Definition of a Putative Father 

A putative father is a man who may biologically be a child’s father but has not yet been legally recognized as such. This situation frequently arises in adoption cases, where determining paternity can have a significant impact on legal proceedings. 

You might be considered a putative father if: 

• You were in a relationship with the child’s mother around the time of conception but were not married. 

• You have been informed or suspect that a child you fathered is being considered for adoption. 

• You wish to have a role in adoption or custody decisions but have not yet established legal paternity. 

Why Your Paternity Status Matters 

Understanding whether you are a putative father is essential for protecting your parental rights and ensuring your child’s best interests are considered. Your status as a putative father can influence: 

• Receiving Notice of Adoption Proceedings: Registering with Utah’s putative father registry ensures that you are notified about adoption actions involving your child. 

• Consent to or Contest an Adoption: Legally recognized fathers generally must provide consent for an adoption or contest it, except in certain circumstances. 

• Establishing a Legal Relationship: Once paternity is confirmed, you may pursue custody, visitation, or parenting rights based on the child’s best interests. 

Legal Implications for Putative Fathers 

Being identified as a putative father carries significant legal implications: 

• Recognition as a Father: Confirming paternity grants you legal status in your child’s life, including the ability to make or influence critical decisions. 

• Rights in Adoption Cases: You may challenge an adoption, seek custody, or negotiate an open adoption agreement, where applicable. 

• Responsibilities: Legal fatherhood often comes with financial obligations, such as child support and medical coverage. 

• Access to Legal Counsel: Experienced legal guidance is crucial to navigate strict deadlines, documentation requirements, and court procedures. 

Frequently Asked Questions (FAQs) for Putative Fathers 

Contact Christensen Law 

If you have concerns about your status as a putative father, suspect a child you fathered may be placed for adoption, or need assistance with paternity or adoption-related issues, Christensen Law is here to help. 

Phone: (801) 303-5800 

Online Consultation Form: Schedule a Consultation 

Our team is dedicated to protecting your rights and helping you make the best decisions for your child’s future. 

The post What is a Putative Father?  appeared first on Christensen Law - Salt Lake City Family Lawyers.

Sometimes life changes, and a custody order that once worked well may no longer fit your family’s needs. In Utah, custody orders are not set in stone. Modifications are possible, but they require specific circumstances and legal steps to ensure the best interests of the child are prioritized. 

When can a custody order be modified in Utah?  

A custody order can be modified under the following conditions:  

1. Material and Substantial Changes in Circumstances  
   • Examples can include a parent relocating out of state, a change in the child’s needs (education, health, etc.), evidence of abuse, neglect or endangerment, or a parent’s inability to adhere to the custody agreement.  

2. Time Since the Last Order 
   • Modifications are more likely to be successful when they come at least a few years after the last permanent order. 

3. Best Interests of the Child  
   • Utah courts will always evaluate whether the proposed changes align with the child’s best interests, focusing on their safety, stability, and overall well-being. 

How to Modify a Custody Order  

If you believe that a custody modification is necessary, here are the steps to follow:  

1. Consult an attorney  

2. File a petition to modify  

3. Provide evidence for modification  

4. Mediation  

5. Court hearing  

Some cases may require a more complex process for modification. Consult an attorney to understand the possibilities of your case.  

Frequently Asked Questions About Custody Modifications  

Can I Modify Custody Without the Other Parent’s Consent?

• Yes, but you’ll need to prove to the court why the modification is necessary and in the child’s best interests. 

How Long Does the Process Take?

• The timeline varies depending on the complexity of the case and whether mediation resolves the issue. It can take a few months to over a year. 

What If the Other Parent Violates the Current Custody Order?

• If the other parent consistently violates the custody order, this may serve as grounds for modification. Document these violations and consult an attorney. 

Contact Christensen Law Today  

Contact Christensen Law for a consultation and take the first step toward a better future for your family.  

Call Us: (801) 303-5800 

Online Contact Form:  Contact Us

The post Modifying a Custody Order: When and How It’s Possible  appeared first on Christensen Law - Salt Lake City Family Lawyers.

Understanding Your Legal Rights

Fathers have equal rights to mothers under Utah law when it comes to divorce and child custody. This equality aims to ensure that both parents remain active and involved in their children’s lives post-divorce. Here are key areas where fathers’ rights are protected:

1. Custody and Visitation:
   • Legal Custody: Fathers have the right to share in the decision-making process regarding their children’s education, healthcare, and religious upbringing.
   • Physical Custody: Fathers can also seek joint or sole physical custody, which pertains to where the children live on a day-to-day basis.
2. Child Support:
   • Fathers are entitled to either receive or pay child support, depending on the custody arrangement. The amount is calculated based on both parents’ incomes, the number of children, and the custody arrangement.
3. Alimony:
   • Fathers may be eligible to receive alimony depending on the duration of the marriage, their own financial needs, and their spouse’s ability to pay.

