Paternity & Parentage in Utah
Family Law Attorney in Lehi, UT
HOYER LAW FIRM
51 E. Main St.
Lehi, UT 84043
(801) 901-0797
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Paternity/Parentage
A child custody battle is always challenging and stressful. However, it can even be more complicated and difficult when you are trying to father a child born outside of a spousal relationship.
Perhaps you are determined to be the best father in the world. Nonetheless, you don’t have the same rights and responsibilities as a father within a marriage. If you are not married to your ex-partner, it can be difficult to gain custody of a child. At times, it can even be difficult to obtain child visitation rights as a non-custodial parent.
In situations like these, the terms “parentage” and “paternity” always come into play. For a father to have custody and visitation rights, paternity/parentage must first be established. This process is also necessary for a child to receive child support from a non-custodial parent.
If you need legal assistance regarding paternity, you have come to the right place. Hoyer Law Firm will guide you throughout the paternity/parentage process with personal care and professional expertise.
How to Establish Paternity in Utah
In Utah, the child custody and support orders for unattached parents are carried out through a “Paternity” or “Parentage Action” in a District Court.
This process is fairly similar to what happens in a divorce when the court announces custody and support orders. In paternity, the court also grants a final order called a “Parentage Decree.” The only difference is that the parties do not partition debts or assets since the couples are not legally attached.
Setting up paternity can be “voluntary” and “involuntary” in Utah. It will be voluntary by signing the “Voluntary Declaration of Paternity.” It will be involuntary if ordered by the court.
Voluntary Paternity
If the father and the mother both concur that the presumed father is the natal father, they can establish paternity of their own accord. Unmarried parents in Utah need to sign a “Voluntary Declaration of Paternity.”
Signing takes place in Utah hospitals after the child’s birth. Parents can also obtain the form through the Office of Vital Records and Statistics. Each parent is required to sign a form as attested by two unrelated adults.
Involuntary Paternity
Involuntary paternity happens when someone altercates the paternity. Establishing an involuntary paternity in Utah is carried out in two methods. It can occur via a legal proceeding in a court or via an administrative action through the Office of Recovery Services.
In this involuntary method, the supposed father, the mother, or even the child needs to submit a “Petition to Adjudicate Paternity.” This will be carried out in the District Court or Juvenile Court within the administrative district in which the child domiciles. If both parties are uncertain of who the birth father is, the court can order DNA testing as necessary.
The Benefits of Establishing Paternity
Every father in Utah should consider establishing paternity for the following reasons:
- The father can acquire legal rights to child custody and visitation
- Both parents are required to support the child financially
- Paternity can provide a child access to his or her family’s health/medical history
- The child can benefit from medical insurance
- The child can be lawfully entitled to Social Security benefits, veterans benefits, and more
- In some cases, the child can acquire citizenship rights and responsibilities
Get in Touch with a Child Custody Attorney Today
Navigating the critical areas of paternity establishment can be challenging. Before doing anything, you need to consult a reliable and experienced attorney. Get started on a paternity/parentage action with the help of Hoyer Law Firm.
