Paternity
When the parents of a child are not married at the beginning of the pregnancy or at the birth of the child, the father is legally without the rights and responsibilities of a parent. Even if the parents agree as to the identity of the father, a paternity case is the best way to legally establish a parent-child relationship with the father. This process gives the father custody and visitation rights, while imposing upon him a legal obligation to provide specific financial support for the child.
Establishing Paternity
In Utah, paternity can be established both voluntarily or involuntarily through various legal approaches, including:
Voluntary Declaration of Paternity (VDP)
Both mother and father voluntarily sign an official confirmation of paternity and include the father’s name on the child’s birth certificate, usually at the time of birth.
Administrative Paternity Order
The Office of Recovery Services is granted the power to establish paternity under Utah state law. ORS will begin the process by sending parents a document called the Notice of Agency Action. ORS may require genetic testing to establish paternity.
Judicial Paternity Order
A court order can be filed by either parent to legally declare paternity. Among other evidence, the courts may use DNA testing to establish paternity if there is a dispute or uncertainty about the biological father.
Seeking Legal Assistance
Millar Legal can assist you with questions regarding paternity issues, such as if you have a child that you have been unable to see, or if someone claims that you are the parent of their child, or if a person claims to be the father of your child. Please contact Millar Legal today at (801) 424-5280 for a free 30-minute consultation so you can be informed on how to protect your parental rights.