Father’s Rights in Divorce
Father’s Rights in Divorce in Utah
Fathers play an essential role in their children’s lives, and divorce should not change that. In Utah, fathers have equal legal rights in custody, child support, and decision-making for their children. However, ensuring these rights are fully recognized often requires legal advocacy, especially when navigating custody battles, parenting time, and support obligations.
At Porter Law Firm, we are committed to protecting fathers’ rights and ensuring that they have fair and meaningful involvement in their children’s lives after divorce.


Key Legal Rights for Fathers in Utah Divorce Cases
- Equal Custody Consideration – Utah law does not favor mothers over fathers in custody decisions. Courts decide based on the child’s best interests, and fathers have the same opportunity to seek joint or sole custody.
- Parental Decision-Making – Fathers have the right to be involved in education, medical care, and religious upbringing decisions for their children. Joint legal custody ensures both parents participate in major life choices.
- Fair Child Support Obligations – Fathers should only pay reasonable child support based on their income and parenting time. Support calculations should be fair and based on both parents’ financial situations.
- Protection from Parental Alienation – If a mother attempts to interfere with a father’s relationship with the child, the court can step in to enforce custody orders and protect the father’s parental rights.
How Utah Courts Determine Father’s Custody Rights
Utah courts determine custody based on the best interests of the child. While both parents are considered equally, the court examines factors such as:
- Each parent’s ability to provide a stable home
- The child’s relationship with both parents
- The willingness of each parent to cooperate in co-parenting
- Any history of domestic violence or substance abuse
- The child’s preference (if they are 14 years or older)
Fathers who actively participate in their children’s lives and demonstrate a strong commitment to parenting have a greater chance of securing favorable custody arrangements.

FAQs
Do fathers have the same custody rights as mothers?
Yes, Utah law treats both parents equally, and courts award custody based on the child’s best interests rather than gender.
Can a mother deny a father visitation?
No, unless there is a court order restricting visitation, both parents have the legal right to time with their children. If visitation is denied, the father can seek enforcement through the court.
Can a father receive child support?
Yes, if the father is the primary custodial parent, he may be entitled to receive child support from the mother.
Learn from the Experts
Our Blog
How Fathers Can Protect Their Custody Rights in Utah Divorce Cases
Understandig Parental Alienation and How to Fight Back
Child Support for Fathers: What You Need to Know
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Brandallyn Potter
March 23, 2024Jonathan is of great help. Great attorney.
Wayne Higgs
March 23, 2024Was an amazing help, answered all my questions and concerns very quickly and easy to understand!
harli trussell
February 23, 2025Jonathan Porter is very caring in how he handles a case. He understands what you are going through while validating your feelings on the matter. I highly recommend going through Porter Law Firm.
Sabrina Carver
October 23, 2024Jonathan and Cassidy are so amazing. They helped me out so much going through my divorce. I went through a divorce for almost 6 years. I used 2 previous lawyers that were terrible and I wish I hadn't ever used. I found Porter Law Firm and they were so awesome to work with. They were able to navigate my case and get it completely done where others couldn't come close. I was always able to reach someone about issues or questions I needed answers to. They respond super quickly which was great because things change from day to day specially in a messy divorce. I recommend Porter Law Firm to everyone for any of your Law needs.
Dustin Porter
March 23, 2024Jonathan and his paralegal Cassidy were very helpful to me in my post divorce legal proceedings. They were knowledgeable, responsive, and fought hard for me. I highly recommend Jonathan.
Amanda Jane
March 23, 2024Jonathan Porter and his paralegal Cassidy are fantastic. They walked me through a messy divorce process and I felt had mine and my kids best interests at heart. I recommend them to anyone who needs a divorce attorney but especially if you have kid’s involved.
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March 23, 2024Having to Use a Lawyer is not always my Favorite thing to do, However Porter Law Firm hands down made everything so much less stressful!, Life long Customer here!!
Ryan Westwood
March 23, 2024Jonathan and his team are seriously amazing! Jon has represented me in a few different legal matters over the years and I couldn't be more pleased every time. If you need an attorney that actually cares, communicates with you, fights for you and makes sure you understand everything that is going on- Jon literally is the best!
Amber VanDerWoude
December 23, 2024Highly Highly Highly Recommend!! Porter Law Firm is a first class office that is all in for their client from the time you first step foot into their office until your case is closed. Jon, Stephanie and Cassidy were very responsive (text, email or call) anytime I reached out which was critical during these stressing times/case. If you’re looking for a Divorce lawyer that truly cares about you and your needs, look no further. Fingers crossed that I never need them again, but if I do, my first call will always be to the Porter Law Firm. Thank you, Jon and team!!
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November 23, 2024