When parties who are unmarried have a child, and disputes arise over the establishment of paternity, custody, visitation and support, the type of suit filed depends on the status of the father.
Presumed Father: A presumed father is one who is legally presumed under the law to be a child’s father, although that presumption can often be legally challenged and/or rebutted in a court of law. For instance, if a married couple has a child together, the husband is presumed to be the father of the child. However, that presumption can be challenged under certain conditions.
Adjudicated Father. An Adjudicated Father is one who has been legally determined by a court to be a child’s father.
Alleged Father. A man alleged to be the father but who is not a presumed father, does not generally appear on the child’s birth certificate, and has not been established as the father by a court proceeding. A lawsuit to establish paternity, custody, visitation and support of a child who has only an alleged father is called a paternity petition.
The issues surrounding establishing or disestablishing paternity are similar in some respects to a divorcing couple with a child (including the issues of custody, visitation, and child support) but very different in other ways. Paternity attorney Kelly Peterson has extensive experience in obtaining equitable solutions in this area. If you have an issue in this area contact paternity lawyer Kelly Peterson at (801) 616-3301 to schedule a consultation.