ESTABLISHMENT OF PATERNITY

CS 328P Interstate

4/87 Revised 01/03/10 Training Completed 01/18/11

45 CFR 303.7; UCA 78B-3-205, 78B-14-201; 78B-15-308; 78B-15-604

 

 

Alleged Father Does Not Reside In Utah

 

If you have determined from the mother that the out-of-state alleged father will voluntarily cooperate with paternity establishment, provide the opportunity for genetic testing at no cost to the parties.  If genetic testing is completed and the alleged father is not excluded, ask the parents to sign an administrative Stipulation and Order:  Paternity and Child Support form that includes the option indicating that the parents submit to personal jurisdiction by this State and specifically waive any right to contest this personal jurisdiction.  If the parents fail to sign the stipulation, establish paternity and support using the UIFSA process in the state where the alleged father resides.

 

 

Utah Long-Arm Criteria

 

You may bring an action against a non-custodial parent/alleged father residing in another state if the case meets one of the criteria listed in Utah’s Long-Arm statute found in UCA 78B-3-205:

78B-3-205.   Acts submitting person to jurisdiction.
Notwithstanding Section 16-10a-1501, any person or personal representative of the person, whether or not a citizen or resident of this state, who, in person or through an agent, does any of the following enumerated acts is subject to the jurisdiction of the courts of this state as to any claim arising out of or related to:…

(6) with respect to actions of divorce, separate maintenance, or child support, having resided, in the marital relationship, within this state notwithstanding subsequent departure from the state; or the commission in this state of the act giving rise to the claim, so long as that act is not a mere omission, failure to act, or occurrence over which the defendant had no control; or
(7) the commission of sexual intercourse within this state which gives rise to a paternity suit under Title 78B, Chapter 15, Utah Uniform Parentage Act, to determine paternity for the purpose of establishing responsibility for child support.”

 

UCA 78B-15-604 provides additional information concerning jurisdiction in paternity issues.  It states:

“78B-15-604.  Personal Jurisdiction.
(1) An individual may not be adjudicated to be a parent unless the tribunal has personal jurisdiction over the individual.
 (2) A tribunal of this state having jurisdiction to adjudicate parentage may exercise personal jurisdiction over a nonresident individual, or the guardian or conservator of the individual, if the conditions prescribed in Section 78B-14-201 are fulfilled, or the individual has signed a declaration of paternity.
 (3) Lack of jurisdiction over one individual does not preclude the tribunal from making an adjudication of parentage binding on another individual over whom the tribunal has personal jurisdiction.”
(Emphasis added.)

 

UCA 78B-15-308(2) provides information concerning jurisdiction in rescission/challenge proceedings: 

“For the purpose of rescission of, or challenge to, a declaration of paternity or denial of paternity, a signatory submits to personal jurisdiction of this state by signing the declaration or denial, effective upon the filing of the document with the Office of Vital Records.

 

UIFSA Long-Arm Criteria

 

You may bring an action against a non-custodial parent/alleged father residing in another state if the case meets one of the criteria listed in UCA 78B-14-201:

78B-14-201.   Bases for jurisdiction over nonresident.
(1) In a proceeding to establish or enforce a support order or to determine parentage, a tribunal of this state may exercise personal jurisdiction over a nonresident individual, or the individual's guardian or conservator, if:
(a) the individual is personally served with notice within this state;
(b) the individual submits to the jurisdiction of this state by consent, by entering a general appearance, or by filing a responsive document having the effect of waiving any contest to personal jurisdiction;
(c) the individual resided with the child in this state;
(d) the individual resided in this state and provided prenatal expenses or support for the child;
(e) the child resides in this state as a result of the acts or directives of the individual;
(f) the individual engaged in sexual intercourse in this state and the child may have been conceived by that act of intercourse;
(g) the individual asserted parentage in the putative father registry maintained in this state by the state registrar of vital records in the Department of Health pursuant to Title 78B, Chapter 6, Part 1, Utah Adoption Act; or
(h) there is any other basis consistent with the constitutions of this state and the United States for the exercise of personal jurisdiction.
(2) The bases of personal jurisdiction set forth in Subsection (1) or in any other law of this state may not be used to acquire personal jurisdiction for a tribunal of the state to modify a child-support order of another state unless the requirements of Section 78B-14-611 or 78B-14-615 are met.”

 

If the case does not meet the long-arm criteria, attempt to establish paternity using the UIFSA process in the state where the father resides

 

 

Long-Arm Procedures

 

Long-Arm Notice of Agency Action: Paternity and Child Support:  Federal regulations require states to use long-arm statutes whenever possible to establish paternity.  Utah's long-arm statute allows paternity to be established and support ordered, even though the alleged father lives in another state, if the case meets one of the long-arm criteria found in the UIFSA Long Arm Criteria section above. 

 

Document the evidence for Utah’s long-arm jurisdiction per the UIFSA criteria in the case narratives.  Choose the correct options within the Notice of Agency Action (NAA) to indicate Utah’s jurisdiction over the parties.

 

If the NCP requests genetic testing, contact one of the genetic testing labs contracted with CSS and arrange for the NCP to be tested in the NCP’s state.

 

If the NCP requests a hearing and paternity is an issue, you may attempt to resolve the issues informally with the NCP and obtain a signed Stipulation and Order:  Paternity and Child Support to indicate that the NCP is waiving the hearing.  If you cannot obtain a stipulation, dismiss the NAA and either refer the case to the AGO for judicial action (you must be able to successfully serve the NCP in the other state) or send an interstate referral to the NCP’s state.

 

 

UIFSA

 

If the case does not meet any of the long-arm criteria listed above and the out-of-state alleged father will not sign a stipulation to submit to Utah’s jurisdiction, paternity must be established in the state where the alleged father resides using the UIFSA process. 

 

Federal regulations found at 45 CFR 303.7(d)(2) require the responding state to be responsible for paying any costs it incurs in establishing paternity. 

 

 

Mother Does Not Reside In Utah

 

Incoming Interstate Case Procedures:

If another state refers a case to Utah for the establishment of paternity and a support order, work the case as you would any other intrastate case to the extent possible.  Coordinate case activities as needed with the initiating agency either over CSENet, by telephone, or in writing.  If you need to serve the alleged father and you need the initiating agency to provide additional information, you may either contact the initiating state through CSENet or send the Interstate: Progress Report form.  Federal regulations found at 45 CFR 303.7(d)(7) require responding state IV-D agencies to provide timely notice in advance to the initiating agency of any hearings before a tribunal that may result in establishment or adjustment of an order.

 

Any costs that are incurred as a result of establishing paternity must be paid by Utah.  Therefore, before considering an action that may result in extensive costs, such as a court action that will require the obligee to travel to Utah, consult first with your manager or attorney.