Fathers Rights – Protect Your Rights as a Father

Happy Father Son - Utah Divorce Attorney for Men

Fathers are an important and essential part of a child’s emotional development and overall well-being.

Experts agree that children are best served when shared parenting occurs and children experience emotional, physical, and financial support of both of their parents.  No matter what the experts say, children want to have both parents involved in their lives.

In divorce proceedings, Utah law requires that both the father and the mother are treated in the same way; many people believe that despite what the law says, there is favoritism toward women in Utah Family Law cases when divorce or decisions related to divorce are decided.

The Law Offices of Wall & Wall will help you create a resolution that results in the fair and equitable enforcement of your rights as a loving father.

Protect Your Fathers Rights in Utah. Contact Wall & Wall Attorneys at Law Today!

Fathers Rights and Making Decisions About Your Children

Fathers have a legal right to participate in making decisions about their children. However, the extent of this right depends on the laws of the specific jurisdiction and the custody arrangement in place.

In general, fathers who are married to the mother of their children at the time of birth have equal rights and responsibilities as parents. They may make decisions about the child’s education, healthcare, religious upbringing, and other important matters.
For fathers who are not married to the mother of their children, the situation may be more complicated. In some cases, the father may have to establish paternity before he can assert his rights to make decisions. Once paternity is established, the father may be able to seek joint legal custody with the mother, which means they will both have equal roles in making decisions.

It is important to note that fathers’ rights can be impacted by factors such as domestic violence, child abuse, or substance abuse. In these cases, a court may limit a father’s decision-making authority or even revoke his parental rights altogether.

Overall, fathers have an important role to play in their children’s lives, and they have the right to participate in decision-making about their well-being. If you are a father seeking to establish your rights, it is important to consult with an experienced family law attorney who can guide you through the legal process.

Protecting Custody Rights for Fathers in Utah

Your father’s rights continue even after a divorce is settled.

A divorced father has the right to request or contest a modification to a divorce settlement agreement, such as to petition the court for a parental relocation if you get remarried or have to move because of business.  We can help you seek adjustments to spousal support and child support if you lose your job, or if you have been seriously injured, or if you face other circumstances that have negatively affected your income.

Father’s Rights Relating to Paternity Actions and Establishment

Establishing paternity is the first step in protecting your father’s rights.


It is usually fathers who pay child support, so it is important that paternity has been established.  Utah has very strict laws that are required for a father to establish paternityIf a man does not follow these laws, he may lose his ability to assert his right of fatherhood.  If a father is listed on the birth certificate, or even if a father undergoes a DNA test, he does not automatically achieve legal status as father.  If paternity is contested, a man must go to court and have an Order that declares he is the father, which is accomplished through a Paternity Action, and is also called an Action for Parentage.

If you are interested in learning more about child support and paternity, contact a family attorney at the Attorneys of Wall & Wall for more information.

FAQ About Father’s Rights in Utah

Unwed parents and unmarried fathers in particular have to take action to ensure that their rights are acknowledged by establishing paternity; which often includes DNA testing or signing a Voluntary Declaration of Paternity. If a child is born in marriage but is believed to be fathered through an affair, the situation can get complicated. The husband will usually be assumed to be the father, but the biological father can assert his parental rights as well.

Unwed parents and unmarried fathers in particular have to take action to ensure that their rights are acknowledged by establishing paternity; which often includes DNA testing or signing a Voluntary Declaration of Paternity.

Asserting parental rights after the birth certificate is issued, especially if the listed father is presumed to be the husband, can give the biological father rights as well. In some cases, a judge can order that the biological father’s name be added to the birth certificate and, before the child is six years old, the child’s last name may be ordered changed on the birth certificate as well.

One important right is the right to ask for genetic testing to determine if he is indeed the father. This is only available after birth. Otherwise, the father has the right to share custody, parenting, and decisionmaking concerning the newborn child. When you are concerned and asking yourself “is there a fathers rights attorney near me?” It’s time to contact us.

