(801) 254-9450 In Utah, same-sex parents facing child custody issues will typically encounter the same legal framework and challenges as any other set of parents. However, if you are a non-biological parent in an LGBTQ+ relationship, additional questions regarding your legal parentage may arise, which could make your situation more complicated.
A South Jordan same-sex child custody lawyer could provide effective legal guidance in such cases. From filing the initial paperwork to preparing for court hearings, our experienced child custody attorneys at Carr | Woodall could advise you throughout the process.
Wherever a court ruling could impact the best interests of the children involved, the law applies custody rules to protect their rights. Child custody in Utah can be part of a case involving:
State law includes two forms of custody: legal and physical. Legal custody regulates the rights of each parent to make important decisions on a child’s education, religion, language, culture, and other essential parts of their upbringing. Physical custody regulates where a child lives and how much time is spent with one parent or the other.
Custody rules in Utah are based on the court’s evaluation of the child’s best interests. According to Utah Code Section 81-9-204, considerations that factor into the child’s best interests include:
Courts will also consider the moral conduct of the parents, including evidence of domestic violence, neglect, or abuse involving either parent or the child. In South Jordan, an experienced same-sex child custody attorney could help you understand the process and work toward an outcome that is best for you and your child.
According to state law, same-sex couples must be the biological or legal parents of a child to have parental rights. This means you may have to establish parentage. For instance, when one partner is not the biological parent of a child, they must create a legally recognized parental relationship, such as a stepparent, through formal adoption proceedings.
Under the 2007 Utah Supreme Court Case of Jones v Barlow, non-biological parents do not have legal rights to custody or even visitation unless they have already established parentage by law. This means that when a same-sex couple separates, one parent could be without any guaranteed parental rights if they have not taken prior legal steps to establish parentage.
By consulting our skilled child custody legal team at Carr | Woodall in South Jordan, you could ensure that your parental rights are protected and pursue custody and visitation rights with your child in the event your same-sex relationship dissolves.
Same-sex couples can establish custody rights with their children after a divorce or separation, but they face some challenges that heterosexual couples do not. This means it is important to enlist the legal guidance of a South Jordan same-sex child custody lawyer with the right knowledge and experience to represent you effectively throughout the process. Contact Carr | Woodall today to learn how to protect your parental rights.