If he is the biological father then he should be awarded custody of his
daughter. It does not appear from the article that he is an unfit parent.
Hrm... it seems that in Utah an unwed mother can't simply declare who the
father is. That's... interesting. The state also doesn't have a
"putative father registry" like many other states do (that allows an
unwed father to claim a child, even over the objections of the mother. The
eventual consequences typically require a paternity test, but the important part
is to make a claim early).So it sounds like, short of dragging the
mother to court, his options for gaining legal paternity status were limited by
Utah law.That said, they may have avoided doing so because of child
support (in many states - not sure about Utah - a single mother has to
establish that she tried to get child support before seeking certain kinds of
welfare).And *that* said, from a cursory search it seems that Utah
is kind of hostile to unwed fathers, and cuts them out.So who knows
who the real villains are in this case. Hopefully it turns out for the best,
but who knows what that is?
Why doesn't he just go on the Maury Povich show and have them say the
magical words, "Jose, you are the father" and then it would be
finalized. We always hear how overwhelmed the foster care system is in Utah, so
I would think they would be ecstatic to remove one child from their roles. If
DCFS was going after child support, this would have been completed a long time
Eight comments and not one has mentioned what is *supposed* to be the deciding
factor:What's best for this child?He gets a woman
pregnant. He makes no effort to marry her--why not? He acknowledges watching
her life go down the tubes, but never petitions for custody until well after the
baby is taken away by the state. He isn't employed, and doesn't even
have an apartment of his own to raise this child into. Is this
someone you'd want to adopt your child out to? If not, why is
there even a question of where this little girl should grow up? Is that
snippet of DNA more important than this child's future?
Isn't Utah a common law state? If they were 'together' for 3+
years they are essentially 'married' by law. I think this should be
brought to light and see if it helps in any way.
This trouble could have been avoided if the couple would have sought legal
recognition of the relationship i.e. marriage.Our society is
experiencing the fantasy world, live by our own rules, life-style of
undisciplined young adults running head-on into the legal framework of life.I have no sympathy for the alleged father. His disregard of the
available legal protection of marriage comes with consequences. It appears he
opted for a situation where either partner could leave at any time for any
reason or whim. He got what he bargained for, an easy into and easy out of
relationship with no obligations.As it appears he has no legal
standing, due to his choices, I feel the court is obligated to seek the best
situation for the child, who also has rights and should not be considered
property to be claimed by an immature single adult unprepared to be a parent as
he is both in school and working. If the man's petition for
custody is awarded there is a strong possibility the child will be raised in
another cohabiting relationship where stability is absent and the possibility of
abuse is higher than in a marriage situation.
If the roles were reversed and they were after him for child support. They would
have a court ordered paternity test on him in a matter of weeks. It BS. that
they cant establish Fatherhood in the same manner for him to get custody.
This is ridiculous.A paternity test, one or two visits to determine a safe
positive environment and he should be awarded custody. We have way too
many lawyers and laws in this country that hinder what is right.Our legal
system is pathetic.
I live in England so I'm not sure what Utah laws are but why on earth
hasn't it been established through DNA that Jose is indeed the Father? Get
on with it and give this man his child!
Unless I missed something, the story did not mention DNA tests. Wouldn't
that be the logical thing to do if he is trying to establish paternity, and
claims to be the biological father?
Unless the state can prove he isn't fit to be her parent, his daughter
should not be taken from him.
The story leaves one to wonder about a few things. Did he pay child support? Why
didn't he establish his paternity after she was born if he was that
concerned about her? When the mom was going off the deep end why didn't he
take her, keep her, and try to get custody of her before DCFS got involved with
them? Has he tried to establish paternity since DCFS got involved? Another example of the problems with our current society with so many kids
being born out of wedlock. They deserve to have two parents that are committed
to each other and to them.