How to Establish Paternity in Utah: What You Need to Know

When it comes to securing legal rights and responsibilities for both parents and children, the first is establishing paternity.

Like most other states, paternity determines a father’s rights to custody, visitation, and decision-making for the child in Utah. It also establishes financial obligations like child support.

Whether you’re a mother seeking financial support or a father fighting for parental rights, understanding how to establish paternity in Utah can help you take the right steps.

This article will guide you through the steps to establish paternity, and explain why it’s such a key part of family law in Utah.

Let’s break it down step by step so you can make the right decisions and understand how it impacts both your and your child’s future.

Why Is Establishing Paternity Important?

Establishing paternity defines the relationship between a father and a child. Without this legal recognition, you don’t have automatic rights to custody or visitation, and your child may miss out on financial and emotional support. It’s one of the most common mistakes people make when filing for child support or custody.

The benefits of establishing paternity involve:

Legal Rights for Fathers – As a father, you gain the right to seek child custody or visitation rights, even if you are an unmarried parent.
Financial Support for Children – Once the paternity is established, your child is entitled to child support, medical insurance, and inheritance.
Access to Family Medical History – Knowing both parents’ medical backgrounds can help address genetic health issues, such as Turner syndrome or Down syndrome.
Government Benefits – Depending on your situation, your child may qualify for Social Security, veterans’ benefits, and health insurance through the father.

How to Establish Paternity in Utah

There are three main ways to establish paternity in Utah:

1. Voluntary Declaration of Paternity (VDP)

A Voluntary Declaration of Paternity (VDP) is the easiest way to establish paternity when both parents agree on the father’s identity. This form is signed at the hospital after birth or later through the Utah Office of Vital Records.

Pros: It’s quick, free, and does not require a court hearing.
Cons: It waives the right to a paternity test unless challenged within 60 days.

2. Administrative Order Through the Office of Recovery Services (ORS)

If a mother applies for child support services, the Office of Recovery Services may order genetic testing to establish paternity. This process is useful when the father disputes paternity but does not require a formal court case.

Pros: No court fees, streamlined process.
Cons: Limited to child support matters; does not establish custody or visitation.

3. Court Order

If paternity is contested, either parent may file a petition in Utah’s family court to establish paternity. The court may order DNA testing and determine child support, custody, and visitation rights.

Pros: It resolves legal rights and responsibilities comprehensively.
Cons: It can be time-consuming and may involve legal costs.

How Long Does a Father Have to Establish Paternity in Utah

In Utah, the timeline for a father to establish paternity depends on the situation. If both parents agree on establishing paternity, they can sign a Voluntary Declaration of Paternity (VDP) at the hospital after birth or later through the Utah Office of Vital Records.

However, if paternity is disputed, either parent can file a petition in court, typically before the child turns 18 years old. Courts may also consider paternity cases beyond this age in limited circumstances, such as inheritance claims or benefits eligibility.

Unmarried fathers should act quickly to establish paternity as delays can impact custody, visitation, and child support rights. If a mother seeks child support through the Office of Recovery Services (ORS), the state may initiate a paternity action.

If you want legal recognition and parental rights, you should proactively file a paternity action in court. The sooner you begin the process of establishing paternity, the stronger your case will be for securing legal rights and responsibilities for his child.

Unmarried Fathers’ Rights in Utah

In Utah, unmarried fathers have no automatic rights to their children. Even if the father’s name is on the birth certificate, he must establish legal paternity to gain custody or visitation rights.

To protect their rights, unmarried fathers should:

File a Paternity Action in court.
Sign a Voluntary Declaration of Paternity if uncontested.
Register with Utah’s Putative Father Registry to prevent the child’s adoption without consent.
Seek a court order for custody or visitation to legally establish your parenting time.
Gather evidence of involvement in the child’s life, such as communication records, financial contributions, and caregiving efforts.
Work with a family law attorney to navigate the legal process of establishing paternity and securing your parental rights.

Does Establishing Paternity Guarantee Custody?

No. In Utah, paternity establishes a father’s legal connection to the child but does not guarantee custody or visitation. If you’re a father seeking custody, you must file a separate petition and prove that you can provide a stable and supportive environment.

What If the Mother Refuses a Paternity Test?

If the mother refuses a paternity test, as the alleged father, you can petition the court to mandate testing. Courts generally prioritize establishing paternity to ensure the child receives financial and emotional support. However, you should consult a competent family attorney first. They can help you understand your legal options and take the required steps as soon as possible.

Conclusion

As critical as establishing paternity in Utah is, it’s often a tricky situation, whether you are the alleged father seeking legal rights or a mother applying for child support. Taking the right legal steps will help you take care of your child better.

But since navigating Utah’s complex paternity laws is easier said than done, you must consult a lawyer immediately. That’s where we come in.

As one of the leading family law attorneys in Utah, Henriksen & Henriksen has helped many fathers and mothers establish paternity. If you are struggling with it, please reach out to us, and we’ll be happy to schedule a free consultation.