A Findings of Fact, Conclusions of Law form is used by the Court to enter its findings regarding the parties' request to grant the Decree of Divorce. This form is used when the parties have children born of the marriage.
Utah Findings of Fact and Conclusions of Law - With Minor Children
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State:
Utah
Control #:
UT-828D
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Word;
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How to fill out Utah Findings Of Fact And Conclusions Of Law - With Minor Children?
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2. Primary Custody Falls to the Mother. No matter how fit the father is, in Utah the unmarried mother gains a natural right to custody after the child is born. As a result, she has legal control over the child and her rights are superior not only to the father's, but also to any other person.
Utah family courts, like those in most states, determine child custody matters using the best interests of the child. The factors considered by the judge include:Physical, psychological, and emotional needs of the child. Both parent's ability to reach shared decisions for the child and prioritize the child's welfare.
Evidence of parenting ability: Courts look for evidence that the parent requesting custody is genuinely able to meet the child's physical and emotional needs, including food, shelter, clothing, medical care, education, emotional support, and parental guidance.
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.
Best Interests of the Child Factors in UtahUtah family courts must consider several factors when deciding child custody in Utah, including: the child's physical and emotional needs. the child's relationship with each parent. the distance between the parents' residences.
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.
What exactly is an unfit parent? The legal definition of an unfit parent is when the parent through their conduct fails to provide proper guidance, care, or support. Also, if there is abuse, neglect, or substance abuse issues, that parent will be deemed unfit.
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.
Providing evidence implicating them of sexual exploitation or abuse of the child. Providing evidence that they were convicted of a felony and how this shows their incapability to look after a child.