How do the State's help?

Utah takes an interesting view of paternity. It allows the father's to be sure of the situation and not to be taken advantage of by a woman claiming that he is the father. After reading it a few times to ensure that I got the correct message, I found that this information is not giving them a way out. It is explaining the procedure so that they know all of the angles. In my research I have found that most information doesn't allow for the situations involving a less than honest woman (see Virginia information below). The information given offers no safety net for a man in that type of relationship. ALthough, Virginia does release the man from paying the DNA and court costs if it is determined that he is not the biological father.

First, we will take a look at Utah's guidelines and then we will look at Virginia's.

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...."

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 theDepartment 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 surethat 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:
Legal Match (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

Now, we will look at Virginia.

Paternity:

VOLUNTARILY ADMITTING PATERNITY

If a man has admitted to fathering a child, he may be named as the father on the child's birth certificate. Or, he may have signed a statement at the hospital when the child was born acknowledging that he is the child's father. If his name is not on the birth certificate and he has not signed any statements, then he can still voluntarily acknowledge paternity by:
a. completing an acknowledgement of paternity with DCSE;
b. acknowledging under oath (in open Court) that he is the father of the child.

PRESUMPTION OF PATERNITY

There are certain situations in which the law presumes that someone is the father of the child. For example, when a child is born to a married couple, the law presumes that the husband is the father of the minor child. Likewise, once a man signs a written paternity statement under Oath, the law presumes he is the father. A conclusive presumption also arises when the parties undergo genetic testing (DNA tests) and the tests show a probability of paternity of 98% or higher. Paternity can also be accomplished by legally adopting a child.

Once paternity is established, both the mother and father have rights and responsibilities. Among their responsibilities, they may be obligated to provide financial support and health care coverage for the child.

Steps to Establish Paternity and Child Support

Once a petition has been filed with the Clerk's Office and a hearing date set, the parties will be served with a copy of a summons, the petition and income information sheet, which must be completed and brought on Court day.

On the hearing date, the parties will meet with a DCSE representative to complete the support guidelines. This hearing is scheduled for 10 minutes. The parties must notify the Court in advance if they feel the case will take longer than 10 minutes.

If paternity has not already been established, the respondent needs to tell the Court whether he acknowledges paternity or whether he wishes to have paternity testing.

If the parties have a case with DCSE, that office (DCSE) will initially pay for the paternity test. If he is excluded, he will not have to pay for the test. However, if the man is found to be the father, he will be required to reimburse DCSE (approximate costs $39.50 per person, $118.50 total). A typical test trio consist of the alleged father, mother, and child.

Parties who do not have cases through DCSE can be required to undergo testing that is arranged by the Court. If he is found to be the father, he will be required to reimburse the Court (approximate costs $70.00 per person, $210.00 total). If he is excluded, he will not have to reimburse for the test, however the Court MAY require the petitioner to reimburse the Court for the costs of the test.

Once paternity is established, the Court will send a copy of the paternity order to the Bureau of Vital Records.

Once an order of support is entered, the Court can order that payments be made directly to DCSE or by wage withholding through DCSE. The Court can also require health care coverage for the minor child.

Definition of Income - Income is defined in the Code of Virginia as income from all sources and shall include, but not be limited to income from salaries, wages, commissions, royalties, bonuses, dividends, severance pay, pensions, interest, trust income, annuities, capital gains, social security benefits, worker's compensation benefits, unemployment insurance benefits, disability insurance benefits, veterans benefits, spousal support, rental income, gifts, prizes or awards.

After the Support Order is issued

You may have to go back to Court if one of two things occurs:

A motion to amend is filed. This would be filed for some type of modification of the current order (increase, decrease, change in insurance, etc). The person who is filing the motion will have the responsibility to prove to the Court that there has been a substantial change in circumstances since the entry of the Order.

One party is not complying with the order (support not being paid, insurance not in effect, etc.). In such case, the person alleged to not be complying would be required to show cause why he/she should not be found in contempt of Court.

If payments are being made through the DCSE, either party may contact their office to file motions or motions for show cause on their behalf. If the payments are direct pay, the motions would be filed with the Clerk's Office (York).

As I said, there is a difference between Utah and Virginia. Utah is very concerned with the father's rights where Virginia is right down to business. It was interesting to see how Utah trys to protect the fathers. I also found it interesting that when I tried to research "Father's Rights in Virginia," I came up empty handed.

Reading through some of this information can give the impression that a potential father is not being honest. The truth of the matter is that sometimes, this is the only way that he will be treated equally and fairly. Don't get me wrong, men need to take responsibility, but as women, we also need to do the same. Today, both men and women are deceitful in terms of paternity and the way in which a pregnancy occurs. Both sexes are known to lie about fertility, contraception, responsibility, etc.. If that was not the case, we wouldn't have such issues as these expressed in my blogs.