Brummond v. Lucio, 2 CA-CV 2017-0038-FC (AzApp 2017)

Nov 30, 2017

OUTCOME: Father won on appeal, and made new AZ law in the process. Trial Court's decision was reversed. The Appellate Court held that Father is not subject to the 60 day time limit of ARS 25-812(E), when he had no notice his rights were being affected.

AZ appellate court decision. Trial court had dismissed Father's paternity complaint as being barred by ARS 25-812(E), since the complaint was filed past the 60 day deadline to request revocation of an ... acknowledgement of paternity. The acknowledgement of paternity was executed by Mother and another man 2 years ago. Father had no idea the document had been executed, or that Mother was even pregnant. The Trial Court's opinion was that it did not matter that Father did not know the acknowledgement of paternity was executed, or that Mother had even been pregnant. The 60 day limit applied anyway. The Trial Court dismissed Father's paternity complaint. Father appealed.