Legal Question in Family Law in Utah

Re: divorce

In reading your question, I'm a little confused as to who you are referring to when discussing the two men involved. In any event, you could get the marriage annulled. However, whenever a child is born to a married couple, there is a rebuttable presumption that the husband is the biological father of the child. An annulment won't change that. You should have paternity testing done to confirm who the father is and then proceed accordingly. If your husband is not the father of the child, then you would need to address that problem in the annulment/divorce action. You may then have to file a paternity action agaisnt the actual father in order to establish parental/parent-time rights and to establish the financial obligations for the child, including child support.