Legal Question in Family Law in Utah

custody of newborn

My daughter was married to a man for 18 months. They have since divorced and she was pregnant. In the divorce papers her X had it written in the papers that there were no existing chidren that came from the marriage. She had to get on state insurance to have the child. the baby is now 3 weeks old and the father has decided that he may have made a mistake and wants visitation. What are his rights and what are my daughters. He lives out of the state now and his name is not on the birth certificate.


Asked on 11/14/08, 12:05 am

2 Answers from Attorneys

Cory Wall Cory R. Wall, Attorney at Law, P.C.

Re: custody of newborn

If your daughter was pregnant at the time of the divorce, then the divorce decree needs to be amended to reflect that fact. There is a process to reopen the divorce action to have the decree corrected to reflect that there actually was a child expected at the time the divorce was commenced. Your daughter's ex-husband will have the right to visitation, etc. but that will also go with his financial obligations concerning child support, child care, medical costs and medical insurance premiums.

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Answered on 11/18/08, 11:22 am
Alvin Lundgren Alvin R. Lundgren, L.C.

Re: custody of newborn

The father needs to file an action declaring himself to be the father, otherwise he has no rights. Your daughter can decide whether she wants to name him as the father. She can initiate an action to name him as the father. If he is found to be the father, then he will be required to pay child support, and may be entitled to visitation.

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Answered on 11/14/08, 10:11 am


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