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Utah Child Custody Laws Attorney

We understand that children are the most important aspects relating to divorce. We will work tirelessly to help resolve any child support disputes to minimize the negative effects of divorce on your children. Let us go to work for you to help make the transition as smooth as possible.

Children are significantly impacted by divorce. They are often confused and unfortunately too frequently used as pawns between the spouses, in addition to experiencing the pain and suffering that all parties involved in a divorce feel. The court will decide child custody issues based on the “best interest of the child”, unless the parties can reach an agreement. It is always best for all parties–especially for the children–if the parties can come to an agreement regarding child custody, so that the court doesn’t reach undesired results. Let us help you negotiate an amenable solution for all both parties and avoid undesired consequences.

What Are the Options Under Utah Child Custody Laws?

Utah child custody laws distinguishes legal custody from physical custody. Legal custody is the right to make important decisions for the child. This right includes decisions regarding the religion, education, and health issues of the child among other issues. Physical custody refers to the primary care-taking rights and responsibilities of the child such as food, clothing, and shelter.   Both of these types of custody must be either determined by the court or defined in a parenting plan.

There are four different options available regarding child custody:

Split Custody

Split custody is splitting up sole physical custody of multiple children among the parents. Courts in Utah generally disfavor split custody; they prefer to keep the children together.

Joint legal and Joint Physical

Under this custody arrangement the child will live with both parents and both parents will share decision-making on important issues like religion, medical treatment, schools, marriage and more. It is important that the parties can communicate well with each other and are willing to work together. Because the child will live with each parent at least 111 nights per year, it is also important that the parents do not live too far apart.

Sole Legal and Sole Physical Custody

This means that the child lives with one parent most of the time. That parent also has the right to make major decisions regarding the child’s life. The non-custodial parent will be awarded parent time with the child.

Joint Legal and Sole Physical

Under a joint legal and sole physical custody arrangement, the child will live with one parent over 225 nights per year. The parents will then share decision-making on important issues like religion, medical treatment, schools, marriage and more. It is important that the parties can communicate well with each other and are willing to work together.

How will the Utah child custody laws determine your custody case?

When the parties cannot agree and a court must determine custody issues, it will consider the following factors:

  • Whether the parent is willing to facilitate a positive relationship with the other co-parent;
  • Who cares for the child the majority of the time;
  • Which custody type will best meet the physical and emotional needs of the child;
  • The parents’ physical location and living situation;
  • The parents’ employment;
  • The parents’ marital status (whether the parent has remarried); and
  • Which parent can offer the most stable environment during and after the transition

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$1500 Flat-Fee Uncontested Divorce

If you and your ex have already agreed to all the terms of property division, visitation, child support & maintenance and only need an attorney to draft the paperwork to make the agree legal, our flat-fee uncontested divorce can help. We understand that attorneys sometimes complicate your agreement to increase their fees. Not us! Our flat-fee uncontested divorce will affordably draft and file all the necessary paperwork to quickly finalize your divorce–if you have already agreed to the term.

What If Things Get Nasty?

We always seek to minimize disputes with our negotiating and mediation skills, while still representing your best interests. We take pride in our reputation with opposing counsel for being strait shooters! Our no-nonsense approach makes it easier for us to come to agreements with opposing attorneys because they can rely on us to “say what we mean” and “do what we say”. The Court also depends on the information we provide because we are known for our integrity, being thorough, honest and accurate. When negotiating and mediation skills don’t result in acceptable results, we have the fortitude to fight for  your interest through court intervention.