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Arizona Family Law Attorneys Case Victory - CHM Law

CHM Law Secures Dismissal in Wrongful Paternity Case to Establish Custody – Client Awarded Attorney’s Fees

  • Client: E v. L
  • Case Type: Petition to Establish Paternity
  • Ruling: Dismissal with Prejudice and Award of Attorney’s Fees
  • Court: Maricopa County Superior Court

At Colburn Hintze Maletta (CHM Law), we understand how critical it is to protect the rights of individuals facing paternity disputes. In this case, our client was wrongfully accused of being the biological father of an unborn child. The Opposing Party alleged that our client was responsible for the pregnancy and sought legal recognition of paternity, along with potential child support obligations. Facing these serious allegations, our client turned to CHM Law’s experienced family law attorneys to defend his rights and ensure that the truth was brought to light.

Legal Action: Filing a Petition to Establish Paternity and Genetic Testing Request

Upon reviewing the circumstances, CHM Law immediately took action by filing a Petition to Establish Paternity and requesting court-ordered genetic DNA testing. Under Arizona law, paternity must be established before a court can order child support or grant parental rights. Given the uncertainty surrounding the biological relationship, genetic testing was a crucial step in proving whether our client had any legal or financial obligations to the child.

Recognizing the significance of accurate paternity determinations, the Court ordered both parties to undergo DNA testing. This was a pivotal moment in the case, as the results would provide conclusive evidence regarding our client’s alleged biological connection to the unborn child.

Results: DNA Testing Proves Our Client Was Not the Biological Father

Once the genetic testing results were obtained, it was definitively confirmed that our client was not the father of the child. This revelation was instrumental in clearing his name and preventing him from being wrongfully assigned legal and financial responsibilities.

Further complicating matters, the Opposing Party had falsely represented to the Court—and to our client—that he was indeed the father. This misrepresentation placed an unnecessary burden on our client, requiring him to seek legal intervention to establish the truth.

Court Ruling: Case Dismissed With Prejudice, Client Awarded Attorney’s Fees

Based on the clear genetic evidence, the Court ruled in our client’s favor and dismissed the case with prejudice. This means the matter cannot be refiled against him in the future. Additionally, due to the Opposing Party’s false claims, the Court determined that our client should be compensated for the financial burden of defending himself against these allegations.

As a result, the Court awarded our client attorney’s fees and costs, ensuring that he was not left to bear the expenses of fighting an unjust paternity claim. This ruling not only protected our client’s parental rights but also set an important precedent for individuals wrongfully accused in paternity disputes.

Why This Case Matters for Future Paternity Disputes

This case highlights the importance of legal representation in paternity cases, particularly when allegations are made without concrete evidence. False claims can lead to wrongful child support orders, unnecessary emotional distress, and costly legal battles. Fortunately, CHM Law’s family law attorneys were able to take swift action, ensuring that justice prevailed for our client.

If you are facing a paternity dispute in Arizona, whether you are seeking to establish paternity or defending against false paternity claims, it is essential to have an experienced legal team by your side. Contact CHM Law today to schedule a consultation and protect your legal rights.

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