Hi julie24,
Ok, I finally found the website you need. It is the Utah Department of
Human Services Office of Recovery Services' Child Support Services
(the key phrase being "child support"). I've copied and pasted a few
relevant sections, but you really need to read through the entire FAQ
and also "LISTEN TO AN ORAL PRESENTATION: DIAL 1-800-662-8585, THEN
PRESS 2, 6." Please remember that signing the Voluntary Declaration
of Paternity form establishes paternity and *support payment
responsibilities*, visitation rights are established by court order.
In other words, consult a lawyer before signing anything!
What is Paternity?
"Paternity means fatherhood. When a married woman gives birth, her
husband is presumed to be the father of the child. When a child is
born outside of marriage, the father of the child does not
automatically have the same rights and responsibilities as the father
of a child born in marriage. The law allows the mother, child, father
or State of Utah to legally establish that a man is the father of a
child. When this occurs, the child's paternity has been established."
How can unmarried parents establish paternity?
There are two ways:
* The mother, father, child or the State may file a legal action to
declare that a man is the father of a child who was born outside of a
marriage. This can be done judicially (in court) or administratively
(by the State of Utah) and normally involves genetic testing.
* Parents can sign a Voluntary Declaration of Paternity form and file
this declaration with the Department of Health, Vital Records and
Statistics. When a Voluntary Declaration of Paternity form is signed
by the child's mother AND father, and the form is witnessed by two
individuals that are not related to you and filed with Vital Records
and Statistics, paternity is established..."
How do I know if I should sign a Voluntary Declaration of Paternity?
"A mother or father of a child born outside of marriage is not
required to sign a Voluntary Declaration of Paternity. If the
Declaration is signed, it is legally binding on the mother and the
father. A Voluntary Declaration should not be signed if:
* The mother is married, her husband is not the father of the child
and the husband, the mother and the father of the child are not all
willing to sign the Voluntary Declaration form;
* The mother or alleged father is not certain the alleged father is
the child's father; or,
* Either parent does not understand the legal consequences of signing the form
IMPORTANT: BEFORE SIGNING THE VOLUNTARY DECLARATION FORM, BOTH PARENTS
MUST LISTEN TO AN ORAL PRESENTATION: DIAL 1-800-662-8585, THEN PRESS
2, 6."
Is there a fee for filing or getting copies of the form?
If the affidavit is completed in the hospital with the birth
certificate, there is no fee for filing it. If the affidavit is
completed within one year of the child's date of birth, there is no
fee for filing it, but there is a $15.00 search fee for finding the
birth certificate, which includes one certified copy of the amended
birth certificate. If it is filed after one year, there is a $20.00
fee for registration of the affidavit, which includes one certified
copy of the amended certificate. Additional copies on the same day
are $8.00 each."
Where can I get a copy of the Voluntary Declaration of Paternity form?
"Copies of the form are provided by health care facilities to
unmarried parents when a child is born, and are also available at the
Department of Health, Vital Records and Statistics and all local
health departments..."
What about custody and visitation?
"Custody and visitation issues should be addressed in a court order.
This must be done even if paternity was established by a Voluntary
Declaration of Paternity or an administrative order. Both parents
have the right to ask the court for custody. If parents cannot agree
on visitation issues, the court will decide these issues as well.
Federal law does not permit the Office of Recovery Services to use
federal child support funding for purposes of establishing or
enforcing custody and visitation issues."
If someone says you are the father of a child, how can you make sure
that you really are?
"You should not sign the Voluntary Declaration of Paternity form if
you have any doubts about whether you are the father of a child. There
are very accurate genetic tests available which will absolutely
exclude you if you are not the father.
If you have an open child support case with the Office of Recovery
Services, you may request genetic testing (usually at no charge) at
any time before paternity and a child support order are established."
Where to call for information?
About ORS child support and paternity establishment:
(801) 536-8500 or (800) 662-8525
For information about the Voluntary Declaration of Paternity process,
dial one of the above numbers, then PRESS 2, 6.
About custody and visitation or other legal assistance:
LegalMatch (866) 678-5342 http://utahbar.legalmatch.com/
Legal Aid: (801) 328-8849
Legal Services (Salt Lake County): (801) 328-8891
Utah Bar Association: (801) 531-9077
http://www.ors.utah.gov/FAQ_paternity.htm
Find the Right Lawyer
http://utahbar.legalmatch.com/
Additional Links of Interest:
Paternity Information Page
Everything fathers need to know and what the government fails to tell you!
Signing the Paternity Acknowledgment Form
"It is important to keep in mind that by signing the "Paternity
Acknowledgment Form" (PAF), you are giving your states Child Support
Enforcement Division legal power to collect child support from you."
