How Do I Establish Paternity As a Paternal Grandparent

My question involves a child custody case from the State of: Arizona

Hello,


I am the paternal grandmother of a 3 month old. My 19 year old son has publicly claimed the baby and I have proof via social media and pictures of him with the baby. He is residing with the baby's mother who is 17 years old and undocumented. My son is a convicted felon who is in and out of jail and he feels that by not acknowledging paternity that he is not obligated to support his child. Due to the legal status of the mother, she is not eager to push him to avoid the attention that the claim may bring to her situation.

I need to find out how I as a paternal grandmother can get a court order compelling one or both parents to complete a paternity test. I am willing to pay for this test. Also, I discovered that their are "grandparent paternity tests". Are these admissible and considered as valid as the other paternity tests? If they are this would mean that I would only need the mother's DNA, the baby's and mine.

My grandchild was exposed to drugs in utero, her mom does drugs and her dad does them and sells them. He is in and out of jail and prison and my sole focus is to be an active participant in the baby's life and do what I can to safeguard her well-being. CPS has been less than helpful and I went to court hoping that the evidence I had would suffice but it was not even considered. I have 90 days to establish paternity or have to restart the entire process.

Are there any cases that have set precedence that I can present to the court? Thank you in advance for your time and consideration. I am grateful for any and all assistance in this matter.

You have no standing at all.

You are, legally, considered a legal stranger.

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I need to find out how I ask a paternal grandmother can get a court order compelling both parents to complete a paternity test.

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simple answer: you can't.

You have no standing to sue because since there is no father, there is no paternal grandparent. Even if you did, you could not compel your son to undergo a paternity test. Not sure what you mean by compelling the mother to undergo a paternity test. Ya lost me on that one. Then, even if your son did establish paternity, any rights you would have to anything would be very limited, if there actually are any to start with.

Additionally, unless the mother obtains some sort of welfare or the mother does not choose to attempt to establish paternity, nobody can compel the presumed father to undergo a paternity test. There just is no basis for a court to compel such a test.

"Not sure what you mean by compelling the mother to undergo a paternity test. Ya lost me on that one."


My reason for wanting the mother tested would be if the grandparent's DNA test is admissible. Under Arizona law, I have the legal right to court-ordered visitation if paternity has been established. From what I have read these tests may be admissible when the father is unavailable.

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Quoting LovingGrandmainAZ

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"Not sure what you mean by compelling the mother to undergo a paternity test. Ya lost me on that one."


My reason for wanting the mother tested would be if the grandparent's DNA test is admissible. Under Arizona law, I have the legal right to court-ordered visitation if paternity has been established. From what I have read these tests may be admissible when the father is unavailable.

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a grandparent's dna is not a father's dna. Regardless of what your dna shows, it would not prove paternity of your son.

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Quoting LovingGrandmainAZ

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"Not sure what you mean by compelling the mother to undergo a paternity test. Ya lost me on that one."


My reason for wanting the mother tested would be if the grandparent's DNA test is admissible. Under Arizona law, I have the legal right to court-ordered visitation if paternity has been established. From what I have read these tests may be admissible when the father is unavailable.

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No, you have the right to file for visitation in limited circumstances.

HUGE difference.

No, you absolutely CANNOT compel the mother (or the father, actually) to establish paternity.

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ETA: This child is 3 months old. You have no established relationship or bond with the child, and that is an almost insurmountable hurdle to overcome.


You would literally have to prove that the child would be damaged by you NOT having a relationship with you. You cannot do this.

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ETA again: Your son is not unavailable - he's living with the mother of the child; therefore you are expected to visit with the child on his time.

If they don't want you involved, you are out of luck.