fbpx
8833 South Redwood Road
Suite C
West Jordan, UT 84088

Call For Free Consultation

(801) 676-5506


Call Us

Utah Mother’s Rights

Utah Mothers Rights

Mother’s Rights in Utah – Although Utah is a seemingly conservative state, there are still some benefits available to mothers, whether single or married. It is important mothers seek legal representation from a qualified mother rights attorney with experience on important family law matters such as child custody, child visitation, child support, and so on. An experienced family law attorney can help you make an informed decision and seek the fair enforcement of your legal rights.

Courts no longer favor mothers as they used to – While it is true mothers have been highly favored by the court system, there has been a recent shift in recent years. Now, fathers are also favored in child custody disputes. The courts take a look at both parents’ circumstances and determine whether they are equipped to raise the child. Joint custody also comes into play as it keeps the father equally involved in the child’s life. This approach can save the family, even when parents decide to file for divorce. So mothers must show that they are the most capable parent with the help of an experienced mother rights attorney otherwise they may not be able to claim their rights.

Establishing paternity is a necessity

If you are a single mom, you probably wish to collect child support so your children can have a decent life. But in order to do so, you must first file a court petition. Then, you can determine who the biological father through a simple blood test is. As long as you have sufficient prove that he is the father, you can request child support and the court should grant it. This is the best approach to establishing paternity otherwise there is no legal proof of paternity or a way to enforce child support when needed.

Unmarried Parents and Child Custody in Utah

Even though children born outside of marriage and births to unmarried parents no longer raises eyebrows in Utah, having a child with a person you are not married to does create quite a few legal challenges that must be taken into account.

Establishing paternity is vital

If a child is born to an unmarried couple, a father can be legally named as the father of the child only after establishing paternity. The mother of the child born to a man outside of marriage will not be able to request a child support order until paternity has been legally established. The child whose paternity has not been established and documented will have no legal claim on his or her father’s inheritance rights or financial benefits. If paternity of the child is not disputed or questioned, the father can gain rights to his child by signing a Voluntary Declaration of Paternity in Salt Lake City Utah. This form is usually offered to the father after the baby is born in the hospital. This is a voluntary way of establishing paternity in Utah and does not require the man to take a paternity test. If the mother or father have doubts over the paternity of their child or anyone contests paternity, the man who is thought to be or claims to be the father must take a paternity test. If the child’s biological connection is linked to the man, paternity will be legally established.

Unmarried mother has the natural (primary) right to custody

One of the biggest legal challenges faced by the father of the child whose paternity has not been established is that he may not be able to gain custody rights. Under federal and state laws in Utah, when the child is born to unmarried parents, the mother will gain the natural or primary right to custody. The father whose name was not included on the birth certificate, meanwhile, has no right to custody until paternity is legally established. In case any legal action arises between the unmarried parents – be it child custody, parent visitation, or other – the father of the child will have no legal claim whatsoever in courts unless paternity has been established at or after birth.

Father gains primary custody of a child if the unmarried mother abandons, neglects or abuses her child or if her parental rights are legally disputed, the father can gain primary custody of that child only if paternity has been legally established. The mother, meanwhile, will have her custody rights removed if the court proves any of the above-mentioned wrongdoings to be true. If no father has established paternity, the child will be placed in foster case. As you can see, there are quite a few legal challenges that unmarried parents may face. If you have any questions about your custody rights as an unmarried parent, consult a Salt Lake City child custody attorney right away.

Mothers Rights Divorce Lawyer

Historically, mother’s in the state of Utah have been favored by the courts when it comes to disputes over child custody. However, these days the courts review the merits of both parents in their ability to care for and raise their children. In an effort to maintain a strong paternal presence, joint custody has become a common agreement among divorced parents in The Beehive State.

