3 Things You Didn’t Know About Paternity Rights


paternity rightsMany fathers do not understand fully the rights and obligations they have under the law when it comes to paternity. Here are three things you didn’t know about paternity rights that will help take away some of the uncertainty surrounding paternity rights:

1. When a mother is unmarried at the time of birth of a child, the mother, the child, the father, or even the State of Utah can legally establish that a man is the father of the child through the lawyer of “paternity establishment.” Once a father has established paternity, he has the same rights and duties as a married father. A father who has established paternity can pursue parenting time (visitation) or even seek primary care of the child. If the father obtains primary care of the child, he may be eligible to receive child support from the mother of the child. Because the child’s care is the responsibility of both parents, even if the parents are unmarried, than the father may also be required to pay child support to the mother if the mother is the parent who has primary custody of the child.

2. If the mother of a child is married, the husband is automatically presumed by the state of Utah to be the father of the child and will have the rights and obligations of fatherhood unless the he takes action to file a declaration to disestablish paternity. If the husband successfully disestablishes paternity of the child, he bears no legal responsibility for and has no legal rights relating to the child.

3. In Utah, a minor who is established as the father of a child can still be responsible for child support even though he is not yet eighteen. Additionally, the father is entitled to the same rights as a parent who has reached the age of majority, including the right to pursue visitation or custody of the child.

If you have any questions about your Paternity rights, contact Howard, Lewis & Petersen, PC. today.