How to Establish Paternity in Arkansas: A Step-by-Step Guide
Brandon Haubert
Jan 13, 2026
If you are an unmarried parent in Arkansas, "paternity" is the legal bridge between you and your rights to your child. Whether you are a father wanting to see your child or a mother seeking financial support, establishing legal fatherhood is the essential first step.
This guide will help you understand the three main paths to establishing paternity in Arkansas and how to prepare the necessary documents to protect your family's future.
Key Takeaways
Voluntary Acknowledgment: The fastest, cheapest way to establish paternity if both parents agree.
DNA Testing: Provides scientific certainty (99.9%+) and is required if there is a dispute.
Court Petitions: Necessary when one parent won't cooperate; leads to a binding legal order.
60-Day Window: You have 60 days to rescind (cancel) a voluntary acknowledgment.
Beyond Paternity: Establishing paternity does not automatically set a custody schedule; that requires a separate court order, but you can get that order at the same time.
Table of Contents
Why Paternity Matters in Arkansas
The Three Paths to Paternity
Step-by-Step: The Voluntary Acknowledgment (VAP)
Step-by-Step: The DNA Testing Process
Step-by-Step: Filing a Court Petition
Checklist: Documents You Will Need
Common Mistakes and How to Avoid Them
Timelines and Costs
When to Talk to a Lawyer
Next Steps
1. Why Paternity Matters in Arkansas
In Arkansas, when a child is born to a married woman, her husband is legally presumed to be the father. However, if the parents are unmarried, the law does not automatically recognize the father.
Establishing paternity is the only way to:
For Fathers: Gain the legal right to seek custody or visitation.
For Mothers: Secure the legal right to receive child support.
For Children: Access health insurance, Social Security benefits, and inheritance rights.
2. The Three Paths to Paternity
The path you choose depends on the level of agreement between both parents.
Method | Best For | Requirement |
Voluntary Acknowledgment (VAP) | Both parents agree on who the father is. (Does not establish custody) | Both sign a state-approved form. |
Administrative/DNA Path | Parents want scientific proof before signing. | A court-admissible DNA test. |
Judicial (Court) Path | One parent is uncooperative or disputes paternity. | Filing a petition in Circuit Court. |
3. Step-by-Step: The Voluntary Acknowledgment (VAP)
The VAP is a powerful document. Once filed, it has the same legal effect as a court order.
Get the Form: These are usually provided at the hospital at birth. If the child is older, you can get one from the Arkansas Department of Health or your local child support office.
Verify Identity: Both parents must provide valid photo IDs.
Sign in Front of a Notary: You cannot sign this at home alone; it must be witnessed by a notary public or an official witness.
File the Form: The form must be sent to the Arkansas Department of Health, Division of Vital Records.
Note on Rescission: Arkansas law (Ark. Code Ann. § 9-10-102) allows you to "undo" this form within 60 days of signing. After 60 days, you must prove fraud, duress, or a "material mistake of fact" in court to change it.
4. Step-by-Step: The DNA Testing Process
If there is any doubt, do not sign a VAP. Instead, opt for a DNA test.
Avoid At-Home Kits: Arkansas courts will not accept a "peace of mind" home kit because there is no way to prove whose DNA was actually on the swab.
The Chain of Custody: You must use an accredited lab (usually AABB-certified). A neutral third party must collect the samples (cheek swabs), verify IDs, and mail the samples to the lab.
Accuracy: Modern tests are 99.9% accurate.
5. Step-by-Step: Filing a Court Petition
When cooperation fails, you must ask a judge to intervene.
File the Petition: You file a "Petition to Establish Paternity" in the Circuit Court of the county where the child lives.
Service of Process: You must have the other parent "served" with the papers by a process server or sheriff. You cannot hand the papers to them yourself.
The Hearing: If the other parent denies paternity, the judge will order a DNA test. If the test is positive, the judge will issue an Order of Paternity.
Next Phase: Once paternity is established, the judge can then move on to deciding custody, visitation, and child support.
6. Checklist: Documents You Will Need
Before you begin, gather the following:
[ ] Child’s full name and date of birth.
[ ] A copy of the child’s birth certificate (if available).
[ ] Valid photo ID for yourself.
[ ] Social Security numbers for both parents.
[ ] Correct physical address for the other parent (for service of process).
[ ] Evidence of support (receipts for clothes, food, or medical bills).
7. Common Mistakes and How to Avoid Them
Mistake #1: Thinking the birth certificate is enough. Simply having a name on the birth certificate doesn't grant enforceable visitation rights in Arkansas without a court order.
Mistake #2: Waiting too long. If you are a father, waiting years to establish paternity can make it much harder to get a custody schedule later, as the court looks at the "existing bond" with the child.
Mistake #3: Missing the 60-day window. If you have doubts about being the father, do not sign the VAP "just to be nice." It is very hard to reverse after 2 months.
8. Timelines and Costs
VAP: 1-2 days. Cost: Usually free (plus a small notary fee).
DNA Testing: 2-4 weeks. Cost: $300–$500.
Court Action: 3-9+ months. Cost: $165+ for filing, plus service fees ($50) and potential attorney fees if you hire one.
9. When to Talk to a Lawyer or Legal Aid
While many people handle simple paternity cases themselves, you should consult an Arkansas-licensed attorney or a legal aid organization (like the Center for Arkansas Legal Services) if:
Safety Concerns: There is a history of domestic violence or threats.
Interstate Issues: The child or the other parent lives in a different state.
Adoption: You have received notice that the child is being put up for adoption.
10. Next Steps
Establishing paternity is the first "domino" to fall. Once it's done, you can move toward a stable future for your child.
Determine if both parents are willing to sign a VAP.
If not, look up the Circuit Clerk in your county to confirm local filing fees.
Gather your identification and the child's birth information.
How ArkansasLegalNow Can Help:
We provide court-approved forms specifically for Arkansas paternity and custody actions.
Our step-by-step guides walk you through how to fill out the paperwork without the high cost of a law firm.
Avoid common errors that cause the clerk to reject your filing.