Arizona Revised Statutes

Ariz. Rev. Stat. § 25-817 (2026)

Temporary orders; presumption of paternity

✓ current as of May 2026

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A. Pending a judicial determination of paternity, the court shall issue a temporary order of support, and may issue a temporary order regarding custody and parenting time, if any of the following applies:

1. Genetic testing affirms at least a ninety-five per cent probability of paternity.

2. A notarized or witnessed statement is signed by both parents acknowledging paternity or separate substantially similar notarized or witnessed statements are signed acknowledging paternity and filed with the department of health services pursuant to section 36-334 or filed with the department of economic security.

3. The respondent admits or does not deny paternity in a written response filed with the clerk of the court.

B. A temporary order issued pursuant to this section does not prejudice the rights of a person or child that are adjudicated at subsequent hearings in the proceeding.

C. A temporary order issued pursuant to this section may be revoked or modified and terminates when the final support, custody or parenting time order is entered or when the petition for support, custody or parenting time is dismissed.

Notes of Decisions

Cited in 3 cases (1 in the last 5 years), 2014–2024 · leading case: Ramirez v. Barnet, 384 P.3d 828 (Ariz. Ct. App. 2016).

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Ramirez v. Barnet, 384 P.3d 828 (Ariz. Ct. App. 2016). · cites it 4× “Intervenors argue the temporary order was void because, pending a judicial determination of paternity, A.R.S. § 25-817 (Supp. 2015) only authorizes a court to issue a temporary custody or parenting time order under certain circumstances, none of which they assert existed here.”

Lambertus v. Hon. porter/day-strange, 332 P.3d 608 (Ariz. Ct. App. 2014). · cites it 8× “Although not cited by the parties, A.R.S. § 25-817 similarly provides, in relevant part: A.”

In Re Term of Parental Rights as to M.N., 549 P.3d 200 (Ariz. Ct. App. 2024). · cites it 2× “See A.R.S. § 25-817 (requiring a court to issue a temporary order of support for a child following a genetic test affirming 95% probability of paternity during the pendency of a judicial determination of paternity); see also A.”

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