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
At 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, 2023Jonathan 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, 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, 2024Our journey began shortly after I returned from the last deployment of my career. I learn that my children had been moved across the country and I was being told I could only see them on/around summer break and winter breaks. This was alarming given that I was court ordered the majority custody of my children. After one hearing with Porter Law Firm my children were returned into my custody. Unfortunately, what seemed to be a simple enforcement issue, became a bit of a living nightmare. I started working initially with Cassidy, who is a really amazing and caring person, but shortly thereafter worked mostly with Stephanie and Jon directly. Stephanie has been nothing short of phenomenal, there have been too many instances in which I have needed her and Jon's expert advice, and albeit this moderately simple enforcement case became quite complex in the blink of an eye. With that being said, given the complexity, Stephanie and Jon are great at providing quick and accurate answers to the many questions I have had. We are nearing what I hope to be the conclusion of this ordeal and regardless of the outcome, I have felt that they have been there for me when I needed them the most. To be a little more descriptive, there have been many conversations derived by a lot of emotions, (and admittedly I can be a bit long winded) yet each time I am in contact with them it really feels like they are hearing me as more than that of a client, but as a person. While it has been difficult to process that sometimes things take longer than what I would hope they did, I can say that after working with Porter Law-Firm for well over a year, I am grateful for all they have done to help!
Michael Carfaro
August 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, 2025Jonathan & Stephanie have been so AMAZINGLY good to me & my family. So kind hearted & very patient, their communication is great. Very kindhearted & gets the business done. I am truly honored. THANK YOU!
Gina Barnes
November 23, 2024Jonathan and Cassidy were amazing to work with! Both are extremely professional and kind. I truly felt like they cared about me as more than just their client. I can't begin to express how grateful I am for their guidance in a difficult point in my life. I hope to never go through this process again, but if it were to happen, there is no one else I would trust. HIGHLY recommend!
Allison Shaffer
September 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 is of great help. Great attorney.
Wayne Higgs
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, 2024