Legal Question in Family Law in Utah

Child guardianship

My daughter is having a baby in the state of Utah. Because she is not married, she is not considered the legal guardian?? She is over the age of 18 years old. How does this effect her & the child & what can the state of Utah do as far as coming in a taking custody of the child.

If she ever marries, does the she become the guardian & not the state. If she moves to another state, does this issue ''go away''.

Apparently, Utah is the only state in the union that has this law (to encourage marriage).


Asked on 3/30/04, 1:57 pm

1 Answer from Attorneys
Alvin Lundgren Alvin R. Lundgren, L.C.

Re: Child guardianship

A parent is automatically a legal guardian. If the father is not named on the birth certificate, she would be the only legal guardian. If the father is named, he is also a legal guardian. Since you are separated, you should seek a court order for child support, custody and visitation.

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Answered on 3/30/04, 7:06 pm


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