Cox v. Honorable PonceAnnotate this Case
The Supreme Court affirmed the order of the superior court dismissing Father's paternity action, holding that an untimely filed paternity action is barred as a matter of law.
Shortly after Child was born, Mother served Father with notice of her intention to place the child for adoption pursuant to Ariz. Rev. Stat. 8-106(G). Father's attorney accepted service. Sixteen days after the applicable deadline, Father filed a paternity action. The trial court dismissed the action. Father appealed, asserting that he was entitled to equitable relief. The Supreme Court affirmed, holding that the principles of equity did not apply to provide Father relief from the statutory requirement that he timely file and serve Mother with his paternity action.