"By signing the PAF you are NOT establishing legal visitation or
custody. Also by signing the PAF you are giving up "due process"
concerning taking care of visitation, custody, and support all in one
swoop. Your local District Court can establish paternity, child
support, visitation, and custody while also providing due process.
You may get the feeling from the above paragraph that we are
discouraging signing the PAF. Not true. We are against signing a PAF
while not knowing ALL the implications that go along with the signing
of the PAF. If you are comfortable with signing the PAF and all the
requirements that go with it, congratulations."
http://www.peak.org/~jedwards/paternity.html
DNA Testing
The process is relatively easy and reasonable.
* Costs very but figure around $500 for a trio with Buccal swabs
or blood samples.
* Additional cost would be to a private clinic for specimen
collection, which may be around $20 per person.
* If you prefer not to go to a medical site and do not need a
legal notarized result, a self-collection kit can be sent t your home
for around $350. One kit will collect up to three people. Cost of
testing is usually separate and additional cost.
* Results will take around 2 weeks.
http://www.menstuff.org/issues/byissue/DNA.html
OFFICE OF CHILD SUPPORT ENFORCEMENT
CHAPTER 8 - PATERNITY ESTABLISHMENT
INTRODUCTION
"Under early common law, a child born out of wedlock was considered
filius nullius -- the child of no one. If paternity was established at
all, the parents suffered the indignities of criminal ?bastardy?
proceedings, and the child had few legal rights. Perhaps prodded by a
soaring increase in out-of-wedlock births, society has begun to
recognize the social and fiscal costs of ignoring these children.
Starting in 1968, the U.S. Supreme Court decided a series of cases
that precluded discrimination against this population of children, by
States or the Federal Government, without a compelling State
interest.[1]In 1973, the National Conference of Commissioners on
Uniform State Laws (NCCUSL) approved the original Uniform Parentage
Act(UPA),[2] which 19 States subsequently adopted in full and other
States adopted in part. The UPA declared equality for parents and
children without regard to the parents? marital status..."
INTERSTATE CASES
"As with almost any other aspect of the CSE program, interstate
paternity cases can present a particular challenge.[70]
Jurisdiction
Under the Uniform Interstate Family Support Act (UIFSA), a tribunal
has jurisdiction over a nonresident party in a one-State action if one
of the Act's long-arm provisions applies. UIFSA sets out eight bases
for a State to assert long-arm jurisdiction over a nonresident
defendant:
1. the individual is personally served within the State;
2. the individual submits to the jurisdiction of the State by consent,
by entering a general appearance, or by filing a responsive document
having the effect of waiving any contest to personal jurisdiction;
3. the individual resided with the child in the State;
4. the individual resided in the State and provided prenatal expenses
or support for the child;
5. the child resides in the State as a result of the acts or
directives of the individual;
6. the individual engaged in sexual intercourse in the State, and the
child might have been conceived by that act of intercourse;
7. the individual asserted parentage in the putative father registry
maintained in the State; or
8. there is any other basis consistent with the constitutions of the
State and the United States for the exercise of personal
jurisdiction.[71]"
http://www.acf.hhs.gov/programs/cse/pubs/2002/reports/essentials/c8.html
229-2 Establishing Parental Relationship
5. When the child resides only with the mother, Child Support
Enforcement forms must be completed on all possible fathers. ORS will
establish paternity through the court..."
http://www.utahcares.utah.gov/infosourcemedicaid/Section_200/Policy/229-2_Establishing_Parental_Relationship.htm
25-36. FATHER'S PATERNITY ACKNOWLEDGMENT
"This state form is used by the father to acknowledge the paternity of
a child when he is not married to the child's mother. The original
form is retained by the State Health Department permanently. The form
includes child's name, birth date and place, mother's name and
address, father's name and address, and a notarized signed statement
acknowledging child's paternity.
RETENTION
Record copy: Permanent. May be transferred to the State Archives.
Duplicate copies: Retain until administrative need ends and then destroy."
http://www.archives.state.ut.us/recmanag/grs/cntgrs25.htm#25-36
78-45g-302. Execution of declaration of paternity.
http://www.le.state.ut.us/~code/TITLE78/htm/78_3B022.htm
Child Support Collections faq
http://www.child-support-collections.com/paternity-faq.html
Utah 78-45f-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 78, Chapter 30, Adoption;
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 78-45f-611
or 78-45f-615 are met.
http://www.le.state.ut.us/~code/TITLE78/htm/78_3A006.htm
UTAH ENACTS UNIFORM PARENTAGE ACT
http://www.nccusl.org/Update/DesktopModules/NewsDisplay.aspx?ItemID=133
I was glad to work on this for you and I hope all goes well for you
both. If you have any questions, please post a clarification request
and wait for me to respond before closing/rating my answer.
Thank you,
hummer
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