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Primary Custody Falls to the Mother No matter how fit the father is, in Utah the unmarried mother gains a natural right to custody after the child is born. As a result, she has legal control over the child and her rights are superior not only to the father's, but also to any other person.
Utah custodial parents cannot just pack up and move out of state; rather they must obtain permission from their child's noncustodial parent or the court.
We are often contacted by parents asking at what age children can decide for themselves where they will live after a divorce or separation. There are lots of articles on the internet about this, and a good number suggest that at a certain age e.g. 10, 12 or 16, a child can make their own decision. This is not the case.
In law, there is no fixed age that determines when a child can express a preference as to where they want to live. However, legally, a child cannot decide who they want to live with until they are 16 years old. Once a child reaches the age of 16, they are legally allowed to choose which parent to live with.
The law allows the mother, child, father or State of Utah to legally establish that a man is the father of a child. When this occurs, the child's paternity has been established. "Paternity establishment" gives unmarried parents all of the same rights and duties that married parents have when a child is born.
Usually the court will not consider child's preference unless the child is at least 14 years old.
Ultimately, while Utah law says at the age of 14 the court may consider preferences of the children, the courts, attorneys, and other mental health professionals helping parents and children going through divorce, all agree it's never good to put the children in the middle.
A child can decide to live with either parent in Utah is age 14 years old. Typically the family court believes a child's wishes are sufficiently mature to express their preference by 14 on which parent they choose to live.
At what age can a child decide? In law, there is no fixed age that determines when a child can express a preference as to where they want to live. However, legally, a child cannot decide who they want to live with until they are 16 years old.
The court can restrict or deny a noncustodial parent visitation grounds on the flowing grounds: If the parent has a history of molesting the child. If the court believes that the parent can kidnap the child. If the parent is likely to abuse drugs while taking care of the child.