Mothers Rights during a Divorce

It is important to establish what is in the best interest of your children during and after your divorce and what parenting plan will work best for your situation to present to the court during the divorce proceedings. The court will evaluate both the mother and father to determine the child or children’s best interest for the following:

• Child Custody – Utah courts presume that joint legal custody is in the child’s best interest. Primary custody is usually awarded to the child’s primary caretaker over the parent who is the primary financial provider.
• Child Support – In Utah, child support is based on the number of overnight stays a child spends with each parent.
• Spousal Support – A mother in Utah us entitled to temporary alimony during divorce proceedings and post-divorce alimony based on circumstances surround her divorce.
• Marital Property Division – The courts will take into consideration factors like your age, the length of your marriage, the occupation, and standard of living of each spouse to enter a ruling for the division of marital property.
• Domestic Violence – A mother in Utah have the legal right to seek protective orders if she feels unsafe during the legal proceeding for divorce, child custody, child support and visitation rights. The mother’s rights advocates at Wasatch Defense Attorneys will help you obtain a protective order to help you feel safe during your legal proceeding

Importance of Establishing Paternity

To establish child support orders in Utah, an unmarried mother must first establish the child’s paternity. Under the Utah Administrative Procedures Act (UAPA), the Office of Recovery Services (ORS) has the authority to legally establish paternity to ensure parents are financially responsible for their children.

What Are Your Legal Rights As A Mother?

Mothers have certain legal rights when it comes to her children. During a divorce proceeding, it is important for mothers to obtain legal assistance when it comes to child custody, visitation, child support and other legal matters. Wall & Wall Attorneys at Law are experienced in representing mothers in family law issues, and will actively seek a fair enforcement of your rights in order to obtain a favorable result.

Mothers Are No longer Favored… What Does That Mean For Mother’s Rights?
Although the mother has been historically favored by the court system for many years when it comes to custody disputes, the latter half of the 20th century saw a greater shift in the rights of fathers. The courts have begun to decide more cases based on an even playing field, looking at the merits of both parents and their ability to raise the child. They have also begun to favor joint custody, as a way to maintain the presence of the father in the child’s life. Some judges will want to do what they can to preserve the family, even if there is no chance of reconciliation between the two parents. So with the assumption that the mother is always the better choice for custody now gone, she must be able to show that she is a good parent and capable of taking care of the child, especially in a contentious court battle.

Mother’s Rights In Utah

When you need legal help with Utah Mothers Rights, please call Ascent Law LLC for your free consultation (801) 676-5506. We want to help you.

Michael R. Anderson, JD

Ascent Law LLC
8833 S. Redwood Road, Suite C
West Jordan, Utah
84088 United States

Telephone: (801) 676-5506

Ascent Law LLC

4.9 stars – based on 67 reviews


Recent Posts

Utah Divorce Code 30-3-10

Bankruptcy Business Debt

Why You Need A Will

Divorce And Property Division

Hotel Lawyer

Utah Real Estate Code 57-1-11

Share this Article

About the Author

People who want a lot of Bull go to a Butcher. People who want results navigating a complex legal field go to a Lawyer that they can trust. That’s where I come in. I am Michael Anderson, an Attorney in the Salt Lake area focusing on the needs of the Average Joe wanting a better life for him and his family. I’m the Lawyer you can trust. I grew up in Utah and love it here. I am a Father to three, a Husband to one, and an Entrepreneur. I understand the feelings of joy each of those roles bring, and I understand the feeling of disappointment, fear, and regret when things go wrong. I attended the University of Utah where I received a B.A. degree in 2010 and a J.D. in 2014. I have focused my practice in Wills, Trusts, Real Estate, and Business Law. I love the thrill of helping clients secure their future, leaving a real legacy to their children. Unfortunately when problems arise with families. I also practice Family Law, with a focus on keeping relationships between the soon to be Ex’s civil for the benefit of their children and allowing both to walk away quickly with their heads held high. Before you worry too much about losing everything that you have worked for, before you permit yourself to be bullied by your soon to be ex, before you shed one more tear in silence, call me. I’m the Lawyer you can trust.