Paternity Presumptions in Utah During Divorce Proceedings

Child Support and Custody in Utah Affected by Paternity Presumptions

During Utah divorce proceedings, one contentious issue is child support and child custody.  When a woman is unfaithful and becomes pregnant with another man’s child, the divorce proceedings only becomes more complicated regarding child support and child custody.  The complication is due to paternity presumptions under Utah law.

Paternity Presumptions in Utah

Family Law in Utah 3rd edition, describes these presumptions.  A man is presumed to be the father of a child if: 1.) the divorcing couple is married to each other and the child is born during the marriage.  2.) The man and mother of the child were married, and the child is born within 300 days after the marriage is terminated by annulment, divorce or after a decree of separation. 3.)  Before the child is born, the couple married in compliance with the law, even if the marriage is or could be invalid and the child is born during the invalid marriage or within 300 days after its termination by annulment, divorce or after a decree of separation.

Further, a man is presumed to be the father of a child if: 4.) after the child’s birth, he and the mother marry and he voluntarily asserts his paternity of the child, there is no other presumptive father, and it is recorded with the state registrar.  5.) The man agrees to be and is named on the child’s birth certificate or in a record he promises to support the child as his own.

A final order or decree issued by a court in which paternity is decided may not be set aside unless the court finds that one of the parties perpetrated a fraud in determining the paternity order and the other party did not know or could not have known of the fraud.  The party who committed the fraud may not bring the action.

Utah Divorce Lawyers Protect Paternity Rights

If you are challenging child custody or child support during a divorce proceeding, and you have a question affecting the status of your paternity rights, call a divorce attorney from the Salcido Law Firm.  A lawyer from Salcido Law Firm will help you with your divorce and ensure your paternity rights are protected.  Call a lawyer at 801.618.1331 for your free consultation.

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