MYTH: “If He’s Not on the Birth Certificate, He Can’t Get Custody.”
A lot of people believe that if the biological father is not on the birth certificate that the father is then completely prevented from getting custody. This is not true. The potential biological father can claim that he’s the father and, assuming there’s reasonable evidence to suggest that he could potentially be the father, the court could order the child and potential father to submit to a paternity test. If your child is ordered to take a paternity test by the court, you will have to allow the test to take place. Assuming the man claiming to be the father really is the father, he would have rights to the child, along with obligations such as child support. The extent of those rights would vary on a case-by-case basis as custody disputes can be extremely fact-specific. The point remains, however, that simply not signing a birth certificate does not mean that the biological father cannot ever obtain rights to the child. Though the biological father may have to prove he is the father, he would almost certainly have some rights to the child after paternity has been established.
MYTH: “I’m on the Birth Certificate, Therefore I Have Rights.”
Separating Custody Fact From Fiction
Custody is surrounded by myths that can cause parents real anxiety and lead to poor decisions. Believing the wrong thing can make you give up rights you actually have or fight for things the law does not support. Clearing up a few common misconceptions helps you approach custody with realistic expectations.
Myths Worth Letting Go
- That mothers always get custody. Utah courts decide on the child’s best interests, not the parent’s gender.
- That children get to pick which parent they live with. A mature child’s preference is considered, but it does not control.
- That refusing to pay support lets you deny parent-time, or the reverse. Support and parent-time are separate obligations.
- That custody orders are permanent. They can be modified when circumstances change substantially.
- That you must go to trial. Many families settle custody through agreement or mediation.
Knowing the truth puts you in a far stronger position.
Get Advice Based on Your Facts
Every family is different, and general myths are no substitute for advice about your actual situation. A child custody attorney can tell you how the law applies to your case. Contact our team to get clear answers.
Frequently Asked Questions
Do mothers automatically get custody in Utah?
No. Utah courts decide based on the child’s best interests, not the gender of the parent.
Can my custody order be changed later?
Yes. Custody orders can be modified when there is a substantial change in circumstances affecting the child’s best interests.
Similarly, simply being on the birth certificate does not automatically give you rights to the child. If you are an unmarried expecting father, and you are not currently in a relationship with the child’s mother, you may want to consider speaking with an attorney who’s licensed in your state so that you understand what you need to do in order to protect your rights, assuming you want to be involved in the child’s life. In some states, it’s not enough to simply sign the birth certificate and a voluntary acknowledgement of paternity. Biological mothers may face the same problems: if a formal custody arrangement was never established by the court, it may not matter that the birth certificate says you’re the child’s biological mother, especially if you’ve been uninvolved for a significant amount of time.
MYTH: Child Abusers Can’t Get Custody
The harsh reality is that child abusers, along with many variations of unfit parents, can and often do get custody of the children. If you have children with a person who is abusive or otherwise poses a danger to your children, it is important to consult with an attorney who’s licensed in your area and who can give you advice based on the facts of your case. This may be necessary to keep you and your family safe. If you suspect abuse, but you do not have any evidence that the abuse has occurred, it may be in your best interests to speak with an attorney who’s licensed in your state before you act. There is a lot of advice online regarding child abuse and family law. If this is a matter you’re dealing with, it is important that you’re only following high-quality advice from a credible source.
MYTH: You Can Deny Visitation if Your Child will be Unsafe
If there is a custody order in place, you are expected to follow it. When the custody order dictates that your spouse has parent-time on certain days, they are legally entitled to that time. Consistent failure to send the child to their other parent’s house may make you look bad in court, regardless of your reasoning for denying visitation. If you have not sought judicial intervention, you may be held in contempt for failure to follow the court’s order. You may even be charged criminally for custodial interference. Some parents alienate their children by alleging abuse, using the abuse as an excuse not to follow custody orders. Courts attempt to circumvent this behavior by expecting parents to consistently follow custody orders until there’s enough evidence to demonstrate that the child is genuinely in danger when they’re in the ex’s care. If you have reason to believe your child will not be safe at your ex’s house, you will need to speak with a licensed attorney in your area as soon as you possibly can in order to protect your child. An attorney can help you collect evidence as well as giving you solid advice on protecting your child from abuse/neglect without interfering with a custody order.
MYTH: You Can Just Go Back for More Custody
While custody orders can certainly be changed, there’s no guarantee that they will be changed, especially if there’s no reason to change the order. Judges do not typically want to do anything that will change a child’s consistent routine since stability is so important to children when the child is thriving; when a child is thriving in their current routine, judges may be even less likely to make changes. If you’re going through a divorce, the time to request the maximum amount of custody is now, not next year. It may be a good idea to consult with your attorney regarding reasonable custody expectations, as you would not want to squander resources attempting to get an unreasonable amount of custody.
When You Need Legal Advice
When it comes to custody battles, it’s important to have quality legal advice, especially if you’re dealing with complex issues such as alienation, paternity, and child abuse. If you’re going through a custody battle, CoilLaw is here for you. Contact us today to set up your initial consultation.
