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A Voluntary Declaration of Paternity (VDP) allows unmarried parents to legally declare the paternity of their child. The VDP must be filed with the Department of Health. Once it is filed, it creates a legal parent-child relationship between the biological father and the child.
If his name is on the birth certificate, he will be automatically recognized as the child's legal parent and have as much legal claim in courts as the mother. If his paternity is not established at birth, his rights to custody will be based on his suitability as a parent once paternity is established.
A custody and parent time order can include arrangements for when a parent relocates. If an order does not include arrangements for when a parent relocates, Utah law has a process that either parent can request when one of the parents plans to move 150 miles or more from the residence of the other parent.
How Does Utah Family Court Decide Custody? There's several ways for a court to decide custody. The number one guiding principal behind the decision is the child's ?best interests.? Even if parents work out a plan on their own, the court may use the child's best interests to supersede that plan.
Under the Utah Uniform Parentage Act an unmarried father must declare his parentage or establish paternity through genetics testing, or declaration under certain circumstances, to have a say in the child's upbringing or receive formal notification of adoption.
In Utah, being a father gives you the right to pursue custody and visitation of your child, and to make decisions regarding your son or daughter. These rights apply whether you are married or not, but you may have to fight for them, especially in the case of divorce.
Precedent also exists in case law for proving abandonment if a parent fails to contact or maintain a relationship with their children for more than six months.
To add a parent with a court order you will need to submit the certified copy of the court order with a Birth Certificate Application for Adoption/Court Order Paternity, the requester's ID, and a check or money order for the correct fees (Certified court order will be retained by our office).