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
My fiance and I came to Jonathan Porter so he could get divorced from his prior marriage. They were very friendly, helpful, and reasonably priced. We were able to have the divorce final within a few months. We are very satisfied and highly recommend.
Jessica Fowler
March 23, 2023Jonathan was fantastic to work with, he was professional, and so quick responding to any questions that I had!!! Thank you for everything you literally changed my life!!!!!
jared love
March 23, 2024Always quick to answer questions.
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February 23, 2025I highly recommend Jonathan Porter and his team, Cassidy and Stephanie to everyone who unfortunately see’s themselves faced with Divorce or Child Custody issues. My Fiancé Has been going through a very complex divorce/custody battle since 2021. We previously hired 2 other attorneys in the area that we regret greatly. Jon has been amazing and truly cares about his clients! He will absolutely fight for you and your rights as a parent.
Seana Grattan
April 23, 2024I found Jonathan and his paralegal Cassidy while needing help correcting custody issues with my children. They both stepped into a situation that for me has been emotionally exhausting and they have been nothing more than amazing. They are both compassionate and caring while understanding the need for legal fairness and action. They have been very patient when I have anxiously reached out for reassurance or when I've asked a thousand questions. I was very impressed by the professional and respectful way they interacted with the mother of my children despite knowing the turbulent history of things. I have also been impressed by their concern for my children. Needing a lawyer is always difficult, but Jonathan and Cassidy have been an incredible asset and their help has been invaluable.
Ryan Uhrey
March 23, 2024At the recommendation of many women in a similar situation, I called Porter Law Firm. The consultation with Jonathan was my second (the first with a different firm). I was so glad I made the choice to go with them. Both Jonathan and his paralegal Cassidy made sure I always knew what was going on with my divorce/custody case and showed that they cared. They did a great job answering my questions and working with my requests. I hope I never have to use them again, but if I do, I know where I’m going! Heartfelt thanks to Porter Law Firm!
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March 23, 2023Was an amazing help, answered all my questions and concerns very quickly and easy to understand!
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February 23, 2025Mr. Porter is great at what he does. He was happy to spend some extra time with me to clarify what sections of my stipulation actually meant so I had nothing to stress over. He is trustworthy and just a good dude. I could feel a genuine intention of him actually wanting to help and not just trying to sell me on being his lawyer. I highly recommend him if you are on the search. The reception desk was also extremely friendly and helpful.
Dr Doofenshmirtz
March 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!!
NICHOLAS SADY
November 23, 2024He has been helpful and was quick to accept our case and last minute as well. We had a lot of history prior to working with him and he wasted no time catching himself up. His help really gave us hope when things felt hard. He is understanding and he and his team has been great to work with.
Bre Samek
February 23, 2025
