Utah Parentage Actions
Parentage actions are somewhat similar to divorces. A parentage action is for people who aren't married but who share one or more children together. Parentage actions allow courts to decree who a child’s parents actually are and then determine custody and parent-time.
One major difference between divorces and parentage actions, of course, is that property and debt division issues generally are not part of the process in parentage actions. Similarly, in a parentage actions, the issues usually focus on custody, parent-time, and child support issues.
Sometimes, parentage actions can actually be amicable, with both parties agreeing on how the issues should be resolved. In those cases, all that’s generally left to do is tie up loose ends, draft the necessary documents, and get the court's stamp of approval. In these scenarios, we can help to make the drafting process easy and inexpensive for you.
Sometimes, however, parties are unable to agree on how to resolve parentage issues and further court involvement is necessary. In these circumstances, the process generally goes something like this:
Party 1 files a petition for parentage with the court and the parentage proceedings begin.
The petition for parentage and a summons are served on Party 2. Party 2 then has to file an answer to the petition and, if Party 2 chooses, a counterpetition for parentage.
If Party 2 files a counterpetition for parentage, Party 1 then answers Party 2's counterpetition.
If a party disputes parentage of a child, genetic testing will generally be performed to make a conclusive determination.
In the meantime, both parties are gathering financial documentation that must be exchanged. Once the financial information is exchanged and other necessary discovery is completed, it’s generally time to either attend mediation or proceed to court.
Though mediation is generally not required in a parentage action, it can be extremely helpful because, like divorces, mediation offers an excellent opportunity for the parties to speak to each other, indirectly through a mediator, to try and reach a resolution without the risk of going to court. In fact, in our extensive experience, mediation is where most parentage cases are resolved. For mediation, the parties typically hire a professional mediator and generally split the mediator’s costs (typically in the form of an hourly fee). Often, the parties are in separate rooms (with their attorneys) and the mediator goes back and forth between the rooms to meet with the parties separately in an attempt to craft a resolution. If the parties reach an agreement in mediation, a binding stipulation will be drafted and signed. At that point, generally all that’s left to do is draft the final documents for the court’s review and signature.
If mediation fails (or is not attempted), then the next step is usually to ask the judge to set a date for trial so that the judge can decide how the parentage action will be resolved.
Every parentage case is different and some will not follow the process outlined above. For example, in some parentage cases, we’ll need to seek temporary orders from the court to establish what custody and parent-time will look like during the course of the parentage case. Other parentage cases might involve heated or complicated custody disputes, and may require custody evaluations and/or a guardian ad litem attorney to represent the children. Regardless of the nature of your parentage action, our experienced family law attorneys in Utah can help you through it.
Feel free to reach out to discuss your case. In family law matters, we offer 30-minute, no-obligation consultations for a flat $75.00 fee. This allows us to schedule a specific time to talk regarding your case and answer your questions. From there, you decide whether you want to hire our Utah family law attorneys to represent your interests moving forward.
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Contact Uintah Basin Law Group today to schedule a consultation and discuss how we can help resolve your legal matters.
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Family Law & Divorce