What Are Father’s Rights in Utah?

Utah Fathers, Secure Your Vital Role in Your Child’s Life!

Are you struggling to understand what are father’s rights in Utah? Many fathers find themselves lost in the complexities of family law, especially when trying to maintain a strong relationship with their children during legal challenges. 

Quick Summary:

• In Utah, the mother is presumed to have custody if parents are unmarried and separated, while the father must establish paternity to be legally recognized as the child’s parent. 
• Paternity secures the child’s right to financial support, insurance coverage, and inheritance. 
• Utah distinguishes between physical and legal custody, with joint legal custody typically encouraged for the child’s best interests. It is important to establish paternity promptly to secure rights.
• Visitation rights, or ‘parent time’, can be enforced by the court if parents cannot agree. 
• ‘Custodial Interference’ is a misdemeanor, while ‘Parental Alienation’ can damage the parent-child relationship. 
• Paternity can be established through voluntary declaration at the hospital, administrative order with ORS, or court order. 

When Unmarried Parents Separate

In situations where parents are unmarried and separated, the mother is automatically assumed to have a natural right to custody of their biological child. 

This leaves the father with no choice but to establish paternity to be legally acknowledged as the child’s parent. Without establishing paternity, the mother has complete physical and legal custody of the child.

What is Paternity?

Paternity refers to the legal acknowledgment of the parental relationship between a father and his child.

Establishing paternity can offer numerous benefits:

• It secures the child’s right to financial support, insurance coverage, and potential future benefits like inheritance.
• Helps in setting a groundwork for custody and visitation agreements.
• Avoids the issue of reintroducing a child to a parent after a long absence, which can be emotionally challenging.
• Provides a complete medical history for the child, potentially crucial for healthcare.

Father’s Custody Rights in Utah

In Utah, custody rights are divided into two major segments: physical and legal.

• Physical Custody: Determines where the child lives.
• Legal Custody: Refers to who makes key decisions about the child’s healthcare, education, and other critical issues.

The court aims to protect the best interests of the child. Hence, joint legal custody is generally encouraged, except in cases where one parent’s environment is deemed unsafe due to domestic violence or substance abuse. Custody arrangements recognized by Utah courts are:

• Joint physical and joint legal
• Sole physical and joint legal
• Sole physical and sole legal
• Split custody

Interestingly, if parents agree on joint custody (be it legal, physical or both), they must draft a parenting plan and submit it to the court for approval to ensure the child’s best interests are preserved.

Father’s Visitation Rights

Visitation, referred to as ‘parent time’ in Utah, is the duration the non-custodial parent gets to spend with the child. When parents can’t agree on a suitable arrangement, the law provides a schedule based on minimum time limits. The court has the power to enforce such a schedule if necessary.

Custodial Interference and Parental Alienation

Even when things are tough between parents who are divorced or separated, it’s important to remember about each other’s right to be a parent. If one parent stops the other from seeing their child without a good reason, that’s called “Custodial Interference” and it’s against the law in Utah. It’s like a minor crime.

Sometimes, when parents separate, one parent might try to make the child feel bad about the other parent. This is called “parental alienation,” and it’s not okay. It can hurt the child’s relationship with both parents and might even need help from a therapist to fix.

How to Establish Paternity in Utah

Establishing paternity in Utah is a process with profound implications for both the child and the father. In Utah, there are various ways a father can establish paternity, each with its own set of steps, legal considerations, and outcomes.

1. Voluntary Declaration at the Hospital

One of the simplest ways to establish paternity in Utah is through a Voluntary Declaration of Paternity. This is commonly done right at the hospital shortly after the child’s birth. Both parents will need to sign a declaration form, which is a straightforward document affirming the man as the biological father. This voluntary acknowledgment creates a legal bond between the father and child right from the start.

2. Voluntary Declaration After Leaving the Hospital

If the parents do not complete the Voluntary Declaration of Paternity at the hospital, they can still do it later. The process involves obtaining the declaration form, which is available at local health departments, the Office of Vital Records, or child support offices in Utah. Both parents must sign the document in the presence of a notary public. Once completed and filed, this declaration has the same legal effect as if it had been done at the hospital.

3. Administrative Paternity Order

If parents aren’t sure who the dad is and can’t agree, either one can ask a government agency called the Utah Office of Recovery Services (ORS) for help. This agency helps families with child support and figuring out who the dad is. They can order a DNA test to find out for sure. If the test says the man is the dad, the ORS will make it official with a special order.

4. Court Order

Either parent can also choose to go directly to court to establish paternity. This process typically starts by filing a petition for paternity in the district court. The court can then order DNA testing to determine if the man is the biological father.

If the tests are positive, the court will issue an order of paternity. This method is often used when there are disputes about paternity or when the father seeks custody or visitation rights in addition to the acknowledgment of paternity.

Paternity Testing

A paternity test can help answer that question for sure. This test checks the genes of a child and a possible father to see if they match. It’s a good way to clear things up if there’s any doubt about who the dad is.

Once a dad is confirmed through a paternity test, both parents have equal rights to decide how their child spends time with them. This is similar to what happens when parents get divorced. They can work together to create a plan for where the child lives and how often they see each parent. This plan can then be approved by a judge to make it official.

Timeline to Establish Paternity

In Utah, establishing paternity early can be helpful for fathers. If a man believes he might be the dad, signing a “Voluntary Declaration of Paternity” within 30 days of the child’s birth gives him legal rights and responsibilities. This includes things like visiting the child and possibly even sharing custody. After 30 days, the process becomes more complex and involves the court system.

Dads who want to make sure they have rights and responsibilities towards their child even before it’s born can take action in court.

Champion Your Father’s Rights in Utah, Call Our Family Lawyer Now!

Stuck in a Family Law Bind? We understand it’s tough. Family law issues, especially those about father’s rights, can feel overwhelming. That’s where we come in.

Boyack Christiansen Legal Solutions is your partner through thick and thin. With experience in a broad range of family law cases—including everything from divorces and child custody battles to paternity cases—we’re well-prepared to help you maintain your bond with your child.

Don’t leave your rights as a father to chance. Call us now! We’ve made a difference in many lives, and we’re ready to champion your cause.