Where can I find a form for the mother of my children to give me full custody and her visitation?

02/01/2007 - Category:Divorce - Child Custody - State: UT #883

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).

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.

Please see the information at the following links: Please see the forms at the following links:

02/01/2007 - Category: Child Custody - State: UT #883

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