Child's Best Interests | Ascent Law Legal Guidance

The State of Utah is rife with information that can both help and impede progress in a child custody case. Utah courts has a ton of helpful information that you might wish to consider when thinking about the best interests for children of divorce.

What is the Best Interests?

The court may order any custody or parent time arrangement created by the parents once it determines that the arrangement is in the child’s best interests. When there are disputes about custody, then the court will order the custody arrangement that is in the child’s best interests.

The court examines many factors to determine the child’s best interests. Some of those factors, identified in statutes, are listed below. However, some of these factors might not be relevant in your case. And there might be factors relevant in your case that are not listed.
General factors for determining the best interests of a child if the parents dispute custody:
• The parents’ conduct and moral standards.
• Which parent is more likely to act in the child’s best interest.
• Which parent is more likely to allow the child frequent and continuing contact with the other parent.
• The depth, quality, and nature of the relationship between a parent and child.

The judge may ask a child who the child wants to live with, but the desires of a child—regardless of age—are not controlling, and the court may determine custody contrary to the child’s desires. In determining whether the best interest of a child will be served by ordering joint legal or physical custody, the court may consider the following factors:
• Whether joint legal custody or joint physical custody will benefit the child’s physical, psychological, and emotional needs or the child’s development.
• The parents’ ability to give first priority to the child’s welfare and reach shared decisions in the child’s best interest.
• Whether each parent is capable of encouraging and accepting a positive relationship between the child and the other parent, including the sharing of love, affection, and contact between the child and the other parent.
• Whether both parents participated in raising the child before the divorce.
• The distance between the parents’ homes.
• The child’s preference (if the child can form a preference about joint legal or physical custody).
• The parents’ maturity and their willingness and ability to protect the child from conflict that may arise between the parents.
• The parents’ ability to cooperate with each other and make decisions jointly.
• Any history of, or potential for, child abuse, spouse abuse, or kidnapping and
• Any other factors the court finds relevant.

What are the Benefits of Joint Custody?

Co-parenting can be a rewarding experience, particularly if you are sharing custody with your ex. We’ve written about 50-50 custody before here. Your main focus should be your children rather than your ex’s whereabouts. Look on the bright side of the process and hire an experienced Salt Lake City child custody attorney to handle all the complex legal aspects of your child custody dispute.

This means both parents get to enjoy a piece of the pie. You will share the joys and challenges of your child’s physical and emotional growth. A 50/50 child custody approach allows you the opportunity to collaborate with your ex-spouse in creating a parenting plan that meets your child’s needs. It is particularly beneficial for parents to adopt a team approach to discipline. Kids can test your boundaries but when both parents are working as a team, it will be harder for them to show disrespect.

Perhaps you don’t seek to share your parenting time with your ex-spouse yet you must remember that there are cases when courts may impose joint physical custody. It is important you work as a team to figure out who gets the children and how you can both manage your schedule in a way that benefits them.

Here’s one of the most beneficial aspects of co-parenting. It is very practical to share the costs associated with raising your kids. Whether a field trip, school project, snacks or a new outfit for a birthday party, these unexpected costs can be easily covered when both parents are involved. These are things you will not have to worry about when your children spend time with your ex. But of course, large expenses should be shared and handled by both parents. Singles parents should not face parenting challenges alone. As soon as you get accustomed to planning your parenting schedule ahead of time, you will have more time for yourself. Whether spending time with your friends and loved ones, going to the gym, catching on sleep, focusing on your education or anything else you enjoy, you will realize that as you focus on your needs and wants you to become a more effective and caring parent.