How Is Child Custody Decided In Court?
Your guide to navigating child custody decisions in central Utah.
When it comes to family law matters, it’s especially important to understand your rights and how the inner legal system operates. Because there are many factors involved and emotions can run high, educating yourself is foundational to ensuring sustainable outcomes are achieved.
On its own, divorce can be a challenging process to endure. However, when children are involved, circumstances can become more complicated and ripe for disputes. While both parents want what is best for the child, disagreements can arise over the details of the decision-making process. Because of this, it is important to pursue the assistance of a lawyer who is familiar with these affairs. This mitigates the potential for conflict while paving the way for a custody agreement that prioritizes your child’s welfare.
So, how are strong and effective child custody decisions made in Utah? What are your rights as a parent in the midst of spousal separation? In this article, we explore the key elements that Utah courts consider when determining child custody, including each parent’s respective capabilities, any history of abuse or neglect, and more. We’ll also outline your parental rights, how custody is usually awarded, and the steps you should take to advocate for your role in your child’s life during and after separation.
What Does The Court Consider When Dealing With Custody Decisions?
In Utah, courts always prioritize the best interests of the child when deciding custody. Judges will evaluate several aspects of the situation, including the child’s relationship with each parent, the living environment, and the physical and mental health of the parents. The court also takes into account any history of substance abuse, domestic violence, or neglect.
A parent’s willingness to encourage a positive relationship between the other parent and the child is also a key consideration. The goal is to establish a custody arrangement that fosters the child’s safety, emotional well-being, and overall development.
Legal And Physical Custody: Key Differences
Legal custody is a parent’s right to make major decisions regarding the child’s life, such as medical care, education, and religious upbringing. Physical custody determines where the child resides and which parent is responsible for day-to-day care.
Both types of custody can be jointly or solely awarded. For example, parents may share legal custody equally, with one having primary physical custody. In this instance, the child lives with the parent with physical custody most of the time, with the other parent having scheduled visitation.
Can Custody Be Altered After The Initial Order?
Custody orders are able to be modified in Utah when substantial changes in circumstances are made that impact the child’s welfare. Examples include:
- A change in the child’s basic needs.
- A parent relocating.
- Evidence of endangerment or neglect.
In order to request a modification, a petition must be sent to the court with evidence supporting the proposed change. From here, the court will once again consider the child’s welfare before making any alterations.
How Do Courts Handle Custody If The Parents Live In Different States?
When parents reside in different states, Utah follows the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA). This law helps determine which state has jurisdiction over the particular custody case which is typically the child’s “home state” or the location that they have been living in for the past six months.
Once jurisdiction is established, that state’s court handles all custody matters moving forward unless both parents agree to further changes or if specific exceptions are present. An experienced family lawyer plays an integral role in examining the unique situation in question to help their clients make informed decisions.
What If My Child Prefers To Live With Me?
A child’s preference is likely to be considered in custody decisions, however, it is not the sole deciding factor. In Utah, judges may take the child’s inclinations into account, especially if the child is able to express their reasons in an articulate manner. However, the court will base its final decision on the topics described earlier in this article.
The Law Office of Kelly Peterson: We Put Utah Families First
Located in Payson, our child custody lawyers are committed to creating the best possible outcome for clients across Utah.
If you’ve found yourself searching for a “child custody attorney near me” online near Payson, UT, you’ve come to the right place. The Law Office of Kelly Peterson has years of experience helping people like you navigate the complexities of family law strategically, and we’re prepared to provide you with the same comprehensive services.
Want to find out more about the details of child custody rights? Call our office today at (801) 616-3301 to discuss your case with an adept member of our team.
