Paternity Fraud in Arkansas: How to Disestablish Paternity and Clear Your Name

Discovering that you are not the biological father of a child you have been raising-or paying child support for-is a deeply traumatic experience. Paternity fraud occurs when a mother intentionally deceives a man into believing he is the biological father, leading him to sign an Acknowledgment of Paternity (AOP) or accept the responsibilities of marriage and fatherhood. In Arkansas, this deception can result in decades of forced financial obligations for a child that is not genetically yours.

For many years, courts across the country prioritized the "best interests of the child," often forcing men to continue paying child support even after DNA proved they were not the father. Fortunately, Arkansas law has evolved. Under current statutes, men have a clear legal pathway to challenge paternity, clear their name, and stop unjust child support garnishments.

Disestablishing paternity is not a simple paperwork fix; it requires filing a formal lawsuit in an Arkansas Circuit Court. If you are dealing with paternity fraud in Pulaski, Washington, or Craighead County, browsing our directory for an experienced family law attorney is the most important step to take to reclaim your life and finances.

The Marital Presumption vs. DNA Evidence

In Arkansas, if a woman is married when she gives birth, her husband is automatically presumed to be the legal father of the child under the marital presumption. Your name is entered on the birth certificate automatically without an Acknowledgment of Paternity (AOP).

Crucially, Arkansas law strictly distinguishes between unmarried fathers and married spouses. The paternity disestablishment statute, Ark. Code Ann. § 9-10-115, applies only to children born out of wedlock who were acknowledged via an AOP or adjudicated in a paternity action. Under governing Arkansas Supreme Court decisions in Martin v. Pierce, 370 Ark. 53 (AR Supreme Court 2007) and State Office of Child Support Enforcement v. Williams, 338 Ark. 347 (AR Supreme Court 1999), once a divorce decree is entered identifying the child as a child of the marriage, the doctrine of res judicata permanently bars the former husband from challenging paternity or demanding DNA testing. To overcome the marital presumption, a husband must raise the issue of non-paternity before or during the divorce proceedings prior to the entry of the final decree.

Step-by-Step Process to Disestablish Paternity

Taking legal action to clear your name requires strict adherence to Arkansas civil procedure. Here is how the process generally unfolds.

Step 1: Navigate the Statute of Limitations for Paternity Fraud in Arkansas

While an administrative rescission of an AOP must be completed within 60 days under Ark. Code Ann. § 9-10-115(a), Ark. Code Ann. § 9-10-115(e)(1)(A) allows an adjudicated or acknowledged father who was never scientifically tested to challenge paternity and request DNA testing during the period he is required to pay child support. Crucially, the Arkansas Supreme Court held in State, Office of Child Support Enforcement v. Perry, 2012 Ark. 106 (AR Supreme Court 2012) that this statutory right exists strictly before the child reaches the age of majority (18 years old) pursuant to Ark. Code Ann. § 9-14-237. Once the child turns 18, the court has no jurisdiction under this statute to order DNA testing-even if you seek to vacate accumulated arrears. Prompt action before the child's 18th birthday in your local circuit court is strictly required under Arkansas precedent to preserve jurisdiction.

Step 2: Obtain a Court-Ordered DNA Test

While an at-home DNA kit (like Ancestry or 23andMe) might confirm your suspicions, a judge will not accept it as legal evidence. Your attorney will file a motion requesting the judge to order formal genetic testing. All parties-you, the mother, and the child-must submit to testing at an accredited facility that maintains a strict legal chain of custody.

Step 3: How Disestablishment Affects Future Financial Obligations

If the court-admissible DNA test confirms you are not the father, the judge will issue an order terminating your legal paternity. Crucially, this stops all future child support obligations. Your wages will no longer be garnished by the Arkansas Office of Child Support Enforcement, Little Rock moving forward.

Step 4: Recovering Court Costs and Attorney Fees

Paternity fraud costs victims heavily in legal fees. Arkansas law may allow a man who successfully disestablishes paternity to ask the court to order the mother (or the actual biological father, if identified) to reimburse him for the costs of the DNA test and, in some cases, his attorney fees. However, this is at the judge's discretion and depends heavily on proving the mother's intentional deceit.

How Much Does it Cost in Arkansas?

While litigating paternity fraud requires an upfront investment, it saves you from paying 18 years of unwarranted child support.

How Long Does the Process Take?

Disestablishing paternity is rarely a fast process. From filing the initial petition at the Washington County Circuit Court, Fayetteville or your local courthouse, it can take 6 to 12 months. This timeline depends on how quickly the mother can be served with papers, scheduling the DNA tests, and waiting for the court's docket to open up for a final hearing.

Frequently Asked Questions (FAQ)