Legal Question in Family Law in Utah

Non biological father, unwed

My boyfriend 5 years ago had a one night stand with a girl that four weeks later led him to believe he was the father of her child. He did the right thing and stuck it out only for her to leave him after a year. He took her to court two years ago only to have the courts require a DNA test. The child is not his and she has now kept the child from him since April of 08. He continues to fight to see the child in hopes that someday he will. We live in Utah and have been batteling this in court for a year and half to get nowhere. She wants to recind acknowledgement and get him out of the picture. But for some reason he won't stop fighting and racking up an attorney bill so far of $7,000

I am upset because we have our own baby now that is 5 months old and are completely not in the financial position to continue this any longer nor be in a position to end up paying child support that now she is requested the court to award her with for the time he has not seen him. No one can seem to give us an end result here. Can you help.


Asked on 1/15/09, 7:36 pm

1 Answer from Attorneys
Cory Wall Cory R. Wall, Attorney at Law, P.C.

Re: Non biological father, unwed

In reading your question, I must admit that I'm a little confused. You mentioned that the child is "not" his. If that is the case, then he has no rights to the child, including visitation. By the same token, the mother has no right to seek child support from him. If the child were his, he absolutely has the right to have visitation and the mother does have the right to seek child support. The bottom line is, if the child is not his and if that has been substantiated through the courts, there's really no point in battling it out.

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Answered on 1/21/09, 12:15 pm


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