Utah Code 30-3-35 refers to parent time, also known as visitation in some states and in some chords, this means the time the non-custodial parent spends with a child or the children in either a child custody case or divorce case, depending on the circumstances.
Chapter 3 of title 30 in the Utah code contains the very important custody laws of the state of Utah. These have been altered an amended throughout the years however they are currently in place as of the time of this writing. These are the statutes for laws of the state and parents settled custody issues whether the children were born in a marriage or outside of marriage. One of the biggest issues that parents must handle is making a proper parenting plan. This can often be done with mediators or child custody attorneys. Here are some of the guidelines in the Utah code that affect the parenting plan. Separating mothers and fathers should acquaint themselves with the provisions of these laws in the state of Utah so that they can make a custody agreement that will be approved by a court.
Section 10 of chapter 3 explains that the primary consideration when determining a custody agreement is what is best for the child. This is often referred to as the best interests of the child test. The state holds firmly to the standard and it means that the mother and father must come up with a plan. What the parent needs. The courts will not accept an agreement that isn’t in the child’s best interest. Usually parents want to do what is in the child’s best interest but this is not always the case.
Section 10 also explicitly states that Utah considers joint custody and every situation. Joint custody is preferred and joint custody is when the responsibilities of parenting are shared by both parents not just by the father or the mother. It does not mean that the mother and father get exactly equal time, rather it means that the mother and father are both very involved in raising children. If both or one of the parents creates a parenting plan that shows how joint physical and or joint legal custody benefits the children, the court. The court will also order joint custody when the physical, psychological, and emotional needs, and development of the child will benefit from joint custody. The ability of the parents to put the child’s needs first is also necessary in determining joint custody. The court will also consider whether each parent is capable of encouraging the child to maintain and develop a loving wholesome relationship with the other parent, whether each parent participates in raising the children before separating the geographical proximity of the parents homes, the preference of the child, the maturity of the parents, and their ability to Shield the child from harmful conflict. If the parents are able to cooperate and if there has never been any history of abuse or violence in the family than it is very likely that joint custody will be awarded. Although this is not always the case. There are different judges in court Commissioners who favor either fathers or mothers. Although this should not be the case it has been seen because people are biased and sometimes judges and or Court commissioners do not make the best decisions. This is the exception and not necessarily the rule.
Even though the court considers joint custody in every situation, does not mean that joint custody is automatically awarded or that it should be awarded in your case. Sometimes parents simply can’t get along to be with one parent over both parents. Anytime the parents are able to agree on a parenting plan, they can submit it to the court and have it accepted. Our office is able to help you with this when you are ready to schedule an appointment, please contact our office so we can talk to you about parenting plans and now they work. When the parents aren’t able to cooperate on a custody agreement, the judge or Court commissioner determines what the custody order will say and what the parent plan will be. When making a ruling on the issues of a parenting plan, the judge will consider the moral character both parents, which parent is most likely to act in the best interest of the child, which parent wants to have a relationship with the other parent, and the extent of bonding between each parent and the child.
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When you need legal help with a child custody matter, please call Ascent Law at (801) 676-5506. We will help you.
8833 S. Redwood Road, Suite C
West Jordan, Utah
84088 United States
Telephone: (801) 676-5506