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Section 103 – Scope — Choice of law.

78B-15-103. Scope — Choice of law. (1) This chapter applies to determinations of parentage in this state. (2) The tribunal shall apply the law of this state to adjudicate the parent-child relationship. The applicable law may not depend upon: (a) the place of birth of the child; or (b) the past or present residence of […]

Section 104 – Jurisdiction — Authority of Office of Recovery Services — Dismissal of petition.

Effective 9/1/2021 78B-15-104. Jurisdiction — Authority of Office of Recovery Services — Dismissal of petition. (1) (a) Except as provided in Subsection 78A-6-104(1)(a)(i), the district court has original jurisdiction over any action brought under this chapter. (b) If the juvenile court has concurrent jurisdiction under Subsection 78A-6-104(1)(a)(i) over a paternity action filed in the district […]

Section 105 – Protection of participants.

78B-15-105. Protection of participants. Proceedings under this chapter are subject to other laws of this state governing the health, safety, privacy, and liberty of a child or other individual who could be jeopardized by disclosure of identifying information, including address, telephone number, place of employment, Social Security number, the child’s day-care facility, or school. Renumbered […]

Section 106 – Determination of maternity.

78B-15-106. Determination of maternity. Provisions of this chapter relating to determination of paternity also apply to determinations of maternity. Renumbered and Amended by Chapter 3, 2008 General Session

Section 107 – Effect.

78B-15-107. Effect. An adjudication or declaration of paternity shall be filed with the state registrar in accordance with Section 26-2-5. Renumbered and Amended by Chapter 3, 2008 General Session

Section 109 – Limitation on recovery from the obligor.

78B-15-109. Limitation on recovery from the obligor. The obligor’s liabilities for past support are limited to the period of four years preceding the commencement of an action. Renumbered and Amended by Chapter 3, 2008 General Session

Section 110 – Duty of attorney general and county attorney.

78B-15-110. Duty of attorney general and county attorney. Whenever the state commences an action under this chapter, it shall be the duty of the attorney general or the county attorney of the county where the obligee resides to represent the state. Neither the attorney general nor the county attorney represents or has an attorney-client relationship […]

Section 111 – Default judgment.

78B-15-111. Default judgment. Utah Rule of Civil Procedure 55, Default Judgment, shall apply to paternity actions commenced under this chapter. Renumbered and Amended by Chapter 3, 2008 General Session

Section 112 – Standard of proof.

78B-15-112. Standard of proof. The standard of proof in a trial to determine paternity is “by clear and convincing evidence.” Renumbered and Amended by Chapter 3, 2008 General Session

Section 113 – Parent-time rights of father.

78B-15-113. Parent-time rights of father. (1) If the tribunal determines that the alleged father is the father, it may upon its own motion or upon motion of the father, order parent-time rights in accordance with Sections 30-3-32 through 30-3-37 as it considers appropriate under the circumstances. (2) Parent-time rights may not be granted to a […]

Section 114 – Social Security number in tribunal records.

78B-15-114. Social Security number in tribunal records. The Social Security number of any individual who is subject to a paternity determination shall be placed in the records relating to the matter. Renumbered and Amended by Chapter 3, 2008 General Session

Section 115 – Settlement agreements.

78B-15-115. Settlement agreements. An agreement of settlement with the alleged father is binding only when approved by the tribunal. Renumbered and Amended by Chapter 3, 2008 General Session