Dispelling Myths About Fathers and Divorce

It’s a common misconception that courts favor mothers in custody battles. However, Utah courts focus on the best interests of the child, which can mean equal or primary custody for fathers, depending on the circumstances. Here are a few myths we can dispel:

• Myth: Fathers are always ordered to pay a higher amount of child support.
  • Fact: Child support calculations are gender-neutral and based solely on financial circumstances and custody arrangements.
• Myth: Fathers are less likely to win custody.
  • Fact: The court considers multiple factors, including the father’s relationship with the child, stability, and ability to meet the child’s needs.

Your Rights to Property and Assets

In Utah, marital assets and debts are divided equitably, not necessarily equally, during a divorce. This means the division is based on fairness, which may not always result in a 50/50 split. Fathers have the right to:

• Equitable share of assets like homes, investments, and retirement accounts.
• Fair division of debts accrued during the marriage.
• Retain personal property that was owned prior to the marriage, depending on the prenuptial agreements or other legal considerations.

How to Protect Your Rights

To ensure your rights are protected during a divorce, consider the following steps:

1. Hire a Competent Attorney:
   • Engage a lawyer who specializes in family law and understands the intricacies of fathers’ rights.
2. Document Everything:
   • Keep records of all interactions, expenses related to your children, and any instances that may impact custody discussions.
3. Stay Active in Your Children’s Lives:
   • Demonstrating ongoing involvement and commitment to your children’s welfare can influence custody decisions positively.
4. Be Prepared to Negotiate:
   • Understand what you are willing to compromise on and where you must stand firm, especially regarding your parental rights.

We believe that fathers play a crucial role in their children’s lives, and protecting your rights is essential for your children’s well-being and your peace of mind. If you’re going through a divorce, contact us today to ensure that your rights are safeguarded throughout the process.

The post What are a Father’s Rights During a Divorce in Utah? appeared first on Christensen Law - Salt Lake City Family Lawyers.

Child abandonment is an incredibly sensitive and complex subject for parents. The thought of parting with their cherished children is unimaginable for most. Nonetheless, within the realm of the legal world, child abandonment often arises as a contentious matter in divorce cases and custody disputes.

We frequently hear from concerned mothers and fathers who fear that their estranged partners might resort to baseless allegations of child abandonment to strip them of their parental rights.

Defining Child Abandonment in Utah

Proving child abandonment in Utah is not as straightforward as it may seem, as defined by Utah Code §80-4-302. According to this statute, child abandonment entails intentionally relinquishing physical custody of your child and for six months after not manifesting an intent to resume custody or make arrangements for care.

Abandonment or neglect can also be claimed if a parent fails to provide necessities such as food, shelter, or clothing, declares the intention to abandon the child, or exhibits a lack of genuine interest in resuming physical custody. Case law also supports the notion of abandonment if a parent fails to maintain contact or a relationship with their children for over six months.

The Emotional Impact on Children

However, it’s important to note that child abandonment is not only a legal concern but also a deeply emotional one that can impact the lives of children profoundly. When a child feels abandoned by a parent, it can lead to feelings of insecurity, self-doubt, and even long-lasting emotional trauma.

Prioritizing Children’s Well-being

As such, both parents must recognize the significance of their roles in their children’s lives and strive to maintain a strong and supportive relationship with them. Even in the face of difficult circumstances such as divorce or custody battles, the well-being of the children should always be the top priority.

Mediation and Counseling as a Solution

In some cases, mediation or counseling can be helpful to facilitate communication and cooperation between parents, thereby minimizing the negative impact on the children involved. Parents need to put aside their differences and work together to create a stable and nurturing environment for their children.

Societal Responsibility

Society should also play a role in addressing the issue of child abandonment. By providing support and resources for struggling parents, we can help prevent situations that may lead to abandonment in the first place. This includes access to affordable childcare, parenting classes, and financial assistance for families facing hardships.

Support from Schools and Community

Schools and community organizations can play a vital role in providing a support system for children who may be experiencing family challenges. Creating a safe space where children can express their feelings and receive guidance can make a significant difference in their emotional well-being.

Working Together for Change

Ultimately, addressing the issue of child abandonment requires a collective effort from individuals, families, and communities. By working together and prioritizing the welfare of children, we can help create a society where child abandonment becomes a rare occurrence rather than a troubling reality.

Legal Recourse and Advocacy

In cases where child abandonment allegations surface during legal proceedings, it becomes crucial for affected parents to seek appropriate legal representation.

