Legal Question in Family Law in Utah
child custody
I live in Utah and would like to know what the chances are of my daughters father getting custody of her. We have recently split after 4 yrs together. There was never a marriage so no custody order has been made. My daughter is only a year old. I have two other children that he is not the father to ages 12 and 7. I am concerned that he might be able to get custody of my daughter and that would negatively affect the emotional well being of my other children. I am not a bad mom. I don't drink, smoke or do drugs. My other children are wonderful, no problems. He is a first time father so he feels that he should get her. I am very afraid of losing my daughter and breaking up my family. He makes more than double the hourly wage that I do, and I don't know if that will factor in to the decision or not. All my friends say there is no way he will get her, but I would like some information from someone who knows the law.
1 Answer from Attorneys
Re: child custody
You need to file for an order of custody and child support. Since you were together for 4 years, you could be considered married by common law. This means you may be entitled to alimony as well. Without knowing all of the facts, there is no way to predict custody, however, the general rule is that children are not separated. You need to get legal representation.