Salt Lake City Child Custody Attorney

Comprehensive Representation for Parents in Utah

During a divorce or separation, the issue of child custody can be one of the most difficult to resolve. In order to protect your relationship with your child, it is crucial to have an experienced child custody lawyer in Salt Lake City on your side. Our legal team at Pearson Butler has extensive experience in all issues related to child custody and visitation. We know how to help you achieve your goals and will work with you every step of the way to ensure your rights are protected.

Understanding Child Custody Laws in Utah

Like many other states, Utah has changed the terminology used to describe child custody. Rather than awarding custody to one parent or the other, the courts now make “parent-time” and “parental decision-making” arrangements.

Parent-time is the schedule of when each parent will have the child in their care. It can be a simple schedule or a more complex one, depending on the needs of the family. It can also be modified if necessary.

Parental decision-making is the authority to make decisions on behalf of the child. These decisions include education, healthcare, and religious instruction. The courts can award joint decision-making to both parents or give it to one parent, depending on the circumstances.

There are two types of custody in Utah:

1. Legal Custody: The right to make important decisions about a child's upbringing, such as medical care, education, and religious beliefs.
   • Types:
     • Sole Legal Custody: One parent has the sole authority to make decisions.
     • Joint Legal Custody: Both parents share decision-making authority.
2. Physical Custody: The right to have the child physically present and in their care.
   • Types:
     • Sole Physical Custody: One parent has primary physical custody, meaning the child lives with them most of the time.
     • Joint Physical Custody: Both parents share physical custody, with the child spending significant time with each parent. Utah Code Ann § 30-3-10.1 defines it as “the sharing of the rights, privileges, duties, and powers of a parent by both parents”.

Important Considerations:

• Custody Orders: Courts determine custody arrangements based on the best interests of the child.
• Visitation Rights: The non-custodial parent typically has visitation rights, which are specific times to spend with the child.
• Modifications: Custody orders can be modified if circumstances change significantly.
• Cooperation: Parents with joint custody are encouraged to cooperate and communicate effectively for the child's well-being.

The courts generally prefer to award joint legal and physical custody. However, if one parent is not capable of taking care of the child, the courts may award sole custody to the other parent. If you are going through a divorce or separation and need help with child custody, our Salt Lake City custody lawyers can help. We will work with you to understand your goals and help you obtain a favorable outcome.

How Do the Child Custody Laws in Utah Affect Parental Rights?

The statutory changes in the state of Utah for legal custody have helped many divorced parents ensure that they will have a contributing voice in the important decisions made for their children. The statutory presumption of joint legal custody has been beneficial for many people going through the difficult process of divorce. A shared decision can many times help in reducing the manipulation that one spouse uses over the other spouse in some sole legal custody situations.

Parents need to create a parenting plan as part of the custody case. A parenting plan is required for any case that has shared joint custody, be it legal or physical. To establish ground rules, and a game plan for helping the children receive care and consistency, and to encourage parents to work together, a parenting plan is drafted and then implemented in custody cases.

How is Child Custody Determined in Salt Lake City?

When determining child custody, Salt Lake City courts prioritize the best interests of the child. This is a broad standard that allows the court to take into account all relevant factors. This involves considering various factors, including:

Child's Well-Being

• The child's wishes: While the court may consider the child's preferences, especially for older children, the final decision rests with the judge.
• The child's relationship with each parent: The quality and frequency of interactions between the child and each parent are crucial.
• The child's needs and abilities: This includes physical, emotional, and mental health needs, as well as any special needs.
• The child's adjustment to home, school, and community: Stability and minimal disruption to the child's routine are important considerations.

Parental Factors

• Parental fitness: The court assesses each parent's ability to provide a safe, stable, and nurturing environment.
• Parental cooperation: The ability of parents to cooperate and co-parent effectively is a significant factor.
• Domestic violence or abuse: Any history of domestic violence or child abuse will be a major concern for the court.
• Parental lifestyle: The court may consider factors like substance abuse, criminal history, and overall lifestyle choices.
• Financial stability: The ability of each parent to provide for the child's financial needs is relevant, but it's not the sole determining factor.

While the court may consider the wishes of the child, they are not bound by them. The court will also consider the child’s age and maturity when determining how much weight to give their wishes. If you are going through a divorce or separation and need help with child custody, our Salt Lake City child custody lawyers can help. We will work with you to understand your goals and help you obtain a favorable outcome.

How to File for Child Custody in Salt Lake City, UT

Child custody is an issue that must be resolved in both divorce and separation cases. If you are going through a divorce, you can file a petition for child custody as part of your divorce case. If you are not married to the other parent, you can file a separate petition for child custody. In either case, you will need to have the other parent served with the petition and a summons.

The summons will inform the other parent of:

• The date and time of the initial hearing
• The court where the hearing will take place
• That they are required to appear

After the other parent has been served, you must file a proof of service with the court. The proof of service is a document that shows the court that the other parent was served with the petition. If you have difficulty serving the other parent, you can ask the court to allow you to serve them by publication. This means that you can serve them by publishing a notice in a newspaper in the area where they are believed to be living.

After the other parent has been served, you will need to attend a hearing in which the court will determine temporary custody. The court will also set a date for the trial. During the trial, the court will hear evidence from both parents and make a final determination of custody.

How to Modify Child Custody in Utah

Once a child custody order has been entered, it can be modified if there has been a substantial and material change in circumstances. In cases where parents have joint legal custody, the court will generally not modify the order unless they find that the child’s physical, emotional, or mental health is in danger. This is because the court does not want to disrupt the child’s life.

If you want to modify a child custody order, you will need to file a petition with the court and have the other parent served. The court will then schedule a hearing. At the hearing, the court will hear evidence from both parents and determine whether to modify the order. If the court agrees to modify the order, they will then schedule a trial to determine the new custody arrangement.

It is important to note that the court will not modify a child custody order if the child is 16 years of age or older and objects to the modification. The court will also not modify an order if the child is 18 years of age or older and has graduated from high school. If you have questions about modifying a child custody order, we can help. Our Salt Lake City child custody lawyers have a deep understanding of Utah’s child custody laws and can help you obtain a favorable outcome.

Get the Legal Help You Need Today

Going through a divorce or separation is never easy. When children are involved, it can be even more difficult. If you need help with child custody, we can help. Our Salt Lake City child custody lawyers have a deep understanding of Utah’s child custody laws and can help you achieve your goals. We will work with you every step of the way to ensure your rights are protected. We have offices in South Jordan, Bountiful, and Utah County.

Call (800) 265-2314 or contact us online today to schedule a consultation with one of our Salt Lake City child custody lawyers. We will review your case and help you understand your rights and options. We represent clients throughout the state of Utah.