Engaging a skilled family law attorney who understands the nuances of child custody and abandonment issues can significantly strengthen a parent’s position in court. These legal experts can not only provide guidance but also ensure that the best interests of the child remain at the forefront of any legal decision.

Educating and Raising Awareness

Promoting education and awareness about child abandonment and its potential consequences is vital. Through public campaigns, workshops, and informational resources, we can help parents understand the lasting effects of their actions on their children. By encouraging responsible parenting and fostering a supportive environment, we can reduce the likelihood of child abandonment cases arising in the first place.

Building Strong Support Networks

Establishing robust support networks for parents can alleviate some of the pressures that may contribute to child abandonment situations. Providing accessible counseling services, mentorship programs, and community groups can empower parents with the tools and resources they need to navigate challenging circumstances.

Creating Safe Spaces for Dialogue

In any separation or divorce, communication is key to addressing child custody issues effectively. Facilitating open and respectful communication between parents can lead to more amicable solutions that safeguard the well-being of their children. Mediation services can play a pivotal role in fostering constructive discussions and reaching mutually beneficial agreements.

Child Advocacy and Protection

Above all, we must prioritize the protection and welfare of children in cases of child neglect. Child protection agencies and organizations play a vital role in ensuring that the rights and safety of children are upheld. By collaborating with these entities, we can create a safety net for vulnerable children and intervene when necessary to prevent abandonment and neglect.

Conclusion

While child abandonment may be a legal concept defined by statutes, it is essential to remember that its impact extends far beyond the courtroom. The emotional well-being of children should always be at the forefront of any discussion surrounding this sensitive issue. By fostering open communication, understanding, and empathy among parents and society, we can take significant strides toward minimizing the occurrence of child abandonment and ensuring a brighter and more secure future for all children. Through legal advocacy, education, and strong support systems, we can empower parents to prioritize the best interests of their children and build a society where child abandonment becomes an unthinkable tragedy of the past.

The post Understanding Child Abandonment: How Long Does A Father Have to Be Absent To Lose His Rights in Utah? appeared first on Christensen Law - Salt Lake City Family Lawyers.

In other words, it is unlikely that the court would appoint a special master in your case.

There may be a good reason to have a Special Master in certain custody cases, but for every good reason, there are other reasons to be cautious. Before you agree to appoint a Special Master in a custody case, consult an attorney.

Attorneys who advocate appointing Special Masters often want to give broad powers that make them essentially Court Commissioners who function outside of the court system. Appointing Special Masters can result in waiving certain rights.

Before you agree to a Special Master in your custody case, consider my list of 3 basic reasons not to agree to a Special Master in a custody case:

1. Special Masters can make custody case more expensive, not less.

One reason advanced for use of a Special Master is to avoid the expense of prolonged litigation. However, Special Masters are usually decision makers that you pay out of pocket. They are not people who assist you to resolve issues by agreement. Adding another decision maker into a case will likely make the case more complicated, not less. Utah has a two tier system in metropolitan areas where most matters must first go to a court commissioner before reviewed by a judge. This can result in going to court twice for a motion. If you agree to go to a Special Master first, you may be creating a three tier system where you have to pay a Special Master out of your pocket to consider your dispute first. Then you may want to take it to the commissioner and then the judge.

2. You may be helping your opponent to build a case against you by agreeing to a Special Master.

Even though a Special Master usually functions as a decision maker in a custody case, courts have used them as witnesses as well. Some courts have not only considered a Special Master as a witness in a case but have also considered the testimony of them as an expert testimony in determining the credibility of one of the parties: “After considering the evidence and legal arguments, the district court found that the expert witnesses who all testified that Mother was not cooperative were credible and, conversely, that Mother was not credible.” Wolferts v. Wolferts, 2013 UT App 235, Par. 6.

Witnesses usually testify about what they have heard and seen. But expert witnesses can testify about what they think–they can give an opinion. The use of expert testimony has become a well developed and recognized evidentiary procedure. The use of a Special Master as an expert witness poses several potential problems, however.

First, a Special Master is not bound by the rules of evidence in reaching his or her opinions. Those opinions could be based on who pays him or her or on hearsay evidence that is not reliable. Second, the Special Master may have added credibility with the court because both parties have agreed to use him or her. Therefore a Master appears to the court to be a neutral, disinterested witness who carries additional weight. If you engage a Special Master, you take the risk that they will use his or her influence to sway the court’s determination against you based on unreliable information and opinions.

3. You may be waiving rights to appeal a decision of a Special Masters in your agreement.

One reason advanced for use of a Special Master is to avoid going to court. However, courts provide you with constitutional protections. You should only agree to give up those constitutional protections if you know what the decision is going to be or if you are comfortable with the possible outcomes that a Master could reach.