Father’s rights allow the man to provide support for his child including emotional, financial and physical care. They allow the man to serve as an equal parent in the child’s life and share parenting responsibilities with the child’s mother. Without father’s rights, the man’s role in the child’s life may be a matter of the mother’s choice.

  • One night during weekdays for the non-custodial parent
  • Time on the parent’s and child’s birthdays.
  • Family holidays for the non-custodial parent
  • Parent time for national holidays
  • Extension of parent time during school breaks
  • Alternating weekends for both parents
  • Virtual parent time and telephone visits

In Utah, paternity unlocks a set of rights and responsibilities for the father which are established by law. These rights can help the father handle difficult situations such as parenting rights, making decisions in the child’s life, even moving out of state. Consult our best father’s rights attorney in SLC to examine your situation.

Signing a Voluntary Declaration of Paternity or petitioning the court will establish paternity in Utah. As our fathers rights attorney in Utah will explain, DNA testing can provide proof of paternity.

Utah House Bill #88 became law in 2012. Under the new law, the court is prohibited from discriminating in divorce cases against either parent on the basis of race, gender, age, national origin, age, or religion. The law states that the best interests of the child in the case are the priority of the state court. The law serves to balance the value of the two parties to the custody dispute and acknowledges the essential role of the father in a child’s life to serve the overall best interests of the child.

Yes, and it gives the child and mother rights as well. The father will gain the right to be involved in the child’s life and provide for the child. Our Utah Fathers rights lawyer has extensive experience in considering what these rights and responsibilities mean to you.

In order to gain rights as a father and to provide certain legal rights to the child, a man can sign an acknowledgment of paternity, known as a Voluntary Declaration of Paternity in Utah. Our SLC fathers rights lawyers can guide you through this important decision, which may provide rights to the mother.

Utah law, in addressing spousal support or alimony, addresses the roles of paying and receiving spouses neutrally. Our Utah father’s rights lawyer can help you understand the practical issues involved.

Just as the father can receive spousal support or alimony if he is the custodial parent he may be entitled to child support from the other parent as well.

All parents make mistakes, and as hard as they may try to avoid it, some of those mistakes are naturally going to affect their children. But, there are some kinds of mistakes that parents cannot afford to make during a divorce case. These are some of the types of mistakes that can impact child custody and child support decisions and lead to court orders severely restricting or prohibiting a parent from participating in his or her child’s life:

  • Possessing, using, or selling drugs illegally
  • Illegal behavior of any kind
  • Moving out of the house that the children live in
  • Leaving a child in a bad situation
  • Slandering the other parent on social media
  • Failing to keep a good job
  • Having a dysfunctional home
  • Trying to undermine the other parent to the children
  • Failing to stand up for their children’s rights

Visitation rights refer to the legal rights a father has to spend time with his child after a separation or divorce. It allows the father to maintain a relationship with his child and play an active role in their life. Visitation rights can be agreed upon by the parents or ordered by a court. It could include scheduled visits, holidays, vacations, and other arrangements. Our Utah fathers rights lawyers can help you understand visitation rights and work towards a favorable agreement that suits the best interests of the child and the father.

No, fathers are not automatically granted visitation rights. Both mothers and fathers have to go through a legal process to obtain visitation rights. In most cases, visitation rights are granted when both parents agree on a visitation schedule or if the court deems it to be in the best interests of the child.

Why Choose the Fathers Rights Lawyers at Wall & Wall Attorneys at Law PC?

We are trusted and experienced in helping men through difficult divorces.

To protect your rights as a father in a divorce case, you should only sign documents during divorce proceedings until they have been thoroughly examined by your attorney. If you are in mediation and need such clarification, ask your mediator to provide you with a Memorandum of Understanding. Review it with your fathers’ rights lawyer before you sign it.

For questions about divorce, child custody, child support, and other fathers’ rights issues, call Wall & Wall Attorneys at Law, P.C., Salt Lake City UT at (801) 441-2388, or contact us online.