Establishing Legal Rights and Responsibilities for Parents
Parentage in St. George for individuals seeking to establish, dispute, or clarify legal parent-child relationships
Witt Law Offices represents clients in parentage actions, which are legal proceedings used to establish who the legal parents of a child are under Utah law. If a child is born outside of marriage or if there is a dispute over paternity, a parentage action determines who has the legal right to custody, parenting time, and decision-making authority, and who is responsible for child support. The firm handles cases involving DNA testing, contested paternity, and complex family situations where parentage is unclear or disputed.
Parentage is not the same as custody. Establishing parentage creates the legal relationship, but custody and parenting time must be determined through a separate court order or agreed upon by the parties. DNA testing is often requested by the court or by one of the parties, and test results showing a probability of paternity above a certain threshold create a legal presumption that must be rebutted with evidence. Once parentage is established, the court can issue orders for custody, parenting time, and support just as it would in a divorce case.
If you need to establish your parental rights or are being asked to take a paternity test, contact Witt Law Offices to discuss your options and what the court will require.
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What Happens After Parentage Is Established
Once parentage is legally recognized, both parents have the right to request custody and parenting time, and both are subject to child support obligations based on their income and the custody arrangement. The court will treat the case the same way it treats custody disputes in divorce proceedings, using the best interest of the child standard to determine where the child lives and how parenting time is divided.
Witt Law Offices helps clients understand that establishing parentage also means accepting legal responsibility, including financial support, even if the relationship with the other parent has ended or never existed. For fathers, a parentage order provides enforceable visitation rights and legal standing to participate in medical, educational, and religious decisions. For mothers, it ensures that the other parent contributes financially and shares parenting duties. When parentage is disputed, the firm represents clients through DNA testing procedures, court hearings, and negotiations to reach a custody and support arrangement that reflects the child's needs.
In cases where the presumed father is not the biological father, Utah law allows a challenge to parentage within certain time limits. If you signed a voluntary declaration of paternity at the hospital or submitted one to the state, you may be able to rescind it if DNA testing shows you are not the biological parent, but you must act quickly.
The law also addresses situations involving assisted reproduction, surrogacy, or adoption, where genetic relationship and legal parentage may not align.
Answering Questions About Paternity and Parental Rights
Clients facing parentage disputes often ask about testing procedures, how long the process takes, and what rights exist before parentage is legally confirmed.
What is a voluntary declaration of paternity?
It is a form signed by both parents, usually at the hospital, that establishes legal paternity without a court order. Once signed and filed with the state, it has the same effect as a court judgment unless later challenged.
How accurate is DNA testing in parentage cases?
Court-approved DNA tests measure genetic markers and typically show a probability of paternity greater than 99 percent if the tested individual is the biological father, or zero percent if not.
What rights does a father have before parentage is established?
Until a court order or voluntary declaration establishes parentage, an unmarried father has no legal custody or visitation rights and cannot be required to pay child support, but also cannot make decisions about the child's care or schooling.
Why would someone dispute paternity?
Common reasons include doubt about the biological relationship, concerns that another person is the actual father, or situations where the mother listed the wrong individual on the birth certificate or declaration.
How does parentage affect child support in St. George?
Once parentage is established, the court calculates child support using the Utah child support guidelines, which are based on both parents' gross income, the number of overnights each parent has, and certain allowed deductions.
Parentage cases can be emotionally difficult and legally complex, especially when family relationships are uncertain or when one party denies responsibility. Witt Law Offices provides representation that protects your rights as a parent, ensures that testing and court procedures are followed correctly, and helps you obtain or defend against custody and support orders based on the facts and the law.
