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.