When is Paternity Presumed by Virtue of Marriage

[Not Steve]

My question involves paternity law for the State of: Oregon/Utah

In in Feb 2008 my ex girlfriend informed me that she was pregnant. Assuming the child was mine we got married and the child was born in Oct 2008 in Utah. In May 2009 we were divorced and the mother and child moved to Oregon where they currently reside (I'm still in Utah). During the time the mother got pregnant she had also been seeing other men. she denied at the time having sexual relations with anyone but myself. While I took responsibility and married her, I have always had a doubt about the real paternity. The child is now 3 years old. Is it now too late to challenge the paternity? And if not how would I set about doing so? Would Utah or Orgeon have jurisdiction over the matter?

[Mr. Knowitall]

So you married during the pregnancy and, when the child was born, you voluntarily signed the application for a birth certificate as the child's father. Then, more than three years ago, you divorced and did not dispute your paternity? Now you have decided that you want to revisit paternity and, if you're not the biological father, walk away from your child?

It appears that both Utah and Oregon would hold that you are estopped by your prior (divorce) litigation from now relitigating the issue of paternity. Oregon's statute allowing challenges to paternity based on a claim that a "paternity determination was obtained by or was the result of fraud, misrepresentation or other misconduct of an adverse party" must be filed within "one year after the petitioner discovers the fraud, misrepresentation or other misconduct", so even assuming your case could be shoehorned into that statute it appears that you're several years too late to resort to it. ORS 109.072. Utah requires that, when a child has a presumed father, the father may raise a challenge to paternity "". Utah Judicial Code, Sec. 78B-15-607. You can talk to a family lawyer, but from what I can see you should get used to being daddy, man up, and be a father.