Child Custody Utah

child custody utah

Child custody and legal guardianship are legal terms which are used to describe the legal and practical relationship between a parent and his or her child, such as the right of the child to make decisions and the parent’s duty to care for the child.

Following ratification of the United Nations Convention on the Rights of the Child in most countries, such as Utah and have superseded the concepts of “custody” and “access”. Instead of a parent having “custody” of or “access” to a child, a child is now said to “reside” or of “contact” with a parent. For a discussion of the new international nomenclature, give us a call to discuss it in a free consultation.

Residence and contact issues typically arise in proceedings involving divorce (dissolution of marriage), annulment, and other legal proceedings where children may be involved. In most jurisdictions the issue of which parent the child will reside with is determined in accordance with the best interests of the child standard.

Utah Courts Determine Child Custody

The support order will be based on the child’s needs, obligor’s ability to pay, custody arrangements and the child support guidelines. In Utah, The Criminal Code makes it an offence to abduct a child to spite a custody order. A custody order establishes both the custody and parenting time arrangement for the children. Your child custody order is also confidential.

When an unmarried mother has a child, the mother has legal custody of that child until a court says otherwise.

During divorce, marriage, or annulment proceedings, the issue of child custody often becomes a matter for the court to determine. The Court must consider the following factors in every child custody decision under the law regarding the best interest of the child. The court retains the power to alter the custody arrangements until the child turns 18 or is emancipated.

You may contest custody, child support, and alimony and property division by appearing in court and filing appropriate legal papers. At the hearing, the court shall hear evidence to determine whether the child custody and support determination should be modified. The fact that one parent has been the child’s primary caretaker is often considered but is not enough to guarantee a custody award. It is not that unusual for middle class parents to spend $60,000 on a divorce and child custody fight. Traditionally, divorce in the Utah results in one parent being awarded primary custody and decision making for a child.

Child Custody Rights

Each parent shares the rights and responsibility for the care, custody, companionship, and support of their children. In salt lake city Utah, have fathers rights groups specifically dedicated to helping fathers obtain custody of their children

Legal child custody includes the right to make decisions about the child’s education, religion, health care, and other important concerns. A child may be placed in foster care while a custody case is pending. Legal custody means the right to determine the child’s upbringing, including education, health care, and religious training.

Child Custody Conclusion

Physical custody and residence means the routine daily care and control and where the child lives. Physical child custody is awarded to one parent with whom the child will live most of the time. In most cases, both parents continue to share legal child custody but one parent gains physical child custody. There is also a presumption that it is in the child’s best interest to be in the custody of a parent over a non-parent. Parent time in Utah (also called visitation rights) allow the non-custodial parent (the person without child custody) time to spend with their child. A common arrangement is that one parent gets custody of the child and the other parent is given visitation rights.

When you are ready to move forward with a child custody case, or if you want to modify or change a current child custody order in the State of Utah, call us for a free consultation

(801) 676-5506

Michael R. Anderson, JD

Ascent Law LLC
8833 S. Redwood Road, Suite C
West Jordan, Utah
84088 United States

Telephone: (801) 676-5506

Ascent Law LLC

4.7 stars – based on 45 reviews


Additional Child Custody Articles

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How is Child Custody Determined in Utah?

Attorneys for Divorce and Family Law in Utah

Child Custody in a Utah Divorce

Divorce for men

divorce for men

Men facing divorce have a built-in disadvantage; they face a bias that is often difficult to overcome. However, with the right lawyer and strategy the intense of the bias can be well reduced. The bias is mostly cultural but there are also laws and procedures that give the edge to women in a divorce. You may discover that not only is there a cultural bias against men in the courts but also outside, your friends and neighbors. Still there are many good strategies and tactics for men in divorce and you can win this thing. In Utah, the Code for Divorce should have no bias toward men.

We Focus on Helping Men in Divorce

Just because you are divorcing you haven’t gotten away from dealing with your soon to be ex, a big tactic that the other side may bring against you is doing things just to rattle you. They want to keep you off balance and if possible get you to do something stupid that will cost you in court. So… keep your head together as you find them taking trivial things and blowing them out of proportion. Do you really want the family dog enough to spend thousands fighting over him?

Stay away from trivial it will cost you big time and it will take your attention from the things you really care about. So know your outcome, know what it is that you want. You want to avoid needing to have the last word. Don’t argue about anything, express yourself but avoid the anger and turmoil. Remember you don’t need the last word on things as you negotiate; you need to have the last word in court.

Next, stay positive, if you get off into depression, if you get down and stop believing in your power to turn the divorce in your direction will cause you to not focus and pay attention to the things you want from the divorce. That can cost you big time. You’ve got to remember that no one cares more about the outcome of your divorce than you. You have to stay involved and not avoiding involvement in your divorce.

Your lawyer is busy working so that you won’t be at a disadvantage so don’t entrust the work just to him alone. Ensure you stay involved in the process and know how to manage things. You are the one to live a new life after divorce and you should be the one to ensure that the aftermath is good for you. Uttering simple sentences during the course of the divorce can cost you a lot both in cash and kind unless you understand the tactics very well and know how to phrase your sentences to your advantage and not that of your soon to be Ex-wife. Sometimes these mistakes can be grave and irreversible and this is an important reason why you need to work with your lawyer and be an active part of your divorce.

Finally, learn how to manage your emotion so that you can avoid mistakes, save money, achieve positive result and win your divorce.

Lawyer to Fight for Men’s Rights

If you have a question about how we can defend men’s rights during divorce in Utah, divorce for men in general, or if you need to start or defend against a divorce case in Utah call Ascent Law today at (801) 676-5506. We love helping men in family law cases.

Michael R. Anderson, JD

Ascent Law LLC
8833 S. Redwood Road, Suite C
West Jordan, Utah
84088 United States

Telephone: (801) 676-5506

Ascent Law LLC

4.7 stars – based on 45 reviews


Additional Divorce Information

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