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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April 23, 2024
