Establishing paternity provides legal rights and responsibilities for both parents, but there are circumstances where paternity may need to be challenged. Whether you believe you have been incorrectly named as a child’s father or suspect that paternity was fraudulently established, Utah law provides legal avenues for disputing paternity. Understanding the process and your rights can help you navigate this sensitive and complex issue.
In Utah, paternity can be challenged if there is evidence that the legal father is not the biological father. The most common way to dispute paternity is through DNA testing. If a man has been legally recognized as a father but believes he is not the biological parent, he can file a petition with the court to request genetic testing. The court may order DNA testing to determine whether the legal father-child relationship should be maintained or terminated.
If paternity was established through a Voluntary Declaration of Paternity (VDP), the law allows a limited window of time to revoke the declaration. In Utah, a VDP can be rescinded within 60 days of signing. After this period, the declaration becomes legally binding unless there is proof of fraud, duress, or material mistake of fact. In such cases, the court may allow a challenge even after the 60-day period, but strong evidence is required.
For individuals who have been ordered to pay child support under an incorrect paternity ruling, legal action may be necessary to modify or terminate financial obligations. If DNA testing proves that a man is not the biological father, the court may adjust or eliminate child support obligations. However, if the father has developed a significant parental relationship with the child, the court may still consider the child’s best interests when determining the legal status of the parent-child relationship.
Challenging paternity is a serious legal process that requires careful consideration and strong evidence. Courts prioritize the stability and well-being of the child, meaning that even if biological paternity is disproven, other factors may be taken into account before making a final determination. Consulting with a knowledgeable family law attorney can help ensure that your rights are protected and that you follow the correct legal procedures.
We know this blog may raise more questions than it answers. If you are seeking to challenge paternity in Utah, contact our firm today to discuss your case and explore your legal options.