Can “I” as the child request a paternity test at 30yrs old?

[Just Blue]

And just to be clear his “rights” are because so much time has passed correct? I don’t want to beat a dead horse, but after some research, I found a website that shows the statue of limitation for every state in the US. For Utah it says "No limitation" and that it "may be brought by child, even if adult, at any time". Maybe I am not understanding it correctly. But when I comprare it to other states, like NY for example it says “until child reaches 21”. I can't figure out how to post a screen shot of it, so I will attach the link, if anyone would like to take a look. Again I appreciate the info! https://www.legalmatch.com/law-libr...te-of-limitations-to-establish-paternity.html

I question that site. BUT...Even if the info it correct it doesn't apply to your situation. You are seeking resolution not support. You should be upset with your mother for how she handled your paternity.

 

[justalayman]

Well, you appear to be correct on the statute of limitations :

Renumbered and Amended by Chapter 3, 2008 General Session
78B-15-606 No limitation -- Child having no declarant or adjudicated father.

A proceeding to adjudicate the parentage of a child having no declarant or adjudicated father may be commenced at any time. If initiated after the child becomes an adult, only the child may initiate the proceeding

But that doesn’t mean it will be allowed. One reason is as you mentioned: Utah does not have personal jurisdiction over a person residing outside of Utah.

Along with that there are objections to the action the man can assert even if he is subject to the jurisdiction of Utah.

I will admit I was surprised to read the lack of a time limitation but regardless, it is still not a sure thing even if he is subject to personal jurisdiction of Utah.



Here are the germane statutes but be aware, case law does play a heavy part in interpreting those statutes and can provide for a ruling different than how either you or I determine it should be

https://le.utah.gov/xcode/Title78B/Chapter15/C78B-15_1800010118000101.pdf

 

[doriannvasquez]

Per OP's 1st posting there is some type of bizarre "shame" in the family because the mom and bio-father are 2nd cousins. I don't get it...This is not incest of any kind.

I question that site. BUT...Even if the info it correct it doesn't apply to your situation. You are seeking resolution not support. You should be upset with your mother for how she handled your paternity.

So IF and only IF the info is correct there might be something I can do.. maybe not resolution but something. Next step will be reaching out to a Family lawyer in Utah to explain this “paternity statute” Oh and I just tried getting mad at my Mother for how she handled my paternity, but it didn’t work, after all she gave me life when my dead beat bio-father wanted an abortion. Thank you for your answer sir.

 

[doriannvasquez]

Well, you appear to be correct on the statute of limitations :



But that doesn’t mean it will be allowed. One reason is as you mentioned: Utah does not have personal jurisdiction over a person residing outside of Utah.

Along with that there are objections to the action the man can assert even if he is subject to the jurisdiction of Utah.

I will admit I was surprised to read the lack of a time limitation but regardless, it is still not a sure thing even if he is subject to personal jurisdiction of Utah.



Here are the germane statutes but be aware, case law does play a heavy part in interpreting those statutes and can provide for a ruling different than how either you or I determine it should be

https://le.utah.gov/xcode/Title78B/Chapter15/C78B-15_1800010118000101.pdf

I was also surprised when I came across that information. And it’s exactly why I posted here. And the fact that you are surprised makes me feel like I haven’t wasted all of my time in vain investigating. I’ll be contacting a family lawyer, even if chances are slim it will be nice to finally have some answers.

 

[Taxing Matters]

I’ve done some research and in the state of Utah where I live there is no statue of limitations for requesting paternity, but he lives in New York and NY is 21 years. Is this something that’s worth persuing? Or am I going to waste time and money and not even be able to get a paternity test?

It is true that there is no statute of limitation on bringing a paternity action in UT if there was never a presumed or declared father for you. But the problem is that this man is not in Utah. He is in NY. Under the relevant Utah statute providing for personal jurisdiction in these cases (UT Code section 78B-15-604, the UT court may exercise personal jurisdiction over him if any of the following circumstances listed in UT Code § 78B-14-201 exist:

(a) the individual is personally served with notice within this state;
(b) the individual submits to the jurisdiction of this state by consent in a record, by entering a general appearance, or by filing a responsive document having the effect of waiving any contest to personal jurisdiction;
(c) the individual resided with the child in this state;
(d) the individual resided in this state and provided prenatal expenses or support for the child;
(e) the child resides in this state as a result of the acts or directives of the individual;
(f) the individual engaged in sexual intercourse in this state and the child may have been conceived by that act of intercourse;
(g) the individual asserted parentage of a child in the putative father registry maintained in this state by the state registrar of vital records in the Department of Health pursuant to Title 78B, Chapter 6, Part 1, Utah Adoption Act; or
(h) there is any other basis consistent with the constitutions of this state and the United States for the exercise of personal jurisdiction.​

So if you were conceived in UT then you may have a shot at it. At the moment, none of the other circumstances seem to apply here. You have to join your mother in the paternity action, by the way, and you would need her testimony to establish where the conception took place.

You also have the problem that you might lack standing notwithstanding the statute allowing a child to bring the paternity action at any time. The purpose of the courts is to provide persons a remedy for some wrong done to them or for relief that the law allows them. If there was some reason you needed to establish paternity in order to seek some kind of remedy or relief you would have standing. But seeking paternity just to satisfy your desire to know might not be good enough to meet standing. Talk to a UT family law attorney about this.

I can also anticipate that the court will order you to pay for all the testing, etc., if the court does allow the action since you are the one seeking the determination and you are doing it just to satisfy your desire to know, not to get support, etc.

