Child Custody for Unmarried Parents
Salt Lake City attorney helps secure custody and visitation
It is currently estimated that 40 percent of American children are born to unmarried parents. In Utah, about 19 percent of children are born outside marriage. The circumstances vary widely. Some parents maintain continuing relationships while others are estranged from each other. Whatever the situation, the fact that the parents are not married raises a number of questions about their rights to be a part of their children’s upbringing. If you need trustworthy guidance on issues of child custody for unmarried parents, Attorney Victoria Cramer can help.
Rights and responsibilities of unmarried parents
All parents, married or not, have a legal responsibility for their children’s welfare. Under Utah law, a child has the right to financial support from both parents. This means that an unwed mother can require the child’s father to pay child support. When the parents are married, the law presumes the husband is the child’s father. No such presumption exists outside of marriage, so before a mother can seek a support order, there must be a legal determination of paternity. Likewise, a father has no standing to request custody or visitation until the paternity is established.
Fathers who are in long-term cohabitating relationships might believe that common law marriage in Utah grants them a presumption of paternity. But the question of whether their relationship is a common law marriage can require more complex proof than simply taking a paternity test.
Establishing paternity for a child of unmarried parents
There are two ways to establish paternity. First, when the child is born, the parents can jointly acknowledge the father’s role. At the hospital, the man can sign a Voluntary Declaration of Paternity as prescribed by Utah Code Ann. Section 78B-15-302. This form does not require a paternity test.
However, if either mother or putative father contest paternity, the man must take a paternity test to ascertain the truth.
Is there a presumption of legal custody for mothers?
Utah child custody law is gender neutral. However, in the case of unmarried parents, mothers have a “natural” and “primary” right to custody. Until a father establishes paternity, he has no rights at all. After establishing paternity, he must prove by a preponderance of the evidence that visitation is in the best interest of the child.
Determining custody for child with unmarried parents
Although an unmarried mother has the natural and primary right to custody, a father who has established paternity can petition the court for joint custody or visitation. The father must prove that some form of shared parenting is in the best interest of the child. His case is helped if he can demonstrate:
- An existing, loving relationship with the child
- Good moral character
- Ability to act as a primary caretaker
- Ability to provide a safe, healthy environment for the child
Fathers seeking the legal right to have access to their children should consult a child custody attorney.
Visitation rights for non-custodial parents
Unless there is a serious question of the mother’s unfitness, a noncustodial parent can be successful in the family court for visitation. Utah law operates under the presumption that frequent, meaningful contact with both children is in the best interests of the child.
Contact an experienced Salt Lake City attorney for child custody disputes
Attorney Victoria Cramer in Salt Lake City advocates for unmarried parents embroiled in child custody disputes. To schedule a consultation, call 801-299-9999 or contact her office online. Same-day appointments may be available for urgent matters.
