Paternity Lawyer in Ogden, UT
Family-Owned Paternity Counsel Since 1979
- Free, No-Obligation Paternity Consultations
- DNA Testing, Declarations, and Paternity Suits
- Representation for Custody, Support, and Parent-Time
- 24-Hour Response Standard on Every Inquiry
Meet Our Lead Family Law Attorney
Bryce M. Froerer has been with our law firm in Ogden, UT, for more than 30 years. He now leads our family law team. You can schedule a free consultation with Bryce to talk about paternity, parental rights, child custody, and more.
What Is Paternity?
Paternity is the legal establishment of fatherhood and defines the rights and obligations of both the father and the child.
In Utah, issues related to paternity often come up when a married couple decides to divorce or when a child is born to an unmarried woman. Properly establishing paternity is critical in these situations because it affects a man's parental rights and his responsibilities for paying child support.
Paternity can be established voluntarily through several methods, or involuntarily through a lawsuit. When you are involved in a paternity case, working with an attorney who understands family law in Utah can ensure that all of your legal bases are covered and that your rights are protected.
How Is Paternity Determined in Utah?
The most common way of establishing paternity is through marriage. When a child is born to a married couple, the husband is presumed to be the legal father. If a child is born within 300 days of a marriage being terminated, whether through divorce or some other means, the ex-husband is still presumed to be the legal father.
Two unmarried parents can agree to sign an official Voluntary Declaration of Paternity form. Once this form is filed, the man who signed it becomes the child's legal father.
A mother, a father, or the state can file a paternity lawsuit. In these types of cases, the probable father is required to appear in court. The court will likely conduct a DNA test to determine biological parentage. If the court establishes paternity, the father will be required to pay child support.
Of course, any man can become a child's legal father through adoption. At Froerer & Miles in Ogden, UT, our family law team assists couples through the adoption process.
The Legal Significance of Paternity
However paternity is established, it offers important legal protections and provides necessary rights to both parent and child. The legal significance of established paternity differs for the mother, father, and child:
Paternity determinations are an effective method of securing financial support from the father. However, established paternity can also require the mother to share custody with the father or allow for parent-time.
Legally established paternity holds the father responsible for his share of support. A successful paternity suit can compel an unwilling father to provide financial support. In addition, legal paternity affords the father custody and parent-time rights to the child and gives him the opportunity to provide or refuse consent in the event of an adoption.
In addition to gaining financial support, a paternity determination affords a variety of rights to the child, including the right to:
- Receive shelter and aid
- Inherit
- Access personal information about familial health history
- Sue for harm or death of the father
- Receive workers’ compensation benefits
Knowing who their father is can also offer a sense of emotional and psychological relief for a child.
