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4 Important Factors That Affect Your Father’s Rights

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Being a father is a special relationship that is extremely important to both the child and the father. As a father, one of your worst fears is to lose your children. If you are facing the prospect of divorce or are looking to gain custody of your child, it is important to know what your father’s rights are. Continue reading to learn several facts about your rights to your child.

Laws Are Different In Each State

father's rights

The first thing that is important to understand about your rights as a father is that there are different laws regarding child custody depending on which state you are located in. As our law firm is located in Utah, our information is primarily based on Utah law. However, it is important to note that the court does NOT favor the mother in any court. The court’s job is to act in the best interest of the child. In most states, a married father and mother will have joint guardianship and equal rights to their children.

Certain Attributes May Make A Parent Unfit For Custody

Because the court’s purpose is to ensure that the child is properly protected and is given the very best situation possible, information regarding the unfitness of a parent is serious. Understanding what may make you unfit for custody is important. Always make sure to set age-appropriate boundaries with your child and respond to your child’s needs. 

An important part of being fit for child custody is being involved in your child’s life. Your track record of looking out for your child is important as is your child’s comfortability. Of course, if a parent has issues with substance abuse or has exposed the child to domestic violence or abuse, then it is unlikely that they will be given custody or visitation rights.

There Are Different Laws Based On Marriage Status

However, marriage status also has an impact on your rights to custody. According to Utah law, no matter how fit you are for the custody of your children, if you and your child’s mother are unmarried, primary custody will fall to her. But do not despair, if you establish paternity at the time of your child’s birth or before, then you can seek legal visitation rights or custody of your child. Unmarried fathers that are interested in having rights to their child should make sure that their names are listed on the birth certificate at or before the time of birth.

If a father’s paternity was not established at the time of birth, a father can take a paternity test. At this point, a father’s right to custody will be in question until his suitability as a parent has been determined. This is where fitness for custody becomes important again.

Child Support

Firstly, if parents are unmarried, a father will need to sign a Voluntary Declaration of Paternity in order to gain rights to their child and in order to put a child support order into place. Child support is typically paid by the non-custodial parent. This is the parent that does not have physical custody of the child or has the child for the least amount of time. If a father wants to gain physical custody or full custody of their child, it is important that they have been paying their child support payments.

Do You Need Help Protecting Your Father’s Rights?

If you are looking for representation for your divorce case, we at Kaufman, Nichols, & Kaufman would be happy to be of service for you. We have a team of experienced attorneys who are prepared to fight for you and your rights as a father. We understand that there are many complex and delicate issues that need to be ironed out in a divorce, and that is why you need a professional divorce attorney with expertise in parent’s rights. If you have any questions or are interested in learning more about our services, feel free to reach out to us today.

If you are a fan of movies, you likely have seen a scene in which a young couple is in a lover’s quarrel and the female character gets fed up with the conversation or the young man says something she doesn’t like, and she slaps him across the face. This is so commonplace in movies, especially in romantic comedies, that many people are surprised to hear that slapping someone is actually illegal. The simple answer to whether slapping someone is considered assault is yes. The longer answer will be discussed in the following article.

What Is Assault?

slapping someone is considered assault

The first part to answering the question of why slapping someone is considered assault is to define what assault is. The definition of assault varies, but it is generally understood to be the act of trying to injure someone else. The act of physically harming someone is certainly considered to be assault, but even the threat or attempt to try to physically hurt someone is also considered to be assault.

There are several different types of assault. The first is verbal assault, which is essentially a threat of physical injury, without actually touching the person. Another type of assault is sexual assault, which constitues any sexual touch that occurs without the consent of the victim. Then there is simple assault and aggravated assault. Simple assault is when someone is injured from a physical attack or was simply afraid that such an attack would occur. Aggravated assault is the most serious form of assault, as it involves the victim being physically injured with a weapon such as a knife, gun or a bat.

Why Slapping Someone Is Considered Assault

So now that assault has been defined and can be understood, the question of whether slapping someone is considered assault can be addressed. Slapping someone involves the physical contact of hitting your hand across another person’s face or other part of their body. The physical contact itself makes the act assault, but it would most certainly be considered assault if there was force in the slap. If the victim of the slap was fearful of being slapped, that in itself may be considered assault, depending on the state.


