ESTABLISHMENT OF PArentage
CS
329P-2 Parentage Disestablishment, Judicial Order Required
04/87
Revised 09/02/25 Training Completed 09/16/25 Last Reviewed 05/04/26
Utah Code 63G-4, 81-5-301 to 311,
81-5-506, 81-5-608, 81-5-613, 81-5-614, 81-5-623, 81-7-102
Categories Requiring Judicial Disestablishment
Several situations require judicial action to attempt to
disestablish parentage and terminate the child support obligation.
1.
Parentage was adjudicated by a judicial order.
2.
The Voluntary Declaration of Paternity by Parents (VDP) is
contested more than 60 days after signing (see CS 329P-1 Parentage
Disestablishment, Rescission of the “Voluntary Declaration of Paternity by
Parents” for procedures).
3.
A declarant father (or mother) contests a VDP after a support
order (judicial or administrative) has been issued (see CS 329P-1 Parentage
Disestablishment, Rescission of the “Voluntary Declaration of Paternity by
Parents” for procedures).
4.
An administrative parentage order has been registered in a
judicial court for modification or enforcement.
5.
Either party contests the disestablishment of parentage on an
administratively adjudicated parentage order.
In these situations, the father or
mother must contest the parentage through the court that issued the order, or
in the case of example #5 above, the court to which a party would seek de novo
review of an administrative order.
Exception 1: A judicially adjudicated father
may challenge a default parentage
order within a three-month period
after the default order was issued. During this period the AGO may decide to
proceed with genetic tests. CSS will pay for the costs of the genetic tests.
Exception 2: In a case in which it has been more than three months since the default paternity order was issued, if
the father or mother provides privately-obtained genetic tests that include the
required chain of custody documentation found in CS 329P-4 Parentage
Disestablishment, Genetic Testing After the Order, provide a copy of the test
results to both parents with the “Parentage: Genetic Test Exclusion, Judicially
Adjudicated Father” letters. If both parents provide written consent for CSS to
file a judicial action to challenge the previously established parentage, you
may refer the case to the AGO for review. The AGO will review the circumstances
on a case-by-case basis in conjunction with statute governing challenges to
adjudicated paternity found in Utah Code Title 81, Chapter 15 to determine if
CSS will file the action for the parties or if the parties must file the action
on their own. If the judicial parentage order was not a default order, do
not pursue consent from the parties and do not refer the case
to the AGO to file a judicial action to challenge the
previously established parentage. If the parties wish to challenge the order
they will need to do so on their own.
Judicially
Adjudicated
Parentage or Judicial Support Order, Parents Contest Parentage – Procedures
If a judicially adjudicated father or mother is challenging the
parentage issue in court, the post-order worker will refer the case to the AGO
to represent CSS in the proceeding. The AGO referral should include the arrears
time period and amounts for the case. Continue to
charge current support and continue all normal enforcement activities during
this process.
If
a parent or the court requests genetic tests as part of a judicial proceeding,
the AGO will not object to genetic tests if testing was not completed prior to
the order. The AGO will request payment for the tests prior to CSS scheduling
the genetic test appointment. The AGO will coordinate genetic test scheduling
with the pre-order team located in the same office as the AGO working the case.
1.
Genetic
testing to be prepaid: The pre-order agent will take the
steps listed below.
a.
Code ORSIS to process the genetic test
payment.
b.
Send the “Notice for Adjudicated Father Cases: Prepay Genetic Test
Costs” only if directed by the AGO to the party or parties responsible for the
costs as determined by the court to inform them of the amount due.
c.
Once the payment is received, schedule the genetic tests and
coordinate with the AGO to notify the parties.
d.
If the parties fail to participate in genetic tests ordered as
part of a judicial proceeding, notify the AGO. The court may choose to compel
the parties’ cooperation through judicial remedies.
e.
When the test results are received, refer the results to the AGO
to notify the parties.
2.
Genetic
testing not to be prepaid: If
the court orders CSS to conduct genetic testing but will not order the parties
to prepay the costs, the pre-order agent will take the steps listed below.
a.
Follow the court order and schedule the tests.
b.
When received, refer the test results to the AGO to notify the
parties.
c.
Notify the AGO of the cost of the tests and request that the AGO
pursue a provision to reimburse the genetic test costs as part of any final
order.
If the court determines that a judicially adjudicated father is
not the biological father, the previous legal father’s
attorney should prepare an amendment to the order to reflect the finding of
non- parentage and termination of the support obligation. The amendment should
not be retroactive. The amendment should be prospective only.
Judicial Order Terminates the Support Obligation, Procedures
If the court terminates the support obligation, the post-order
agent will take the following steps when the judicial order becomes final.
1.
End the current support obligation on ORSIS as of the date that
the order disestablishing parentage is effective.
2.
Do not refund any money or remove any unpaid arrears debts. In
accordance with Utah Code 81-7-102(4)(c), child support orders are not subject
to retroactive modification or amendment. All unpaid arrearages are still owed
unless the court order specifically relieves the individual from paying the
arrearages. Use regular collection methods to collect all past-due support.
3.
Update the parentage establishment information on ORSIS.
4.
Coordinate with the intake team for a new case to be opened to
pursue parentage establishment on the next consort(s).
NOTE: If the child was born in Utah, the
Presiding Officer (PO) must send the “Notice of Adjudication of Parentage.”