This form is for use in Utah divorce proceedings, a Decree of Dissolution of Marriage. Available in Word format.
This form is for use in Utah divorce proceedings, a Decree of Dissolution of Marriage. Available in Word format.
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While Utah law does not formally recognize such a thing as parental alienation, Utah law does not allow divorced or unmarried parents to treat mistreat each other (or their children) with impunity.
It's important to understand that just because the law permits a child to express an opinion doesn't mean the judge has to follow the child's preference. Children can't choose where to live until they are 18 years old.
When Can You Terminate Parental Rights in Utah?The courts may deem a parent unfit if there is evidence that the parent: Has a mental illness, mental deficiency, or emotional illness that would prevent them from caring for the child's physical and emotional needs, both in the short-term and into the future.
If the child is 12 or older, the judge may consider the wishes of the child. The judge may consider the wishes of the child as long as the judge determines that the child is "of sufficient age and capacity."
The court will consider the child's wishes to the extent that the child is sufficiently mature to express reasoned and independent preferences as to the parenting time schedule. Usually the court will not consider child's preference unless the child is at least 14 years old.
No matter how fit the father is, in Utah the unmarried mother gains a natural right to custody after the child is born.If his name is on the birth certificate, he will be automatically recognized as the child's legal parent and have as much legal claim in courts as the mother.
Parental alienation can get so bad in some instances that it can be considered abuse and could be dealt with criminally.Family law acts in several provinces have been amended to give credence to the effects parental alienation has on children.
Here in Utah a child is never given the choice to choose with whom they want to live. In other words a child does not get to or better said they don't have to choose between their parents, the parents decide. And if they can't decide you can have the court decide this for you.