Legal Question in Family Law in Utah

My sons biological father stepped out of the picture as soon as he found out that I was pregnant. My now husband has stepped into the father role and signed his name on the birth certificate when my son was born in 2010. Now 3 years later the biological father has contacted me and wants a dna test and parental rights. What rights does/can he have or does my husband hold all the parental rights?

Asked on 8/27/13, 11:36 am

1 Answer from Attorneys

Cory Wall Cory R. Wall, Attorney at Law, P.C.

The father does have the right to file a paternity action to seek a custody and parent time order which would also include a child support order which the court would make retroactive to the birth of your child. If he's made aware of the financial aspect of it, perhaps he will back off and do nothing. In the meantime, you may want to consider having your husband adopt your son. You would be able to begin an adoption without giving any notice to the father if his name is not on the birth certificate and/or he never filed anything with the state to acknowledge paternity of the child.

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Answered on 9/04/13, 10:27 pm

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