Paul Horton: Paternity and Child Support

Typically, divorce proceedings that take place in the state of Utah account for the establishment and enforcement of child support payments. In many cases, however, child support is sought by unmarried parents and involves a number of different legal considerations. Legal paternity is a major factor in many child support cases, and can have a significant impact both custodial and noncustodial parents alike.

According to the Utah Office of Recovery Services and those of us who work as a Paternity Lawyer, both parents are legally obligated to financially support their children. Child support arrangements are intended to outline and enforce such legal obligations no matter if the parents were married or not. As a result, establishing legal paternity not only extends parental rights to biological fathers but also makes them eligible to receive or pay child support.

PATERNITY AND CHILD SUPPORT CONSIDERATIONS

In the event that the father and mother of a child are not married when that child is born, it may be necessary to establish paternity under Utah state law. Utah guidelines on establishing court-ordered paternity explain that there are several ways to determine paternity, including the completion of a voluntary Declaration of Paternity document or a court-ordered judgment of paternity. Once paternity is established, both parents have equal rights and responsibilities to the child under the law. For instance, a man who is legally identified as biological father of a child can then pursue child custody and/or child support arrangements. Similarly, a mother who is the custodial parent can seek to enforce child support obligations from the child’s other parent.

CHILD CUSTODY IN QUESTION OVER DISCIPLINE TECHNIQUES

Utah Parents often have different points of view when it comes to the most appropriate and effective way to discipline their children. Serious issues over child custody and visitation can arise, therefore, in instances where the disciplinary practices of one parent are challenged by the other.

One recent child custody dispute to occur revolves around two parents’ differing views about how best to discipline their son. The four-year-old boy in question reportedly physically struck schoolmates on more than one occasion. The boy’s father claimed that he wanted to ensure that his son understood that his misbehavior would not go unpunished. The father’s ultimate decision was to have the boy stand on the side of the road holding a sign describing his misdeeds. Before that, the father apparently tried to discipline his son by confiscating toys and explaining the child’s misbehavior to him.

Following the incident, the boy’s mother reportedly picked him up and refused to return custody to the father. The mother claimed that the father humiliated their son and compromised his safety by having him stand near the road. She also informed child protective services of the incident. The father accompanied his son on the roadside and they were apparently outside for around an hour.

The father contended that he was acting in the best interests of the child, and that his efforts to discipline his son were reasonable. No matter if people have concerns about the disciplinary practices of their ex or are compelled to defend their own parenting techniques, seeking legal advice may be helpful to resolve any related child custody issues.

Free Consultation with Paternity Lawyer

If you have a question about divorce law or if you need to start or defend against a divorce case in Utah call Ascent Law at (801) 676-5506. We will fight for you.