How to File for Child Custody in Utah Without a Divorce

Your child's welfare is of top concern when filing for custody.

The single most important factor in a custody battle is the safety, happiness and well-being of the children involved. Custody will be award by the court to a parent who is caring, nurturing and can provide materially and emotionally for the children. When the parents involved aren't married, or are married but are separated and are not seeking a divorce, a custody petition is brought to the Utah court in the form of a parentage action.

Things You'll Need

• Proof of paternity
• Application for custody

Instructions

1. File for parentage forms with your local clerk of court. Parentage and child custody forms can be picked up in person from the court or obtained online through Utah's Court Online Assistance Program. The assistance program will guide you through the process of filling out the form by asking a series of questions. The program is free and you can print the forms without charge, but when you file the forms with the court you'll be charged an additional $20 on top of the regular filing fees.

2. Submit to a court-ordered custody evaluation. Custody evaluations are conducted by an evaluator appointed by the court and can be expensive. The evaluator will make an investigation into your circumstances, your children's welfare and both you and the other parent's ability to care for the children. Cooperate with the evaluator, as his opinion is likely to be the one adopted by the judge.

3. Be open to shared custody or visitation arrangements unless the child's safety will come into question. The Utah court likes to see that both parents have an equal share in the upbringing of their children. Denying the other parent visitation without justifiable grounds represents a selfish motive that isn't taking the best interests of the child into consideration.

4. Appeal a judge's decision if you strongly disagree with it. Appeals must be filed within 30 days of the judge's decision. An appeal will move the parentage claim to a higher court. Getting a lawyer may be your best bet when filing an appeal, as it can become more complicated than the original process.

Tips & Warnings

• File an "Order to Show Cause" if the other parent is not complying with the custodial arrangement. Not complying with a court-ordered visitation arrangement is breaking the law. That person will be found in contempt of court.

References

• Utah Legal Services: Domestic Law Handbook
• Utah State Courts: Online Court Assistance Program