Based on the state where the charge occurs, the severity of the charge may differ. As previously mentioned, there may be times when even the threat of slapping someone may be considered assault. The individuals involved will also pay a part in how the charge is given. If the plaintiff and the defendant were in a partner relationship, then the case will likely become a domestic abuse case. The number of occurrences of this type of behavior will also likely have an impact on the charge and the verdict of the case.

Also, if the person who was slapped was a child and the person who committed assault was an adult, the case will certainly become a child abuse case. One of the only ways that a slap would not be considered assault would be if it was in self defense or in the defense of another person. The other way that it would not be considered assault would be if it was an accident. So essentially, the person accidently hit the other individual.

Are You In Need Of Legal Representation?

It is serious to be accused of assault or of domestic violence. We at Kaufman, Nichols & Kaufman Attorneys at Law understand the severity of such an allegation. That is why we offer resources to those who have been accused of assault. If you are in need of legal representation, do not hesitate to reach out to us. We would be happy to answer any questions that you may have.

Depending on the severity of a crime, a person can be charged with a felony or a misdemeanor. Sometimes the difference between a felony and a misdemeanor can be difficult to understand. However, there are distinct differences between felonies and misdemeanors. Felonies and misdemeanors are both offenses that are punishable under the law and fall under the broader category of criminal law. If you or someone you know has been accused of a felony or a misdemeanor, it is important to do your research to understand the difference. We at Kaufman, Nichols, & Kaufman are happy to help you learn the difference between a felony and a misdemeanor and offer you options for representation.

What Is A Felony?

A felony is a crime that is extremely serious. Felonies are often dealt with harshly, especially if in combination with other crimes or if the individual has a criminal history. Usually, if a person is charged with a felony, they will have a long prison or jail time sentence. If a term of imprisonment exceeds a year, the crime is likely a felony. There are different degrees of severity of felonies that have certain punishments attached to them. The word ‘felon’ is used to describe a person who has been charged with a felony at some point. Example of felonies include burglary, kidnapping, murder, arson, or rape. 

difference between a felony and a misdemeanor

What Is A Misdemeanor?

A misdemeanor is considered a lesser crime. If a person were charged with a misdemeanor, then they would likely have a jail time sentence of less than a year or would have some other form of lighter punishment such as a fine or community service. Similarly to felonies, misdemeanors have different degrees that are assigned to a person based on the severity of the crime that they committed. Examples of misdemeanors include shoplifting, simple assault, petty theft, disorderly conduct, trespassing, and certain cases of drug offenses and drunk driving.

The Difference Between A Felony And A Misdemeanor

The largest difference between a felony and a misdemeanor is the severity of the crime that was committed. Felonies are more serious than misdemeanors and typically carry longer and more severe penalties. Some crimes are purely felonies or misdemeanors while other crimes can be either, depending on certain situations. 

For example, murder and rape are always charged as felonies while trespassing and shoplifting are almost aways considered misdemeanors. However if you are charged with drunk driving, there could be a variety of outcomes. There are several things that could impact whether you would be charged with a felony or a misdemeanor. If you were driving slightly over the speed limit and got pulled over while driving under the influence, then you would most likely be charged with a misdemeanor. 

However, the sentence might change under different circumstances. For example, if the person who was driving under the influence already has multiple convictions or has had a few DUI charges before then the charge will likely be a felony conviction. Also, if there were children in the car or if the person driving under the influence injured or killed someone else, then they will likely face felony charges.

Have You Been Charged With A Felony Or Misdemeanor?

If you have been charged with a felony or misdemeanor and are in need of representation we at Kaufman, Nichols, and Kaufman are here to help. We employ several experienced and well-informed criminal defense attorneys who would be happy to take a look at your case. We understand that these types of situations can be stressful and difficult to process, and that is why we are here to help guide you. Feel free to reach out to us with any questions or to set up a consultation.

Kaufman, Nichols, & Kaufman, PLLC

205 26th St #34
Ogden, UT 84401
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