Hall in the underlying action were not the same, and that either the state or Hall was authorized to originate a paternity action under § 12-843 (now § 25-803) does not alter that conclusion.”
Ariz. Rev. Stat. § 25-803(C): 1 case
Kimberly McLaughlin v. Hon. jones/suzan McLaughlin (Ariz. 2017). “” A.R.S. § 25-803(A). A presumptive father under § 25-814(A)(1) must pay child support unless clear and convincing evidence shows “paternity was established by fraud, duress or material mistake of fact.”
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