When it comes to fatherhood, few things matter more than having an active, meaningful role in a child’s life. Yet, legal recognition of that role isn’t automatic for many fathers. That’s why it’s an important aspect of family law.
Understanding paternity rights is a critical first step in protecting the father-child relationship and ensuring a father is legally empowered to support, guide, and care for their child.
This blog outlines the essential information every father should know about paternity — from how to establish legal rights to pursuing custody, child support, and more. It’s a valuable resource for any dad seeking clarity and direction.
What is legal paternity?
Legal paternity is the formal, legal recognition of a man as the father of a child. It establishes a legal relationship between the father and the child, giving the father specific rights and responsibilities under the law. This is different from simply being the biological father — legal paternity must be officially recognized through the appropriate legal process.
When a child is born to unmarried parents, the father does not automatically have legal paternity rights, even if his name is on the birth certificate. Until paternity is legally established, he has no enforceable right to custody, parenting time, or decision-making authority. He also has no legal obligation to pay child support.
Once paternity is established, the father gains legal standing to seek custody or visitation, and the child becomes legally entitled to benefits like inheritance rights, access to the father’s health insurance, and other forms of support. Establishing paternity is the essential first step in protecting both the father’s and the child’s legal rights.
Ways to establish paternity
Depending on the circumstances and whether both parents agree, there are a few different ways to establish legal paternity. A paternity lawyer can also help. Here’s how it works in most situations:
1. Voluntary Acknowledgment of Paternity (VAP)
This is the simplest and fastest way to establish paternity when both parents agree on who the father is. The parents can sign a Voluntary Declaration of Paternity at the hospital when the child is born or later at a government office (like the health department or Office of Vital Records).
Once this form is signed and filed, the father is recognized as the child’s legal parent.
2. Court-ordered paternity
If there’s a disagreement about paternity, either parent can petition the court to establish paternity. The court may order DNA testing to confirm biological fatherhood. Once paternity is proven, the judge can also issue an order that legally recognizes the father and may address child support, custody, and parent time.
3. Administrative process through the state
In some cases, paternity can be established through a state agency, often as part of a child support case. The Utah Office of Recovery Services (ORS) can help initiate this process. If the alleged father doesn’t contest it, paternity may be legally established without a court hearing.
Custody and visitation rights after establishing paternity
Once paternity is legally recognized, the father can petition the court to establish custody, parent time (visitation), or both.
Legal custody vs. physical custody
After paternity is established, a father can request legal custody (the right to make decisions about the child’s upbringing) and/or physical custody (where the child lives). Utah courts often favor joint legal custody when it serves the child’s best interests, meaning both parents share decision-making responsibilities.
Parent time (Visitation)
If one parent has primary physical custody, the other parent is usually granted parent time. If the parties are awarded joint physical custody, a parent-time order will still need to be established by the Court. Utah law provides various parent-time schedules, depending on the circumstances of the parents and the child. Parents can agree to a different schedule, or the court can order one based on what’s best for the child.
The court’s focus
Even after establishing paternity, the court bases all custody and visitation decisions on the child’s best interests. Factors considered include:
- Each parent’s ability to meet the child’s needs
- The emotional bond between the child and each parent
- Stability, safety, and continuity of care
- History of domestic violence or substance abuse
Once granted, custody and parent time rights give the father a legal path to be consistently involved in the child’s life. Without this legal process, a father may still face barriers to seeing or making decisions for their child, even after proving paternity.
Child support obligations
Once paternity is legally established, the father gains rights and takes on legal responsibilities. One of the most important is the obligation to support the child financially.
In Utah, as in other states, child support is considered a legal duty of both parents, and it’s enforced to ensure the child’s basic needs are met.
How child support is calculated
Child support in Utah is calculated using a state formula that considers several factors, including:
- Each parent’s income
- The number of overnights the child spends with each parent
- The number of children involved
- Health insurance and childcare costs
The goal is to make sure the child receives the financial support they would have had if both parents lived together. Once paternity is established, the court (or the Office of Recovery Services) can issue a child support order.
Why it matters
Child support isn’t optional. It helps cover essentials like food, clothing, housing, healthcare, and education. In extreme cases, failing to pay court-ordered support can result in serious legal consequences, including wage garnishment, license suspension, and even jail time.
Even if a father doesn’t get custody or parent time, he’s still legally required to contribute financially. It’s a responsibility that comes with legal fatherhood — and one that plays a major role in supporting a child’s well-being and stability.
Challenges fathers may face
Even after establishing paternity, many fathers encounter obstacles when trying to fully exercise their parental rights. While the law supports a child’s right to have both parents involved, the process isn’t always simple or fair — and fathers often face unique challenges that require patience, persistence, and legal support.
1. Limited initial access to the child
If a father isn’t married to the child’s mother, he may not have immediate rights to custody or visitation, even if he’s involved in the child’s life. Until a court order is in place, the mother may have full discretion over access, which can make it difficult for a father to maintain consistent contact.
2. Navigating legal procedures
Establishing paternity and securing rights through the court system involves paperwork, deadlines, hearings, and legal standards that can be hard to navigate without help. Fathers unfamiliar with the process may feel overwhelmed or unsure where to begin.
3. Assumptions and bias
Although Utah law recognizes both parents equally, some fathers feel that courts favor mothers—especially when it comes to custody. While many judges aim for fairness, perceptions of bias or outdated beliefs about parenting roles can still affect outcomes.
4. Emotional and financial strain
Paternity cases can be emotionally draining, particularly when the relationship with the child’s mother is tense. Fathers may also face financial pressure from legal fees, child support obligations, and household maintenance costs.
5. Protecting parental rights
Without strong legal advocacy, fathers may struggle to assert their rights fully. Delays, misunderstandings, or incomplete documentation can put them at a disadvantage, even when they have the child’s best interests at heart.
Despite these challenges, many fathers succeed in building strong legal and emotional relationships with their children. The key is knowing your rights, staying engaged, and seeking legal guidance early in the process.
Let Burton Family Attorneys help you
If you’re a father seeking to establish paternity, protect your parental rights, or navigate the legal challenges of custody, support, or visitation, you don’t have to go through it alone. As paternity lawyers, we understand the importance of your role in your child’s life. We’re here to help you every step of the way.
Our experienced team will guide you through the legal process with clarity, compassion, and confidence. Whether you’re just starting the paternity process or facing an uphill custody battle, we’ll fight to make sure your rights are protected and your voice is heard.
Contact Burton Family Attorneys today to schedule a consultation with one of our paternity lawyers and take the first step toward securing your place in your child’s future.