Establishing Paternity

To begin a paternity case, a parent files a Petition for Paternity, and the other parent files an Answer. In most cases, both parents acknowledge who the biological father is, and DNA testing is not required. However, if one parent disputes the identity of the father, the court can order DNA testing to confirm parentage before any custody or support orders are issued. Establishing legal parentage is the first step to ensuring the child’s rights and support are protected.

Temporary Orders

While the case is pending, either parent can request temporary orders to address immediate needs. These orders can cover custody, visitation schedules, and child support. Temporary orders provide stability for the child and help parents anticipate what the court may decide at trial.

Custody and Visitation

Paternity cases focus on the child’s welfare. The court can award:

• Sole physical custody to one parent

• Joint physical custody where the child spends significant time with both parents

• Sole or joint legal custody, giving parents the authority to make major decisions about the child’s upbringing

• A detailed parenting and visitation schedule

These arrangements are similar to those in divorce cases, with courts aiming to balance the child’s best interests and the parents’ involvement.

Child Support

Child support is calculated based on the parents’ monthly incomes and the time each parent spends with the child. The Office of Recovery Services (ORS) can assist with enforcement if payments are not made. Like in divorce, child support is intended for the benefit of the child and cannot be waived by agreement between the parents.

Discovery in Paternity Cases

Paternity cases follow the same discovery rules as divorce under Rule 26 of the Utah Rules of Civil Procedure. Either parent may request admissions, interrogatories, and documentation such as tax records or employment information. Discovery ensures that custody and support decisions are based on complete and accurate information.

Trial and Decree of Paternity

If mediation and temporary orders do not resolve the case, it proceeds to trial. Court Commissioners typically handle temporary matters, while District Court Judges preside over trials and issue the Decree of Paternity. The decree formally establishes the child’s legal parentage and sets final orders for custody, visitation, child support, and any related matters such as a child’s name change.

Why Paternity Matters

Establishing paternity ensures that the child receives the support and stability they need. It also provides both parents with clear, enforceable rights and responsibilities. With a Decree of Paternity, parents can create structured parenting schedules, define financial obligations, and secure long-term certainty for the child, even if the parents are no longer together.

Paternity Cases and Divorce: Procedural Parallels

Paternity cases are just as important as divorce cases in protecting children’s rights and ensuring fair outcomes for parents. Like divorce proceedings, paternity cases follow formal procedural rules, including the filing of pleadings, discovery, temporary orders, mediation, and trial.

When unresolved matters go to trial, District Court Judges preside over bench trials and issue final orders, just as they do in divorce cases. By following the same legal framework as divorce cases, paternity cases provide parents and children with stability, enforceable rights, and clarity regarding parental responsibilities. Establishing parentage through the court ensures that children receive the support and care they deserve while giving both parents a fair and structured opportunity to participate in their child’s upbringing.

When the situation is complex, having the right attorney matters. With over 17 years of family law experience, Carolyn is committed to protecting your peace, children, finances, property, and overall well-being throughout every stage of divorce and post-divorce proceedings.