Everything You Need to Know About Utah Child Custody Laws for Unmarried Parents

Henriksen LawFamily Law

child custody parent waving goodby to child

Utah has the smallest number of unmarried couples in the US. Out of 672,000 couples who live together in the beehive state, only 8% are unmarried. While you can live with the person you love and raise kids without tying the knot in Utah, being unmarried has a few legal drawbacks. 

For one, unmarried parents find it challenging to steer the child custody laws in Utah. Second, you might have to establish your paternity as a father to ensure your visitation rights or when filing for the custody of your child. While the laws aim to protect the child’s best interests, you must consider the challenges you might face if you are separating from your live-in partner. 

This post will help you understand what happens when you decide to that.

Let’s get started. 

You Will Need to Establish Your Paternity 

According to Utah child custody laws, when unmarried parents separate, the natural right of custody goes to the biological mother. You will need to establish your paternity to be legally named as the father.  

But there are a few other considerations as well: 

  • If you are the mother, you cannot request child support from the father unless the paternity is legally established. 
  • Secondly, if you are the child and your paternity hasn’t been established, you may not be able to claim inheritance, health insurance benefits, veteran’s benefits, and social security benefits from your father. 
  • As a father, you can apply for child custody or visitations only after establishing your paternity. It gives you the legal say in how your child gets raised, their education, and overall well-being.

How Do You Establish Paternity in Utah

In Utah, there are three ways to establish your paternity:

1. Judicial Paternity Order

If the mother or father disputes paternity, a court order is necessary. Utah allows either parent to file for child custody and ask the court to decide who the father is. The court issues a judicial paternity order. Once paternity is established, fathers have the same rights as mothers. If the court order asks to remove or add a parent or change the child’s name, you will need to change the birth certificate accordingly.

2. Administrative Paternity Order

Another way to establish your paternity is to get an order from the Office of Recovery Services (ORS). The ORS sends a Notice of Agency Action, which either gives you an appointment for DNA testing or instructions for requesting the test. DNA testing is usually free for people who have an open case with the ORS.

3. Voluntary Declaration of Paternity (VDP)

Your third option is a voluntary declaration of paternity or VDP. Unmarried parents in Utah can sign an official confirmation of paternity and add the feather’s name to the child’s birth certificate. 

The birthing facility or hospital will provide you with the VDP form. Both parents need to sign it, usually at the time of birth. If one or both parents are minors (under 18), their parent or legal guardian must also sign the VDP form. Once you file the VDP with the Office of Vital Records and Statistics, the feather’s name gets added to the child’s birth certificate.

However, you should not sign the VDP if you doubt you are the father or if the mother is married and her husband is not the father. If you don’t understand the legal consequences of your actions, don’t sign the VDP and call a Utah family law attorney instead.

How Do Unmarried Parents Get Child Custody in Utah 

In Utah, unmarried parents can create a custody agreement without going to court. If both of you agree on co-parenting, you can create a document that outlines physical and legal custody, visitation schedules, and how the child will be raised. 

You can seek mediation if you and your partner struggle to create a co-parenting plan. A qualified, experienced mediator will help you reach a mutually beneficial agreement. Mediation is often quicker and less stressful than court battles.

When parents can’t agree, filing for custody in the family court is the only way to protect your rights as a parent. You can start the process using the Online Court Assistance Program (OCAP). But we recommend hiring a seasoned Utah family law attorney. Your lawyer can help you understand your rights and avoid legal pitfalls. 

Can A Father Get Physical Custody of a Child

When parents are unmarried, the mother usually gets the primary or physical custody of the child even if the paternity is established. The mother can request child support from the father.

However, the father may get primary custody under two circumstances:

  • If the unmarried mother abandons, neglects, or abuses the child, or if she is an addict, alcoholic, or substance abuser.
  • Here parental rights are legally disputed. 

The court may also rescind a mother’s custody rights if required. However, you should speak with a competent family lawyer in Utah immediately. Each case is unique, and a skilled attorney can help you take the right legal steps to protect your rights as a parent.  

Conclusion 

Unmarried parents have to face a few legal challenges when it comes to establishing their paternity, getting child support, and ensuring visitation rights. Whether through mutual agreement or court involvement, the focus should always be on the child’s best interests. You must cooperate and communicate with your ex to provide a healthy and supportive environment for your child.

As far as your legal rights are concerned, we are here to help you. Learn how you can establish your paternity or get child support. Book a free 15-minute call with divorce attorney Robert M. Henriksen. Book it online or call at (801) 521-4145.