(801) 254-9450 Child custody disputes are difficult for anyone involved, but unmarried parents can face extra challenges when pursuing custody and visitation rights. For unmarried fathers, in particular, establishing parentage is an additional obstacle to overcome before courts can even address custody. Whether you are a mother or father seeking custody, understanding South Jordan custody for unmarried parents is the first step forward. An experienced child custody lawyer at Carr | Woodall could help you throughout the custody process.
Child custody law in Utah applies when parents separate, whether they were married or not. State law includes two forms of custody, and state courts determine custody by relying on best interest factors under Utah Code § 81-9-204.
Legal custody involves the rights of each parent to make important decisions on a child’s education, religion, language, culture, and other essential parts of their upbringing. State courts prefer joint legal custody and equal decision-making between both parents, as they consider this to be in a child’s best interests. To overcome this presumption, a parent seeking sole legal custody would need to prove why sole legal custody would be better for the child. For example, where there is proof of domestic violence or child abuse, the offending parent could lose their right to joint legal custody.
Physical custody involves where a child lives and how much time they spend with one parent or the other. Joint physical custody means a child lives with each parent at least 111 nights out of each year. Sole physical custody means a child lives with one parent at least 255 nights each year. Just like legal custody, courts base physical custody on a child’s best interests, and they prefer joint physical custody when possible.
If you are an unwed parent, a South Jordan custody attorney from our team could help you understand the state’s laws on child custody and work toward the best possible outcome for you and your children.
Parents who were never married, the same as divorcing parents, can seek and obtain court orders on child custody and visitation (also known as parent-time) in South Jordan. The best interest factors still apply. Child support is a separate issue from custody but also applies to all parents, married or unmarried.
For unmarried parents, the key difference is that they must prove parentage before the courts can act on custody. The biological mother has a preferred right to custody when no one establishes paternity. Biological fathers can prove paternity in three different ways.
When couples dispute paternity, courts can decide whether or not a man is the natural father. When courts issue a paternity order, they can also order changes to a child’s name on the birth certificate.
Additionally, through the state’s Office of Recovery Services, parents can obtain DNA testing to prove paternity.
Unmarried parents can sign acknowledgements of paternity and add a father’s name to the child’s birth certificate. Birthing facilities or hospitals will provide unmarried parents with Voluntary Declaration of Paternity forms if they are both adults. Whether you are a mother or father, a knowledgeable attorney could review the facts of your child custody case and file all necessary documents.
Unmarried parents can face extra challenges when pursuing custody of their children. To learn more about South Jordan custody for unmarried parents, call the legal team at Carr | Woodall today for help and to get your case started.