What Factors Are Consider When Awarding Child Custody?
If you have children, whether you are considering a divorce, or in the midst of one, child custody is likely one of your major concerns. First, you should never progress through any level of a divorce proceeding without an experienced and highly trained attorney. Without a lawyer, your chances of obtaining child custody decrease drastically, especially if you’re soon to be ex-spouse has his or her own counsel.
Following is information on the factors the court looks at when granting child custody:
- The age, sex, and religion of the child
- The character and capacity of each parent
- The wishes of a deceased parent, if there is one
- The preference of the minor if he or she is old enough to have a preference
- Whether either parent has remarried
- Whether one parent lives far apart from the other
- Whether either spouse has a history of emotional or physical abuse
- Whether either spouse has a history of substance abuse
- The ability of each parent to provide a stable environment for the child
- The ability of each parent to nurture the physical, emotional, and intellectual health of the child
- Whether the child has any siblings and whether awarding custody to one parent would divide the child from his or her siblings
Ultimately, when deciding who deserves child custody, the court prioritizes the welfare and best interests of the child. A zealous and committed legal advocate can help you protect your best interests and those of your child.
Contested Custody and Custody Evaluations in Utah
Reality often seems to take a walk during the heat of a bitter custody battle. In January, a prominent neurosurgeon tried to take a walk with a court report concerning his children—and was arrested.
Dr. Eric Braverman is a well-known Manhattan surgeon, radio personality and author of anti-aging books. Wisely or not, Dr. Braverman is representing himself in a custody case involving his three sons with his third wife.
As in many litigated custody matters, a forensic report was prepared to assist the court in making a ruling about where the Braverman children should reside and which parent is to provide custodial care. Darya Braverman alleges Dr. Braverman improperly medicates their children when in his care.
A custody report or a custody evaluation as they are called in Utah, is an important document. The report contains psychological evaluations of parents and children, statements of witnesses and other facts gathered by the investigator. In Utah, courts can limit handling and review of the final report by parties to the case. Better access to forensic custody reports by the parties in Utah is the topic of recently introduced legislation.
According to law enforcement, Dr. Braverman and an attorney from his health clinic were arrested on January 24 after the following incident:
- Dr. Braverman visited the courtroom where he had been given permission by the judge to review the forensic report in his case. He was instructed not to remove or copy the file.
- A court clerk supervising the review observed the attorney who accompanied Dr. Braverman try to place the report in her purse.
- Dr. Braverman and the attorney were arrested on charges of tampering with records and contempt of court.
Free Consultation with Child Custody Lawyer
If you have a question about child custody question or if you need to collect back child support, please call Ascent Law at (801) 676-5506. We will aggressively fight for you.
8833 S. Redwood Road, Suite C
West Jordan, Utah
84088 United States
Telephone: (801) 676-5506