Under Utah law, if the child is born during the marriage of the parents, paternity is automatically established. The legal father is the husband and the husband’s name will appear on the birth certificate of the child as the father’s name. However, under Utah law, a child will have no father if the child is born to an unmarried couple and paternity must be established for the father’s name to appear on the child’s birth certificate. To know how you can establish paternity of your child, speak to an experienced Utah paternity attorney. When the law makes a presumption, the court assumes that the presumed fact is true until it is presented with evidence to the contrary. Legal presumptions are based upon inferences that the law makes. For instance, children are presumed to be their parents’ intestate heirs because the court infers that parents would want their children to have most of their property. If you are fighting a paternity case in Utah consult an experienced Utah paternity attorney. The issue of paternity comes up in a divorce proceedings where the spouses are fighting on the issue of child support. Often the husband will claim that he is not the father of the child to avoid paying child support. In such cases, a paternity lawsuit can help determine the biological father of the child. PresumptionsThe law presumes that a man is the father of all children his wife conceives during their marriage. Sometimes a man will assume the paternity of a child born to his wife and “hold himself out” as the child’s father, even if he knows himself not to be the father or if his paternity is uncertain. If there is a subsequent divorce, he may raise the question of paternity for the first time in the divorce proceeding. In most cases, a man who assumes paternity (either by signing the birth certificate or giving the appearance to the community that he is the child’s father) cannot later deny that he is the child’s father. This is often true even if he learns for the first time during the divorce proceeding that he is not or may not be the father of the children. In past years, an unmarried mother would often look to AFDC for support of her child(ren) without attempting to identify and pursue the child’s father for support. Today, however, all jurisdictions are obligated to assist single mothers in taking an active role in establishing paternity; they risk losing benefits if they refuse to participate. It is not unusual, for example, for a hospital with an active maternity ward to offer assistance with establishing paternity to an unmarried woman who does not identify the father of her child. In recent years, an ever-increasing number of children have been born without a father who acknowledges his fatherhood. The number of out-of-wedlock births has skyrocketed, and there has also been a dramatic increase in the number of cases involving husbands or wives who claim that a child conceived within a marriage was fathered by another man. One of the many consequences of this is that such children do not obtain their legal right of the care and support of two parents. In earlier years, when the social welfare system borne by the state and federal governments was not as overburdened as it is today. Attempts were made to establish paternity – i.e., to identify the father of the child – but few were successful. One of the major reasons for this was that the available biological tests were not very sophisticated. Their primary ability was to establish that a “putative” father – a man claiming or claimed to be the father – was not, in fact, the father. The method involved blood tests of the mother, father, and child. If the child had a blood type that could not have been inherited from that father, paternity was denied. If the child had the blood type of the mother or of neither parent, the test was unable to assist in establishing paternity. Paternity Lawyer in Utah Free ConsultationWhen you need legal help from a paternity attorney in Utah, please call Ascent Law LLC for your free consultation (801) 676-5506. Whether it is Child Support, Child Custody, Parent time, visitation, and more. We want to help you.
Ascent Law LLC
8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506
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