Legal Question in Family Law in Utah

Re: Divorce and children

I read the response you received from the other attorney and it is incorrect. If you were pregnant at the time of the divorce, there is a legal presumption that your ex-husband is the father of the child and upon the child's birth, your ex-husband is legally deemed to be the child's father. Procedurally, the decree needs to be amended to reflect the fact that you were pregnant at the time of the divorce and that he is the father of the child. This will, of course, require him to pay child support and share in the payment of out of pocket medical expenses, health insurance premiums and work related child care costs. The bottom line is he will be entitled to have all of the rights a father would normally have in a divorce action.

Re: Divorce and children

Unless he has filed a paternity action, and been declared the father of the child, and has obtained a visitation order from the court, he has no rights. If he is named the father, the court can establish visitation rights. The visitation rights vary with the facts of the parents and child.