Tuesday, March 9, 2010

Utah Parental Rights

Divorce is often an emotionally exhausting experience, especially when there are children involved. The child is equally cherished by both parents and both have certain rights and responsibilities towards the well being of their children. Each state has different laws about parental rights and Utah parental rights are in favor of what is typically best for the child.

Traditionally, in divorce cases involving child custody, mothers were clearly in the favorable position where the children were concerned. But now Utah parental rights acknowledge the significance of a father’s involvement in the healthy development of a child. Fathers can also receive sole custody as mothers can and mothers can also be made to child support just as fathers do. The person who has custody of the child has all the rights and responsibilities of raising the child, making decisions and providing daily care for the child.

Parenting is a serious responsibility and no one can argue that one parent has more rights than the other. Utah parental rights are decided by courts that are fully cognizant of this fact. It is the child’s right to have both parents involved in their lives and to get the support of the two people they love most. Ensure that the divorce happens between the spouses only, and not with the children. This is possibly the most difficult thing to do in a divorce. Even the most amicable of divorces find ex spouses struggling with doing what is best for the child and exercising their parental rights judiciously, always keeping the child’s best interests at heart.

Thursday, March 4, 2010

Utah Father Rights

Men are often concerned about their rights as a father when getting divorced. Traditionally, mothers have been regarded as the primary care takers of the children and they usually spend more time with them and are in involved in extensive parenting. Many divorced couples find themselves unable to reach an agreement about children.

Utah father rights are taken seriously by your divorce lawyer, you have certain legal rights and obligations towards your children whether you are already a father or you are about to become one. Utah father rights include visitation, custody of the child and notice if the child is put up for adoption. Spouses have the freedom to work together and schedule the most feasible visitation and custody arrangement by themselves. Your obligations typically include supporting the child financially.

After a divorce, an unfortunate situation often ensues where fathers are often at the mercy of their ex-spouses or the courts in enforcing their natural rights to be with their children. Fathers are allowed unique rights in different family courts of every state. Family Law is highly complex, technical, and even emotional. Operating in the family law system, all the while struggling to come to terms with your own emotions can be devastating. This is why the help of a qualified divorce lawyer is so important.

Utah father rights for an unmarried father can be established with the help of an experienced attorney who will help you file for paternity and represent you in any child support order that you may have received.

Custody Laws in Utah

The residency requirement for getting a divorce in Utah, if there are children involved is that the children must have resided in the state for a minimum of six months. Utah custody laws help determine several important factors regarding the ongoing care and responsibilities towards the children who are involved in a divorce of the parents. The mother or the father can receive custody of the child. Utah custody decision will always be made after considering what is in the best interest of the child. In most cases, joint custody seems to be the best option and Utah custody laws allow for that. But sole custody can also be awarded to just one parent.

Joint custody allows both the father and mother to be significant parts of their children’s lives, and they can also make important decisions regarding the manner of upbringing, religion, education and physical and mental health of the children. Utah custody laws allow the custody decision to be modified at a later date if required. A Utah custody which gives one parent the sole custody of the child gives the right to the custodial parent to be the sole decision maker in all important aspects of the child’s life. The non custodial parent does not have a say in any decisions so made.

Court decisions on matters regarding custody used to be gender biased and mothers were seen as the preferred parent to be given custody of the child, but now the Utah custody decisions are made just by looking at who is more eligible to receive custody of the child.