You might give up the right to appeal the decision of a Special Master. This could happen because a court typically will not look to see if the Special Master made the right decision; just whether the agreement authorized the action by the Special Master. Because the role of a Special Master is based upon an agreement, the court is likely to enforce the agreement. On the other hand, if the decision were left to the court, you can generally appeal a decision. This would happen because the judge abused their discretion or because they did not follow the law.

The post 3 Reasons Against Giving A Special Master Broad Powers In A Custody Case appeared first on Christensen Law - Salt Lake City Family Lawyers.

1. Decision-Making Authority
2. One key component to a custody order will be who makes decisions. Typically the parent who has the child will decide what the child does with his or her time. Primary custodial parents, the ones who have the children most, usually get to decide issues that require continuity, such as what school to attend, the child’s doctor, whether to get braces, and extracurricular activities. Joint decision-making can be problematic, but some parents make it work. Specify who will make decisions and what communication the parents will have about these decisions.
3. Coparenting
4. A parenting plan is required for joint custody orders. However, even in a sole custody order, there should be a provision for sharing information about the children. Both parents should know the child’s teachers, doctors, dentists, and other important people so that each parent has access to important information about their child. In a joint custody parenting plan, the parties should provide who will make what decisions when. The order should also describe what part each parent will play in parenting and decision-making and the process the parties will use to resolve disputes.
5. Parent-Time Schedule
6. Parent-time schedules should be very exact so that nobody can disagree about each parent’s days and overnights with the children during the school year, for holidays, and the summer. These schedules can be changed by oral agreement, but a fallback plan avoids disputes.
7. Surrogate Care
8. If the parties live reasonably close together, the order should specify when the parties will have the other parent care for the children in their absence and when they will use surrogate care. This is particularly helpful if the children are small and cannot be left alone and the other parent is available and willing to be a care provider. Specify the circumstances in which parental care will be used and the method of notification of a need for care, the transportation of the care.
9. Transportation for exchanges
10. Specify who must transport the child and how the exchanges will occur. A simple solution that works in most circumstances is for the receiving parent—the one whose parent-time is starting—to pick up the children at the other parent’s house. For long distances, consider meeting each other halfway or sharing the cost.
11. School
12. Specify which parent’s neighborhood school the children will attend. When parents do not live within the same school boundaries, usually, the children will attend the school in the neighborhood of the parent who has the children the majority of the time. This should not be an inflexible assignment of a specific school because circumstances may change.
13. Extracurricular Activities
14. Unless the parties specify otherwise in the custody order, the court will require the custodial parent to cover things like piano lessons, sports teams, and school activities that he or she signs the children up for. The custodial parent generally will have the final say as to what extracurricular activities the child participates in. However, the activities cannot conflict with the other parent’s parent time without his or her agreement. The order is a good place to specify how extracurricular activities will be handled.
15. Child Support
16. Custody orders must provide for the non-custodial parent to pay Child support. Child Support orders should follow the statutory guidelines. If they do, there will be automatic adjustments when a child is emancipated, when a child has an extended stay with the other parent, or when there is a modification of sole custody. The order needs to establish a baseline for child support by stating the incomes of each party to use in calculating child support.
17. Medical Insurance and Expenses
18. Utah law requires that the order provides for a parent to cover the children with insurance if available at a reasonable cost. U.C.A. Section 78B-12-212. The order must also provide that both parents are equally responsible for uncovered medical expenses. For reimbursement from the other parent, the order should state that the parent incurring the bill for the child should provide proof of payment within 30 days to the other parent and the reimbursing parent should make payment within 30 days of notice.
19. Child Care
20. Utah law requires the parents to share work-related child care equally. U.C.A. Section 78B-12-214. For reimbursement from the other parent, the order should state that the parent incurring the bill for the child should provide proof of payment within 30 days to the other parent and the reimbursing parent should make payment within 30 days of notice.
21. Tax Exemptions
22. The custody order should specify who will claim the children as dependents for tax purposes. Some parents alternate years in which they take the exemption. If you want to have an option to purchase the tax exemptions from the other parent because one parent will benefit more from claiming the child, specify dates for this election and dates for the exchange of information. Also, indicate who will pay for the cost of determining what amount to pay to purchase the exemption.
23. Relocation
24. Utah law requires notice of relocation of more than 150 miles from the other parent 60 days before a relocation if possible so that the parties have time to get a new parent-time order. See U.C.A. Section 30-3-37. A custody order should include this provision unless the parties agree to a different way of handling relocation. If different than the statute, the parties should describe in the order what will happen if there is a relocation of over 150 miles from the other parent.

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