Legal paternity is particularly important when a mother leaves her child or when her parental rights are called into question. A father whose paternity was established at birth automatically receives primary custody of a child if he or she is removed from the mother`s custody by the Ministry of Family and Children`s Services. Alternatively, if the father is not listed on the birth certificate, he or she must establish paternity, undergo home schooling and wait for a decision while the child waits in foster care. Before a father can legally be considered the father of a child, he must have established paternity. At this stage, the court may make arrangements for visits, draft custody arrangements, provide access to the child`s medical history, and make financial arrangements. Even though children born out of wedlock and births to unmarried parents in Salt Lake City or elsewhere in Utah no longer raise eyebrows, having a child with someone you`re not married to creates a whole host of legal challenges to consider. Note that if a single mother wants to give her child up for adoption and the father has not yet established paternity by law, it may be necessary to take additional measures to protect her parental rights. The father must also be willing to demonstrate that he provided the mother with financial and emotional support during the last six months of her pregnancy (unless the mother refused to accept such support). All this must be done before the mother`s renunciation, otherwise the single father may lose his parental rights. The determination of paternity is essential, because without it, the father has no rights over the child. This also includes the possibility of determining custody or visitation. The child also does not have any of the following rights to the father: • Custody of the children – Utah courts assume that joint custody is in the best interests of the child. Primary custody is usually transferred from the child`s primary caregiver to the parent who is the primary financial service provider.
• Child Benefit – In Utah, child support is based on the number of nights a child spends with each parent. • Spousal support – A Utah mother is entitled to temporary support during divorce proceedings and post-divorce support due to the circumstances of her divorce. • Division of matrimonial property – The courts consider factors such as your age, the length of your marriage, the occupation and the standard of living of each spouse in order to make a decision on the division of matrimonial property. • Domestic violence – A Utah mother has the right to seek protection orders if she does not feel safe during court proceedings for divorce, custody, alimony, and access. Wasatch Defense Attorneys` maternal rights attorneys will help you get a protection order so you feel safe during your court proceedings Historically, mothers in the state of Utah have been favored by the courts when it comes to child custody disputes. Nowadays, however, courts look at the merits of both parents in terms of their ability to care for and educate their children. In an effort to maintain a strong paternal presence, joint custody became a joint arrangement between divorced parents in the hive state. Each year, only one parent can declare the dependent child on their income tax forms.
Fortunately, the person who declares the child as a dependant can change from year to year. Many parents develop a plan based on income, custody arrangements, and financial arrangements that benefit everyone involved.
