Legal Question in Family Law in Utah
Unmarried and Pregnant
What legal rights does the Father of a baby have if the Mother is unwilling to marry him? My 20 year old daughter has become pregnant and she does not want to marry the Father of the baby. He is 21. She does not want him or his family to take the baby unsupervised for visitations when the child is born. Her boyfriends family has given my daughter the cold shoulder for the past two years that she has dated him. She is also concerned because his Mother and sister have histories of depression and have been suicidal in the past, most recently 4 weeks ago when his sister tried to commit suicide again. My daughter feels that she might have to marry this boy so that she can control the baby's visits with her boyfriend's family. What are my daughters rights. What are the Father of the baby's rights if she does NOT marry him? What are his families rights?
Thank you for your help.
1 Answer from Attorneys
Re: Unmarried and Pregnant
The mother always has presumed custody of her child, unless she is shown to be incompetent or will place the child at unnecessary risk. (Drug abuse, etc.) If she does not name the father on the birth certificate, he must assert his paternity in court. If he is named the father, then he is entitled to standard visitation and will have to pay child support. Marriage to control the child is not realistic. She will have more control if she remains single and the father is limited to standard visitation. However, she will not be able to control the time the father spends with his family, unless there is proof that the child is actually at risk. If at risk, then the father can be restrained from allowing the child to be around those persons who present a hazard.
There is a grandparent's visitation right in Utah, but it is predicated on a personal relationship with the grandchild having already been established. With a newborn, there is no such relationship. The grandparents' rights usually arise in a divorce situation.
Your daughter should consider placing the child for adoption with a two parent healthy family. If she marries the father for these reasons, you can be assured that there will be a divorce. The best for the baby is to be raised in a more stable two parent home which is established and has been shown to be stable.