It is important for fathers going through a separation or divorce to know that, as a parent, you have the same custodial rights as your ex-spouse. In the state of Utah, the courts recognize the importance of maintaining a strong paternal presence for children of divorced parents and mandate that each parent is treated equally. However, many divorced fathers agree that there tends to be favoritism toward the mother in child custody disputes.
Matters pertaining to your child including child custody, visitation, child support are determined by the information you and your spouse provide to the courts, who are looking for the most advantageous circumstances for the best interest of your child. As a father, if you are going through a difficult separation or divorce and contentious child custody battle, or if you are unmarried and need to establish paternity, you need to seek legal representation from an experienced fathers’ rights attorney to safeguard your fathers’ rights and help you navigate Utah’s family courts.
Protect your legal rights as a father and the rights of your child by choosing an experienced and compassionate fathers’ rights advocate to ensure you receive fair and equitable treatment in your child custody case. Wasatch Defense Attorneys have the knowledge and resources to help you preserve your fathers’ rights in Utah.
Fathers Rights During a Divorce in Utah
Building a strong case to prove what is in the best interest of your child, both during your separation and after the divorce is final, will be vital to establish your credibility as a parent. While resolution through mediation should be attempted, sometimes going to court is your only option if you and your ex cannot come to an agreement. In divorce disputes that involve your child, the court will conduct an evaluation of both parents to make the best decision for the well-being of the children for the following common areas of dispute:
- Child Custody – Joint legal custody is presumed to be in the child’s best interest and primary custody will be awarded to the primary caregiver over a parent who is the primary financial source.
- Child Support – Child support in Utah is based on the number of overnight stays with each parent. The monthly child support obligation will be calculated by a formula established in Utah Code Section 78B-12-301 using the income of both parents.
- Marital Property Division – Factors like the number of years you’ve been married, the standard of living and income of each spouse and your age are taken into consideration for a ruling of the division of marital property.
- Spousal Support – It is important to understand your legal options when it comes to spousal support. Your fathers’ rights advocate will advise you of your obligations that may include temporary alimony during the separation and throughout the divorce. Post-divorce alimony is based on financial and other circumstances.
- Child Visitation – Also known as parent time, is the time that a non-custodial parent spends with his or her children. If parents cannot agree on a schedule for visitation, Utah state law provides a time schedule to ensure continuous visitation with a minimum parent time schedule based on the child’s age:
- Children under 5 see Utah Code Section 30-3-35.5
- Children 5-18 see Utah Code Section 30-3-35
Visitation Interference
The courts determine the guidelines for child custody in Utah during divorce proceedings, but all too often fathers’ rights are ignored or overlooked when those guidelines are not followed. Utah law states that if one parent intentionally sabotages visitation by withholding the child from the other parent, they are committing a crime. If your ex-spouse is intentionally keeping your child from you, despite your custodial rights, it is important to take the right steps to have your visitation enforced. How can fathers in Utah protect themselves?
- Be Civil when dealing with your ex-wife, especially in front of your son or daughter. A peaceful transition after visitation will is key to make sure you’re not putting your child in the middle of conflict. Save any serious conversations for a private phone call later on.
- Keep a Record of phone calls, face-to-face interactions, social media posts and save all texts and emails as hard evidence of visitation and other relevant issues between you and your former spouse.
- Contact an Experienced Fathers’ Rights Lawyer in Utah to protect your legal rights as a father and the rights of your child. Wasatch Defense Lawyers in Salt Lake City understand that dads often face many legal challenges in a divorce including:
Benefits of a Joint Custody Agreement
To maintain a strong relationship with both parents, a joint custody arrangement (custody rights awarded to both parents) will provide a child with equally split time between parents. Children with continuous access to both mom and dad with joint custody are less likely to suffer traumatic feelings of rejection and loss. It is important to hire an experienced child custody lawyer help develop a comprehensive, beneficial joint custody parenting plan to ensure your child’s best interests are met.
Choose an Experienced Fathers’ Rights Divorce Attorney in Utah
Being a successful dad and maintaining a good relationship with your children after a divorce can be challenging. It is important to choose an experienced fathers’ rights divorce attorney in Utah who understands that the stress of divorce can have a negative effect on children.
The compassionate family law and divorce lawyers with Wasatch Defense Lawyers will help you build a solid case and work for a quick resolution so both you and your children can begin new routines and move forward with your lives. Contact us today or give us a call at 801-845-3509 for your free no-obligation case review. We are proud to provide military discounts and offer flexible payment plans.
