Full question:
We are unmarried and we have a 18 month old daughter and a unborn son due in 2 months. I am the father. She wants out of the relationship and has said that she does not want to be a mother anymore. She wants me to have full custody of the childen (my daughter and unborn son when he is born). We do not want to go to a lawyer for money reasons and since we are in agreement hopefully there is a document we can sign and notarize to make it legal. We would also like to have the document state out standard visitation for the state of Utah for her (the mother).
- Category: Divorce
- Subcategory: Child Custody
- Date:
- State: Utah
Answer:
A written agreement regarding child custody and support entered into by
unmarried parents at time of their breakup is generally enforceable unless
the parties abandon the agreement, or the agreement is unconscionable.
Uniform Parent Act of Utah
78 45g 305 Effect of declaration or denial of paternity.
(1) Except as otherwise provided in Sections 78 45g 306 and 78 45g 307,
a valid declaration of paternity filed with the Office of Vital Records is
equivalent to a legal finding of paternity of a child and confers upon the
declarant father all of the rights and duties of a parent.
With regard to your unborn child:
78 45g 611 Proceeding before birth.
A proceeding to determine parentage may be commenced before the birth
of the child, but may not be concluded until after the birth of the child. The
following actions may be taken before the birth of the child:
(1) service of process;
(2) discovery; and
(3) except as prohibited by Section 78 45g 502, collection of specimens for
genetic testing.
I have prepared a form which has been added to our website
entitled “Agreement for Consent Judgment Granting Sole Custody of Minor
Child to Father.” It is form no. US-00774BG. You will still need an attorney
to present this Agreement to the appropriate court and modify it as
necessary to include, if possible, your unborn child. Your attorney will also
need to prepare a decree for the judge to sign in accordance with this
Agreement.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.
