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Can I prove I'm not the father of my wife's child with a genetic test?

Can I prove I'm not the father of my wife's child with a genetic test?

Full question:

I married a year before in Utah. Thereafter a child was born. But I found that my wife had an extramarital affair and the child was not mine. I wanna prove that am not the father of that child. Can I prove it by a genetic test?

Category: Paternity
Date: 04/07/2025
State: Utah

Answer:

In Utah, if you are married to the child's mother and the child is born during your marriage, you are presumed to be the father. However, this presumption can be challenged. You can use genetic test results to show that you are not the child's father or to identify another man as the father.

According to Utah law (Utah Code Ann. § 30-1-17.2), a man is presumed to be the father if he is married to the mother and the child is born during the marriage. This presumption can be rebutted by:

Genetic test results that exclude the presumed father.
Genetic test results that identify another man as the father (Utah Code Ann. § 78B-15-607).

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

What rights do unmarried fathers have in Utah?

In Utah, unmarried fathers have limited rights regarding custody and visitation until they establish paternity. To gain legal rights, an unmarried father must file a paternity action in court. Once paternity is established, the father can seek custody or visitation rights. It's important for unmarried fathers to be proactive in asserting their rights to ensure they have a say in their child's upbringing. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

What happens if you have a child with someone else while married?

If you have a child with someone else while married, your spouse may be presumed to be the legal parent of that child under Utah law. This presumption can complicate custody and support issues. If you wish to establish paternity for the child from the extramarital relationship, you may need to file a paternity action. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

What happens if you're married and have a baby with someone else?

If you are married and have a baby with someone else, your spouse is typically presumed to be the child's legal parent under Utah law. This can lead to legal complexities regarding custody, support, and parental rights. If you want to establish paternity for the child from the affair, you may need to take legal steps to do so. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

Is Utah a mother or father state?

Utah does not classify itself strictly as a mother or father state; instead, it recognizes the rights of both parents. However, the legal presumption of paternity favors the husband of the mother when a child is born during marriage. Both parents have rights and responsibilities, but establishing paternity is crucial for unmarried fathers to gain legal recognition. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

What happens if you get pregnant with someone else before divorce?

If you get pregnant with someone else before your divorce is finalized, your spouse may still be presumed the legal parent of the child under Utah law. This can complicate divorce proceedings and custody arrangements. You may need to establish paternity for the child to clarify parental rights. It's advisable to consult with a family law attorney to navigate these issues. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

What happens if your wife has a child with another man?

If your wife has a child with another man while you are married, you are presumed to be the child's legal father under Utah law. This presumption can be challenged through a paternity test if you believe you are not the biological father. Establishing paternity is essential for determining custody and support issues. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.