ESTABLISHMENT OF PATERNITY

CS 329P Paternity Disestablishment, Overview

04/87 Revised 08/13/08 Training Completed 04/28/05

UCA 26-2-2; 62a-11-304.2; 78B-12-112(3)(c), 78B-15-102, 78B-15-204, 78B-15-601

 

Definitions

 

1.                  Adjudicated (ordered) father:  Defined in UCA 78B-15-102(1) as follows:

 

“(1) ‘Adjudicated father’ means a man who has been adjudicated by a tribunal to be the father of a child.”

 

UCA 78B-15-102(26) defines a tribunal as follows:

 

“(26) "Tribunal" means a court of law, administrative agency, or quasi-judicial entity authorized to establish, enforce, or modify support orders or to determine parentage.”

 

2.                  Declarant father:  Defined in UCA 26-2-2(4) as follows:  

 

“(3) ‘Declarant father’ means a male who claims to be the genetic father of a child, and along with the biological mother, signs a voluntary declaration of paternity to establish the child's paternity.”

 

3.                  Presumed father:  Defined in UCA 78B-15-102(20) as follows:

 

“(20) ‘Presumed father’ means a man who, by operation of law under Section 78B-15-204, is recognized as the father of a child until that status is rebutted or confirmed as set forth in this chapter.”

UCA 78B-15-204 explains the circumstances that create a presumption of paternity as follows:

 

“(1) A man is presumed to be the father of a child if:
     (a) he and the mother of the child are married to each other and the child is born during the marriage;
     (b) he and the mother of the child were married to each other and the child is born within 300 days after the marriage is terminated by death, annulment, declaration of invalidity, or divorce, or after a decree of separation;
     (c) before the birth of the child, he and the mother of the child married each other in apparent compliance with law, even if the attempted marriage is, or could be, declared invalid and the child is born during the invalid marriage or within 300 days after its termination by death, annulment, declaration of invalidity, or divorce, or after a decree of separation; or
     (d) after the birth of the child, he and the mother of the child have married each other in apparent compliance with law, whether or not the marriage is, or could be declared, invalid, he voluntarily asserted his paternity of the child, and there is no other presumptive father of the child, and:
          (i) the assertion is in a record filed with the Office of Vital Records;
          (ii) he agreed to be and is named as the child's father on the child's birth certificate; or
          (iii) he promised in a record to support the child as his own.”

 

Categories

 

If a parent wishes to contest paternity after it has been legally established, the appropriate procedures will fall into one of seven categories:  

 

1.                  Paternity has been established by VDP, 60 days or less since the VDP was signed, and no support order has been established. 

 

2.                  Paternity has been established by VDP, more than 60 days have passed since the VDP was signed, and no support order has been issued. 

 

3.                  Paternity has been established by VDP, and a judicial support order has been issued.  (The 60-day timeframe does not matter once a support order has been established.) 

 

4.                  Paternity has been established by VDP and an administrative support order has been issued. 

 

5.                  Paternity has been adjudicated by a judicial order. 

 

6.                  Paternity has been adjudicated by an administrative order. 

 

7.                  Paternity was presumed in an administrative order because the father met the definition of “presumed father” found in UCA 78B-15-204.  

 

For additional information and procedures, refer to the appropriate Paternity Disestablishment subsections listed below.

 

1.                  CS 329P-1  Rescission of the “Affidavit for Voluntary Declaration of Paternity by Parents”

 

2.                  CS 329P-2 Judicial Order Required

 

3.                  CS 329P-3  Amending Administrative Orders Based on Genetic Test Results

 

4.                  CS 329P-4  Genetic Testing After the Order

 

Refunding Support Payments

 

If paternity is disestablished and/or the current support obligation is terminated prospectively, do NOT refund any support payments to a non-custodial parent (NCP) unless ordered by the court.  Except for rare situations, the previously adjudicated father/presumed father will continue to be considered the legally established father with a legal support obligation for the period preceding the disestablishment or termination of the support obligation; therefore, any support obligations due prior to disestablishment remain his responsibility.  If the mother was the NCP and paid support, her obligation is not affected by the disestablishment of paternity.  Only the CSS or ORS Director may approve an exception.

 

EXAMPLE:  The court determines that process of service was invalid and rules that the order is void and all collected money must be returned to the previously adjudicated father.  If payments were made on a IV-A debt, refund the money to the previously adjudicated father.  If payments were made on a non-IV-A debt and sent to the custodial parent (CP), there is no money for CSS to refund.  The order should state that the CP is to repay the money to the previously adjudicated father.