Legal Question in Family Law in Utah
I have a 3yr old daughter. The father that is on her birth certificate is not her biological father and he does not know that he isn't the biological father. We are breaking up and thigs are getting ugly. We are going to court to battle over custody. I don't want this secret to come out, but I am afraid of him getting custody of my daughter. He is a good dad, and I am a good mother, we just weren't good together. He has more money than I have, and I am afraid he will win because I can't afford to fight. If it gets to the point that this might happen, can I contest his right to her as him not being her "biological" father, or would the courts say no because he is on the birth certificate?
1 Answer from Attorneys
There is a presumption that the father on the birth certificate and the spouse of the mother is the biological father. This presumption can be rebutted with proof that the name on the birth certificate is not the father. However, for the past 3 years your daughter has known this man as her father. Why would you deprive her of the only man whom she knows as her father? Since he is a good father work out generous visitation arrangements.
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