Clear Legal Guidance to Protect Your Parental Rights
When questions about fatherhood arise, it can feel overwhelming not knowing where to turn or what your rights actually are. In Utah, establishing paternity is the legal process that confirms who a child’s father is and determines important rights related to custody, parent-time, child support, and official birth records.
Christensen Law helps parents navigate this process with clarity and confidence. Whether you are trying to formalize your parental rights or resolve a paternity dispute, our firm provides the guidance you need to make informed decisions that protect both you and your child.
What Does Establishing Paternity Mean?
Paternity means legal fatherhood. When a child is born to a married couple, the husband is automatically recognized as the legal father under Utah law. Both parents have equal rights and responsibilities for the child.
When parents are not married, the father does not automatically have legal rights or duties. Until paternity is established, the mother generally has sole legal and physical custody, and the father does not have enforceable rights to custody or parent-time.
Legally establishing paternity allows fathers to pursue involvement in their child’s life while ensuring children receive financial support and legal protection from both parents.
Why Establishing Paternity Matters
Establishing paternity benefits everyone involved.
For fathers, it creates the legal pathway to seek:
- Custody or parent-time
- Participation in important life decisions for their child
For mothers and children, it provides:
- Access to child support and medical insurance
- Financial stability
- Eligibility for inheritance and Social Security benefits
- Access to family medical histories
Without legal paternity, these rights and protections remain uncertain or unavailable.
How Paternity Is Established in Utah
There are several ways to establish legal fatherhood under Utah law.
Voluntary Declaration of Paternity (VDP)
When both parents agree on a child’s biological father, they may sign a Voluntary Declaration of Paternity. This form is filed with Utah Vital Records and places the father’s name on the birth certificate. It also allows the child’s name to be changed if the child is under one year old.
Hospitals typically offer the VDP after birth, and local health departments also provide it. A VDP establishes paternity but does not determine custody, visitation schedules, or child support.
Administrative Paternity Orders (Office of Recovery Services)
If a custodial parent applies for government assistance such as Medicaid or TANF, the Utah Office of Recovery Services will begin a paternity case and determine legal fatherhood for child support purposes.
This administrative process establishes support obligations but does not resolve custody or parent-time issues. Court orders are required for those matters.
Court-Ordered Paternity
When parents disagree about paternity or need formal custody and visitation orders, a parentage case may be filed in Utah district court. The court can:
- Establish legal fatherhood
- Order DNA testing if needed
- Create enforceable custody and parent-time schedules
- Set child support obligations
- Order corrections to a child’s birth certificate
This is the most comprehensive route when disputes exist or parenting arrangements must be legally established.
What Happens After Paternity Is Established
Once the court recognizes a child’s legal father, it can also issue orders addressing the full range of parental rights and responsibilities.
Child Support
Support obligations are determined using Utah’s Child Support Calculator. Orders typically include monthly payments, health insurance coverage, and medical expense sharing.
Custody and Parent-Time
Paternity alone does not grant custody or visitation rights. Parents must either reach an agreement through mediation or request court orders that formally define parenting schedules and legal decision-making responsibilities.
Birth Certificate Updates
Court orders or valid declarations of paternity can be used to modify official birth records. This process allows a father’s name to be added or removed and enables legal name changes for the child when approved by the court.
How Christensen Law Helps
Paternity cases involve strict deadlines, precise paperwork, and high-stakes emotional decisions. Christensen Law handles every step of the process so your rights are protected and your case moves forward correctly.
Our firm provides:
- Preparation and filing of parentage cases
- Court motions for genetic testing when needed
- Mediation representation for parenting plans
- Advocacy for custody and parent-time rights
- Child support establishment or modification
- Birth certificate record corrections
We guide you toward practical solutions while keeping your child’s best interests front and center.
Additional Paternity Topics For More In-Depth Information
For parents seeking deeper education on specific paternity-related issues, the following in-depth topics may be helpful. These guides will be linked here as they become available:
- DNA Testing for Paternity in Utah: What Parents Need to Know
- Voluntary Declaration of Paternity in Utah: The Complete Guide
- Can the Office of Recovery Services Establish Paternity for Me?
- Does Establishing Paternity Grant Custody or Parent-Time?
- Can a Biological Father Claim Rights if the Mother Is Married?
- Father’s Rights in Utah When Adoption Is Being Considered
Start Protecting Your Parental Rights
Whether you are seeking clarity or preparing to take legal action, early guidance makes a difference. Christensen Law is here to help you establish paternity properly, protect your parental rights, and build stability for your child.
Schedule a confidential consultation today to discuss your options and next steps.
Frequently Asked Questions
Do fathers have rights before paternity is established in Utah?
Unmarried fathers do not have automatic legal rights until paternity is formally confirmed.
Can paternity be established without court action?
Yes, through a voluntary declaration when both parents agree.
Does a paternity declaration grant custody or visitation?
No, custody and parent-time require a separate agreement or court order.
Can DNA testing be ordered if one parent refuses?
Yes, the court may order genetic testing.
Can a father be added to the birth certificate later?
Yes, through a VDP filing or a court order submitted to Utah Vital Records.