When it comes to divorce, many men believe there is a lack of respect for their parental rights. While the objective of Utah family courts is to look after the best interest of the child, it often comes at the expense of men. But not all divorce cases involving men and child custody are not the same. Some of the most complex also involve unmarried men. Issues such as establishing paternity and determining Because fathers have been historically labeled as providers rather than nurturers, primary child custody is often awarded to the mother. Because men are often at a disadvantage, the choice of a Provo divorce attorney is extremely important. It can make the difference between maintaining or losing the rights of your children.
Parental Rights of Unmarried Fathers
There was a time when unmarried fathers in Utah had very rights when it came to child custody. The biological mother typically awarded custody almost by default. But times have changed. Modern technology has allowed more men to establish paternity. In addition, having a skilled Provo paternity attorney on your side can also help. Once someone has established themselves as the biological father, they have just as much legal right to the custody of their children. Although the court will determine the physical custody of the child, the Utah family generally favors both parents playing role in the child’s upbringing. By gaining custodial rights, fathers will have the opportunity to make the following important decisions.
- Where the child will attend school
- Their medical care
- Religious upbringing
Working Together With the Mother
In many cases, the child’s biological mother and father can work together to establish a suitable living arrangement, which can be submitted to the court. In the case of a divorce, Utah law requires both parties to attend at least one session of mediation. It allows both parties to voice the questions, concerns, and air their grievances to an independent mediator. In many cases, it provides constructive dialogue allowing couples to make mutual agreements. However, if both parents cannot agree with an arrangement, the court will take several different factors into consideration including:
- An evaluation of each parent’s emotional and physical health
- Each parent’s ability to provide a stable environment
- How the child bonds with each parent
- Each parent’s ability to meet the child’s emotional and physical needs
- Each’s parent level of involvement in their child’s life
To determine which parent grades higher in these categories, the judge will order the custody evaluation.
A Provo Paternity Attorney Can Help
Child custody is just one important factor when it comes to divorce. Establishing paternity also plays an important role in other issues, such as child support, visitation rights. Another common scenario is if the child’s mother remarries. Divorce attorney Emy A. Cordano understands many of the challenges and obstacles facing fathers who are fighting for custody of their children. She and her legal team work diligently in the courtroom and behind the scenes to help place each client in the best position to succeed. To learn more, contact her Provo family law office today and schedule a consultation.