What Are the Rights of an Unmarried Parent in Custody Cases?

Utah custody laws for unmarried parents can be tricky to navigate. Utah has one of the lowest rates of unmarried couples in the country—just 4.9 percent choose to skip tying the knot. 

While nothing is stopping you from building a life with someone you love and raising kids together without getting married, being an unmarried parent in Utah comes with a few legal challenges- especially when it comes to custody for unmarried parents.  

The good news is that unmarried parents do have rights. The trick is knowing what they are and how to protect your role in your child’s life—whether you’re a mom or a dad. In this guide, we’ll break it all down, so you’re clear on where you stand and what steps you can take when it comes to custody issues.

Who Has Custody by Default for Unmarried Parents?

The answer varies depending on the laws of your state, but in most cases, when a child is born to unmarried parents, the mother automatically has sole legal and physical custody. 

This means she has the authority to make decisions about the child’s health, education, and general well-being unless a court says otherwise.

That doesn’t mean fathers are out of luck. Fathers can (and should) establish paternity if they want to have custody or visitation rights. Otherwise, the father may have limited or no say in the child’s life.

Why Establishing Paternity Matters

Paternity is the legal acknowledgment of a parental relationship between a father and child. If you’re an unmarried father, proving paternity is the first step to claiming custody or visitation. Without it, the court doesn’t recognize you as the child’s legal parent, and you won’t have any legal rights.

You can establish paternity in a few ways:

Voluntary Acknowledgment: Both parents sign a form at the hospital or later through the state’s vital records office.

Court Order: A court can require a DNA test to confirm paternity if there’s a dispute.  

Once paternity is established, the father has the right to pursue custody, visitation, or child support agreements.

Custody Rights for Unmarried Mothers

As mentioned earlier, unmarried mothers in Utah typically have custody by default. However, this doesn’t mean the father can’t challenge it. If the father establishes paternity and petitions for custody or visitation, the court will evaluate what arrangement serves the child’s best interests.

It’s also worth noting that having custody by default doesn’t mean it’s set in stone. If the court finds that the mother’s living situation or parenting choices aren’t suitable for the child, the father could be awarded custody instead.

Custody Rights for Unmarried Fathers

Courts no longer automatically favor mothers. Fathers are considered equally when deciding custody under Utah custody laws for unmarried parents. However, fathers need to demonstrate that their involvement benefits the child’s well-being.

Here are the types of custody fathers can seek:

Legal Custody: The right to make decisions about the child’s life, such as education and healthcare.

Physical Custody: The child lives with you for part or all of the time.

Joint Custody: A shared arrangement where both parents contribute to the child’s care and decision-making.

The court will look at several factors to decide custody, including:

• The child’s relationship with each parent  
• Each parent’s ability to provide a stable environment  
• The mental and physical health of both parents  
• The child’s preferences, depending on their age.

What Happens If Parents Can’t Agree on Custody

Custody disputes can arise when unmarried parents and custody decisions are contested. Under such circumstances, the court steps in. The judge’s priority is the child’s best interests—not the convenience or preferences of either parent.

If you’re going through this, be prepared to provide evidence showing why your custody or visitation proposal is the best option for the child. This might include:

• Proof of your involvement in the child’s life  
• Financial stability  
• A safe environment  
• Willingness to cooperate with the other parent

Visitation Rights for Unmarried Parents

If one parent has primary custody, the other typically gets visitation rights. Courts recognize the importance of maintaining a relationship with both parents, so unless there’s a legitimate reason (like safety concerns), visitation will likely be granted.

Visitation can be structured in different ways:

• Scheduled Visitation: Specific days and times for visits, often laid out in a formal parenting plan.  
• Supervised Visitation: Visits occur under the supervision of a neutral third party if there are concerns about the child’s safety.  
• Reasonable Visitation: Parents work out the schedule themselves without court involvement.

Violating a visitation agreement can have legal consequences. It’s essential to stick to the terms or request a modification through the court if changes are necessary.

What About Child Support?

Custody laws in Utah treat child support and custody as separate issues. Even if a father doesn’t have custody, he may still be required to pay child support once paternity is established. The goal is to make sure the child has the financial resources they need.

Child support is calculated based on factors like:

• Both parents’ income  
• The cost of childcare, education, and medical needs  
• How much time the child spends with each parent

Failing to pay child support can lead to serious consequences, including wage garnishment, fines, or even jail time. If you’re struggling to meet payments, it’s better to seek a modification than to let the issue escalate.

Tips for Unmarried Parents in Custody Cases

If you’re navigating unmarried parents custody situations, keep these tips in mind:

Keep the Focus on the Child:

Courts prioritize the child’s well-being. Show that you’re willing to cooperate and make decisions that benefit them.

Document Everything:

Keep records of your involvement in the child’s life, including communication with the other parent, financial support, and time spent together.

Be Proactive:

Don’t wait until a disagreement arises. Establish paternity, create a parenting plan, and formalize custody arrangements as early as possible.

Avoid Conflict:

Custody battles can be emotionally draining. Staying civil with the other parent can make the process smoother for everyone, especially the child.

Consult a Professional:

While you don’t need a child custody lawyer to file for custody, having one can help you navigate the legal system and build a strong case.

Over to You

Being an unmarried parent doesn’t mean you have fewer rights- just that the process to establish them may look a little different. Understand the laws in your state and stay focused on what’s best for your child. Take it step by step, and don’t hesitate to ask for help if you need it.

At Henriksen & Henriksen, we understand how overwhelming custody cases can feel—especially for unmarried parents. With decades of experience in family law, our team is committed to protecting your relationship with your child and fighting for what’s best for your family.

Schedule your consultation today and get the support you need to navigate the legal process confidently.