Are you mediating on paternity? Are you looking for a reliable law firm with a renowned paternity lawyer in Utah? The Law Office of David Pedrazas, PLLC serve the residents of Utah. David Pedrazas is a talented paternity attorney who is always ready to address your concerns whenever you visit our office.
Here are some frequently asked paternity questions.
What is Paternity?
Paternity definition refers to legal fatherhood. Upon giving birth, a married woman’s husband is considered to be her child’s father. However, when a woman gives birth to a child outside marriage, the child’s father lacks the same responsibilities as those of a married woman’s child. The law in Utah permits the child, father, and mother to declare the man as the child’s father, thus establishing the child’s paternity.
What is Paternity Establishment?
In the U.S, when an unmarried woman delivers, the child’s biological father doesn’t automatically get the legal duties or rights that are common with fatherhood. Therefore, the child, father, and mother are allowed to establish the child’s father. Paternity establishment provides unmarried parents the same rights that married parents have.
Why is it Necessary to Establish Paternity?
- Support: Both parents should support their kid even when they are divorced.
- Medical: At times, a child may require knowing whether they inherited a particular health condition. Also, if either the child or their parent need a donor, it’s vital to know their immediate family members.
- Citizenship: Often, a child gets their nationality from their parents. If a parent isn’t born in America, their place of birth will offer the child some fundamental rights.
- Benefits: Paternity establishment essential for a child to get legal entitlement to some of their parents’ benefits such as inheritance rights and insurance benefits.
What Happens if a Woman is Married and Her Husband isn't the Child's Biological Father?
Upon delivering, a married woman’s husband is assumed to be the child’s father. The state provides her husband with all fatherhood rights until the Utah Voluntary Declaration of Paternity ends the paternity.
How is Paternity Establishment Related to Custody?
Paternity establishment offers a child’s father various rights such as the right to seek custody. In case the parents are unable to agree on a particular custody arrangement, they should address it in a lawsuit.
How does Paternity Affect Parent Time?
Establishing paternity offers a child’s father individual rights such as the right to pursue parent visitation. If the child’s parents can’t agree on a precise parent-time schedule; they should seek a court order.
How Can I Get Help with Child Support?
How Can I Get Help with Parent Visitation?
To discuss your visitation issues, consult with legal experts. Generally, parents have a right to visitation unless under special circumstances. An attorney will take you through the entire process.
Should People Under 18 be Concerned About Child Support and Paternity?
A court can name a minor as a child’s father. Also, it might order them to offer child support. The law determines the amount of child support using the parents’ incomes. However, even though a teenager might be unemployed, the court may order them to pay an absolute minimum of child support on a monthly basis.
How Can I be Sure that I Am the Child’s Real Father?
There are various genetic tests that you can take to ascertain whether you are the child’s father. You need to provide a DNA sample that will be compared with that of the child. A doctor takes the sample by rubbing and oral swab in your mouth. Also, they can obtain it by drawing some of your blood.
Furthermore, numerous firms offer genetic test services. However, ensure that the American Association of Blood Banks (AABB) has accredited you preferred company. It enables you to present them as evidence in a paternity case. We offer affordable genetic tests if you file an open paternity establishment suit.
How Do I Establish Paternity?
In Utah, you can establish paternity in the following three ways;
Voluntary Declaration of Paternity (VDP)
It is a form which the Department of Health, Statistics and the Office of Vital Records provide. Unmarried parents usually sign it to voluntarily declare that a particular person is the child’s biological father and that the state should recognize them.
A child’s biological parents receive a legal notice which they scrutinize after which they sign it simultaneously before two witnesses. The Office of Vital Records and Statistics then fills the form. You can sign the document where a child was delivered, at any health department and the Office of Vital Records and Statistics.
Administrative Paternity Order
The Utah Administrative Procedures Act (UAPA) allows particular state agencies to establish binding and legal orders against people. The administrative process doesn’t occur in a judicial court; instead, its effect resembles that of a judicial paternity order.
In the beginning, one parent should apply for support services. After opening the case, the parents receive a Notice of Agency (NAA). It offers specific child support cash amounts and medical insurance information. If paternity establishment is necessary, NAA will have a precise appointment date for DNA tests. Also, if one of the parents is uncertain about the child’s biological father, it’s critical to perform the DNA tests before they establish paternity.
Furthermore, while applying for the services, the ORS includes a schedule of chargeable fees for different collection services occurring after you establish child support and paternity. However, you may opt to terminate the case after receiving a paternity order.
Judicial Paternity Order
It’s useful if a parent hasn’t established paternity before an initial support conference. Also, it creates fatherhood or dismisses a support action. However, you have to file a complaint first. Both the accused and the prosecutor also need to complete the Confidential Litigant Information Sheet (CLIS). The form should be present when filing for a first pleading.
Paternity Lawyer in Salt Lake City, Utah You Can Trust
Are you planning to file a paternity case? The Law Office of David Pedrazas, PLLC offers reliable legal advice and services on how to go about it. Also, we protect your constitutional rights regarding your child. Contact Salt Lake City, Utah paternity lawyer, David Pedrazas in Salt Lake City, Utah for a free evaluation. With over 20 years of experience, we have the compassion and legal expertise to help guide you through the process of establishing paternity as smoothly as possible. Give us a call at 801-263-7078 today.