When married couples separate or divorce, both spouses have a right to request shared custody. Fathers facing divorce are often quick to assert themselves in the hopes of protecting their bond with their children. The situation can be significantly different in cases involving unmarried parents.
Men who did not marry the mothers of their children may question what legal rights and protections they have. In some cases, they choose not to assert themselves and may end up estranged from their children.
Men who want to maintain their relationship with their children need to know about their rights and learn more about the unique family law statutes in Utah. Do unmarried fathers have the right to seek shared custody?
Establishing paternity protects parental rights
The laws governing custody in Utah do not extend preference to mothers regardless of marital status. Instead, the main priority in any custody case is the creation of an order that upholds the best interests of the children. Judges typically try to keep both parents actively involved with the children by granting visitation or shared custody to both parents.
Just like fathers facing divorce can ask for custody, so can unmarried fathers. However, unmarried fathers may have to take an extra step. They typically need to establish paternity to request shared custody.
Many unmarried fathers establish paternity immediately after the birth of their children. They fill out Voluntary Declaration of Paternity (VDP) paperwork at the hospital or birth center with the cooperation of the mother. These documents allow the state to include the father’s name on the birth certificate and legally establish him as a parent.
If the parents did not sign a VDP after the birth of their child, then the father may need to ask the state for support as he attempts to establish paternity. The courts can order genetic testing as a means of validating a man’s claim to paternity. Once the state has acknowledged his parentage, he can then request parental rights and responsibilities.
Unmarried fathers hoping to step up for their children sometimes need help as they prepare to establish paternity and seek shared custody. Securing legal guidance can help streamline this process and improve a father’s chances of success.