 

[justalayman]

It is true that there is no statute of limitation on bringing a paternity action in UT if there was never a presumed or declared father for you. But the problem is that this man is not in Utah. He is in NY. Under the relevant Utah statute providing for personal jurisdiction in these cases (UT Code section 78B-15-604, the UT court may exercise personal jurisdiction over him if any of the following circumstances listed in UT Code § 78B-14-201 exist:

(a) the individual is personally served with notice within this state;​

(b) the individual submits to the jurisdiction of this state by consent in a record, by entering a general appearance, or by filing a responsive document having the effect of waiving any contest to personal jurisdiction;​

(c) the individual resided with the child in this state;​

(d) the individual resided in this state and provided prenatal expenses or support for the child;​

(e) the child resides in this state as a result of the acts or directives of the individual;​

(f) the individual engaged in sexual intercourse in this state and the child may have been conceived by that act of intercourse;​

(g) the individual asserted parentage of a child in the putative father registry maintained in this state by the state registrar of vital records in the Department of Health pursuant to Title 78B, Chapter 6, Part 1, Utah Adoption Act; or​

(h) there is any other basis consistent with the constitutions of this state and the United States for the exercise of personal jurisdiction.​

So if you were conceived in UT then you may have a shot at it. At the moment, none of the other circumstances seem to apply here. You have to join your mother in the paternity action, by the way, and you would need her testimony to establish where the conception took place.

You also have the problem that you might lack standing notwithstanding the statute allowing a child to bring the paternity action at any time. The purpose of the courts is to provide persons a remedy for some wrong done to them or for relief that the law allows them. If there was some reason you needed to establish paternity in order to seek some kind of remedy or relief you would have standing. But seeking paternity just to satisfy your desire to know might not be good enough to meet standing. Talk to a UT family law attorney about this.

I can also anticipate that the court will order you to pay for all the testing, etc., if the court does allow the action since you are the one seeking the determination and you are doing it just to satisfy your desire to know, not to get support, etc.

Per the statute the mother has no right to seek paternity. It is limited to the child.

 

[doriannvasquez]

Thank you so much for all the info, I have read it carefully. I will ask my mother where the conception took place. Obviously my desire to know is what is driving this whole conversation, but if asking for support is even possible and validates my case I would certainly do it. I just didn’t think I could this late.

 

[justalayman]

I have to presume you have actually asked the guy and he refused. Is that correct?

If so, does he ever visit Utah? If not the chances you will be successful are right about zero. I’m not trying to rain on your parade but along with your journey of discovery, you really should prepare for the more realistic possibility you won’t be successful.

 

[Taxing Matters]

Per the statute the mother has no right to seek paternity. It is limited to the child.

It is true that pursuant to UT Code § 78B-15-606 after the child becomes an adult (18 in Utah) only the child may initiate a proceeding to determine paternity. But the state statute requires that the mother be made a party to the suit anyway:

The following individuals shall be joined as parties in a proceeding to adjudicate parentage:
(1) the mother of the child;
(2) a man whose paternity of the child is to be adjudicated; and
(3) the state pursuant to Section 78B-12-113.​

Utah Code Ann. § 78B-15-603. Thus my comment that the OP has to name his mother in the paternity action as well.

 

[doriannvasquez]

I have to presume you have actually asked the guy and he refused. Is that correct?

If so, does he ever visit Utah? If not the chances you will be successful are right about zero. I’m not trying to rain on your parade but along with your journey of discovery, you really should prepare for the more realistic possibility you won’t be successful.

No he doesn’t visit Utah, he’s in total hiding ever since I was born. (At least he would like to think so) Since we are family, family members talk and I know he lives in Long Island NY, a quick background check and I found his mailing address and his business website. Word is his current wife doesn’t know and neither do my half siblings. No worries on raining on my parade lol, nothing you or anyone else can say can feel as crappy as what he has done. I’m aware chances are slim.

 

[LdiJ]

And just to be clear his “rights” are because so much time has passed correct? I don’t want to beat a dead horse, but after some research, I found a website that shows the statue of limitation for every state in the US. For Utah it says "No limitation" and that it "may be brought by child, even if adult, at any time". Maybe I am not understanding it correctly. But when I comprare it to other states, like NY for example it says “until child reaches 21”. I can't figure out how to post a screen shot of it, so I will attach the link, if anyone would like to take a look. Again I appreciate the info! https://www.legalmatch.com/law-libr...te-of-limitations-to-establish-paternity.html

Well that is interesting. However he does not live in Utah and therefore Utah does not have jurisdiction over him. However, you could get a consult with a local attorney to confirm what is or isn't possible.

 

[Taxing Matters]

Well that is interesting. However he does not live in Utah and therefore Utah does not have jurisdiction over him. However, you could get a consult with a local attorney to confirm what is or isn't possible.

The putative father does not live in Utah so the state might not have jurisdiction over him. I earlier quoted the Utah statute which lays out the circumstances in which it will assert jurisdiction over an out of state defendant in a paternity action.

 

[Ohiogal]

So IF and only IF the info is correct there might be something I can do.. maybe not resolution but something. Next step will be reaching out to a Family lawyer in Utah to explain this “paternity statute” Oh and I just tried getting mad at my Mother for how she handled my paternity, but it didn’t work, after all she gave me life when my dead beat bio-father wanted an abortion. Thank you for your answer sir.

You have a declared father -- your stepfather -- or is declared as your legal father -- most likely by signing the AOP since it was not an official adoption.