This form, a Decree and Judgement of Divorce - Minor and Adult Children, is for use in Utah divorce cases. Available in Word or pdf format.
Utah Decree and Judgment of Divorce - Minor and Adult Children
Category:
State:
Utah
Control #:
UT-820D
Format:
Word;
Rich Text
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FAQ
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.
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."
In the state of Utah, married fathers are automatically given parental rights on the birth of their children, provided a court has not decided otherwise. An unmarried father must go through the process of proving his paternity before he can ask the court to grant him visitation rights with the child.
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.
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.
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.
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.
Determining the Best Interest of a Child Courts look at the bond between child and parent when evaluating child custody options.This includes living arrangements, school or child care routines, and access to extended family members. Family court judges prefer not to disrupt a child's routine when possible.