Legal Question in Family Law in Utah
I have a son with a woman who was not my wife. When he was born on Columbus, OH, they had her put the name of the man she married after she was already pregnant even though he was not biological father on birth certificate. He is no longer in the picture and never supported him. She wants me to have him move in with me. I live in Massachusetts, she lives in Utah with him right now. I want to have his name changed to show both his mother's and mine. I need to be at least a guardian for him to live with me and go to school here, What is the best and less costly way to take care of all of this as everything is in different states?
1 Answer from Attorneys
Generally the law assumes that the named father on the birth certificate is the birth father. Therefore, you are not considered the legal father of the child. The named father can object and seek a paternity determination as long as he does it within a short time after he learns his name was used. If the named father is declared not to be the father, a second paternity action can be started to have you named the father.
If you want to declare paternity you have to file for paternity in Utah. If the court determines you are the father, then you will be obligated to support your child. You will also get paternal visitation and custody rights.
If you and she agree, you can become a temporary guardian - this process is not terribly expensive, but there is a limit on your rights as a guardian.
You may call for a free consultation. I have handled cases like this before.
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