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
When I first started to pursue my case, Jonathan Porter was the only attorney I called (out of about 15) that would entertain it. He and his staff have been absolutely incredible to work with. Jonathan made me feel heard when everyone else wouldn’t even listen. I can’t recommend Porter Law Firm enough!
Brianna Davey
February 23, 2025Jonathan 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, 2024Everyone in the office were so kind and helpful during my divorce. They are all very compassionate and competent and made the divorce process and court appearances easier and understandable.
Brandallyn Potter
March 23, 2024Jonathan and his team are amazing. They helped me with my case. They were very professional and when I had a question they were quick to respond. I would definitely recommend them
Eder Nogueron
July 23, 2024Jon was very professional and handle my sensitive custody case. He got a good out come and I was very pleased with how well he handled all the punches my exs lawyer through out. I would recommend Jon over and over again. We have now been using him for 4 almost 5 years for my custody stuff and now my husband. I will always recommend him.
Tiena Hockin
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!
Megan W
March 23, 2023My 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, 2023Porter Law was amazing! Helped me with some custody stuff and actually had my back. Jon and his staff are fantastic!
Cody Vine
July 23, 2024Divorce case - I was in a hard spot with a firm that wasn't advocating for me and had already taken a huge chunk of my savings and equity from selling my marital home. I was heartbroken. I sent out a handful of new "contact us online" to different firms in Utah, and Jonathon Porter reached out to me almost instantly and we set up an in-person meeting. Less than a month after retaining Porter Law I already feel I am in better hands. I see the holes that were left open by my previous firm, and where Porter Law is picking up the pieces. They have been more proactive than the large firm I signed with from May - September. I wish I would have started here and saved my heartache and pocketbook from the beginning. If you are in a similar position, looking for new representation I highly suggest speaking with Jonathon. Even though my case is not complete, I truly look forward to working with Porter Law to until we are able to close this chapter. 12/26/2024 - UPDATE: From October when I first met with Porter Law I asked if we could get this done by the holidays and today I open up my email to see my divorce is FINAL and everything has concluded. I am so grateful to Porter Law and their diligence and communication that they had with me. My case wasn't rocket science, but felt like so from the other party. Jonathon and his staff kept things upbeat and positive and they got it done! Thank you Porter Law, you truly were a blessing during this time and I really wish I would have found you sooner!
Kindel P
January 23, 2025Jonathan was very thorough in helping me with my divorce. I had a pretty complex situation but he was planned and prepared every step of the way. We were able to come to a resolution without a trial and he had everything drafted and prepared at our pre trial scheduling conference. He had my back the whole way and I’m truly grateful for him and his fantastic paralegal, Stephanie. She was always very quick to get back to me with any questions I had. I would highly recommend Jonathan to any and everyone going through a divorce. I’m so thankful I had him and Stephanie through the process.
Chelsey Olsen
March 23, 2024
