Centerville, UT asked in Child Custody for Utah

Q: My daughter is pregnant with someones child. They are not together. He does not work. He threatens to take custody.

She works full time. He works for payment under the table. So actually it looks like he doesn't work. What should she do to protdct herself and the baby?

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1 Lawyer Answer
Paul Waldron
Paul Waldron
  • Divorce Lawyer
  • Orem, UT
  • Licensed in Utah

A: There are several things your daughter can do to protect herself and the baby; you will want to consult with an experienced lawyer to determine what steps to take or not take given your daughter's circumstances.

Many times unmarried fathers threaten to take custody of an unborn or newborn child. However, unless he preserves his parental rights, which would include filing a parentage action and getting a court order determining parentage, custody, parent-time and child support. Him not working is not helpful to support his threat, as both parents, by law, are required to support their child. The fact that he doesn't work would likely suggest to a judge that he doesn't have the ability to take care of or provide for the child, whereas your daughter working suggests she can provide for the child.

Depending on the specific situation with your daughter and the biological father, she may or may not want to file a parentage action herself to establish parentage, child support, custody and parent-time.

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