Legal Question in Family Law in Utah

Potential Paternal Father 's Rights/Not Listed on Birth/Cert.

A man thinks he's the pat. father, but is not listed on B/C,

Can he motion to have a DNA test drawn up on parents listed

on B/C and himself and if test prooves he is Pat. Father, what happens to the rights of the father listed on the B/C?


Asked on 4/18/04, 12:34 am

1 Answer from Attorneys

Alvin Lundgren Alvin R. Lundgren, L.C.

Re: Potential Paternal Father 's Rights/Not Listed on Birth/Cert.

If the paternity test shows that Mr A is the father, and Mr B is listed on the birth certificate, Mr A can petition the court for an order of paternity, which would result in a new birth certificate. Mr. B then loses his rights (although he can petition the court to continue his rights based on Mr B's view of the facts, which a court may find are relevant. Example, Mr A has been absent for 3 years and Mr B has treated the child as his own. In such a case a court might find that Mr A has abandoned the child and it is in the child's best interest to retain Mr B as father.)

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Answered on 4/19/04, 9:57 am


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