Paternity
Paternity and Paternity Challenges in Utah
Establishing paternity is a crucial legal step in defining a father’s rights and responsibilities. In Utah, paternity must be legally recognized before an unmarried father can seek custody, visitation, or parental decision-making rights. Additionally, establishing paternity determines child support obligations, inheritance rights, and access to benefits such as health insurance or Social Security.
At Porter Law Firm, we assist parents in both establishing and challenging paternity, ensuring that legal determinations are fair, accurate, and in the best interests of the child.
How to Establish Paternity in Utah
There are two primary ways to establish legal paternity in Utah:
- Voluntary Declaration of Paternity (VDP) – Both parents can sign this legal document, typically at the hospital after the child’s birth, to establish paternity without court intervention.
- Court-Ordered Paternity Testing – If paternity is disputed, either parent can request genetic testing and petition the court to establish or disprove fatherhood.
Once paternity is legally recognized, a father has equal parental rights, including the ability to seek custody, parenting time, and decision-making authority.
Paternity Challenges and Disputes
In some cases, paternity may be questioned due to doubts about biological parentage, fraud, or incorrect legal acknowledgment. When paternity is disputed, legal action may be necessary to establish, challenge, or disestablish paternity.
Common Reasons for Paternity Challenges:
- Requesting DNA Testing – If there is uncertainty about fatherhood, either parent may request genetic testing through the court.
- Rescinding a Voluntary Declaration of Paternity – If a father signed a VDP but later questions its validity, he has a limited timeframe to revoke it.
- Disestablishing Paternity – If a man is legally recognized as a father but later discovers he is not biologically related to the child, he may petition the court to terminate parental obligations, including child support.
Courts prioritize the child’s best interests, so challenging paternity can be complex, especially if financial or emotional bonds have already been established.
FAQs
Can a mother refuse to establish paternity?
Yes, but a father can petition the court to order DNA testing and legally establish his parental rights.
What happens if I signed a paternity declaration but later find out I’m not the father?
No, but it does allow a father to petition for custody, visitation, and legal decision-making rights regarding the child.
Does establishing paternity automatically grant custody rights?
If your ex-spouse fails to make alimony payments, you may have legal options to enforce the order, such as wage garnishment or legal action for contempt of court. Our attorneys can help you take the necessary steps to secure the payments you are owed.
Learn from the Experts
Our Blog
The Legal Process of Establishing Paternity in Utah
How to Challenge Paternity and What You Need to Know
What Happens if Paternity is Disputed in Utah?
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Jon was very professional and handle my sensitive custody case. He got a good out come and I was very pleased with how well he handled all the punches my exs lawyer through out. I would recommend Jon over and over again. We have now been using him for 4 almost 5 years for my custody stuff and now my husband. I will always recommend him.
Tiena Hockin
March 23, 2024 -
Jonathan is of great help. Great attorney.
Wayne Higgs
March 23, 2024 -
Jonathon helped my husband and I with a gestational agreement as we embark on the journey of surrogacy. He was kind and responded quickly to our questions. His staff members were supportive and took the time to answer all questions thoroughly. Jonathan was able to get our agreement validated in court and the judge praised how well the agreement was prepared. My husband and I recommend Jonathan without any reservation.
Kristen Porter
March 23, 2024 -
Divorce case - I was in a hard spot with a firm that wasn't advocating for me and had already taken a huge chunk of my savings and equity from selling my marital home. I was heartbroken. I sent out a handful of new "contact us online" to different firms in Utah, and Jonathon Porter reached out to me almost instantly and we set up an in-person meeting. Less than a month after retaining Porter Law I already feel I am in better hands. I see the holes that were left open by my previous firm, and where Porter Law is picking up the pieces. They have been more proactive than the large firm I signed with from May - September. I wish I would have started here and saved my heartache and pocketbook from the beginning. If you are in a similar position, looking for new representation I highly suggest speaking with Jonathon. Even though my case is not complete, I truly look forward to working with Porter Law to until we are able to close this chapter. 12/26/2024 - UPDATE: From October when I first met with Porter Law I asked if we could get this done by the holidays and today I open up my email to see my divorce is FINAL and everything has concluded. I am so grateful to Porter Law and their diligence and communication that they had with me. My case wasn't rocket science, but felt like so from the other party. Jonathon and his staff kept things upbeat and positive and they got it done! Thank you Porter Law, you truly were a blessing during this time and I really wish I would have found you sooner!
Kindel P
January 23, 2025 -
Jonathan Porter and his paralegal Cassidy are fantastic. They walked me through a messy divorce process and I felt had mine and my kids best interests at heart. I recommend them to anyone who needs a divorce attorney but especially if you have kid’s involved.
Shaylee Perez
March 23, 2024 -
Jonathan was fantastic to work with, he was professional, and so quick responding to any questions that I had!!! Thank you for everything you literally changed my life!!!!!
jared love
March 23, 2024 -
Jonathan and his team are seriously amazing! Jon has represented me in a few different legal matters over the years and I couldn't be more pleased every time. If you need an attorney that actually cares, communicates with you, fights for you and makes sure you understand everything that is going on- Jon literally is the best!
Amber VanDerWoude
December 23, 2024 -
Everyone in the office were so kind and helpful during my divorce. They are all very compassionate and competent and made the divorce process and court appearances easier and understandable.
Brandallyn Potter
March 23, 2024 -
Jonathan and his paralegal Cassidy were very helpful to me in my post divorce legal proceedings. They were knowledgeable, responsive, and fought hard for me. I highly recommend Jonathan.
Amanda Jane
March 23, 2024 -
Like some of us we find ourselves needing assistance when dealing with family obstacles. I fortunately found Jonathon Porter and couldn’t be more happy with the results we have obtained. We have an amazing line of communication and full transparency of what could be the possible outcomes. I couldn’t ask for a better attorney for my family’s situation. He listens and makes sure your voice is heard.
Christoph Samek
February 23, 2025
