Why Do You Need a Utah Child Custody Attorney?

If you are like most divorcing parents, one of your Custody of Child document - Child Custody Lawyer near Salt Lake City Utahgreatest concerns is the well-being of your children. A key item of dispute in many divorce proceedings is the issue of child custody. Who will get the children? If you are a divorcing parent, you need an experienced child custody lawyer who will help you maneuver the twists and turns of Utah child custody laws. At Wall & Wall, P.C., we are seasoned family law attorneys who have a great deal of experience in custody mattersContact our skilled child custody lawyers for a free consultation.

Many people just assume that physical custody will automatically go to the mother. But it is important for everyone concerned that the decision be made not on the basis of tradition, but instead on the best interests of the children. Whether that is joint physical custody, sole physical custody, joint legal custody, sole legal custody, or split custody we have vast experience in child custody law and will help you make the best custody arrangements for your children.’

Custody Modifications

Our overarching concern is the best interests of your children. If you feel that seeking a change in custody is the best thing for your children, we will help you petition the court for a custody modification. We have helped countless parents prepare for custody evaluations. If your custody evaluation leads to a child custody battle, we are willing to go the distance with you to fight for what is best for your children.

Understanding the Difference Between Legal and Physical Custody

Having custody of a minor in Utah means that the courts have awarded you a level of decision making and a duty to care for the child. This designation can be temporary or ongoing. It can also change if a problem arises. In terms of awarding legal and physical custody, the courts base their decisions on what is in the child’s best interests.

  • Legal Custody: When a parent or guardian has been awarded legal custody, they earn the responsibility for making major life decisions for a minor. These may include education, religious affiliation and upbringing, medical treatment and other long- and short-term decisions. This status can be enjoyed by one or both parents and the court can be called upon to resolve disputes.
  • Physical Custody: It’s common that one parent has physical placement of a child and another has reasonable visitation. This arrangement fosters a sense of home and maintains child-parent relationships. It’s important to understand that a parent or guardian who has physical custody may also enjoy a level of legal custody by default, if a decree doesn’t specify otherwise.

Types of Custody

Navigating the intricacies of child custody can be overwhelming. Various forms of custody could be awarded based on your specific circumstances. Here’s an in-depth look at the different types of custody arrangements:

Sole Custody

In sole custody arrangements, one parent is granted exclusive rights and responsibilities over a child. This can take two forms – sole legal custody or sole physical custody. Sole legal custody grants one parent the sole authority to make significant decisions about the child’s life, such as education, healthcare, and religion. Sole physical custody means the child lives primarily with this parent, though the non-custodial parent may have visitation rights.

Joint Custody

Joint custody, on the other hand, involves shared responsibilities between both parents. Joint legal custody allows both parents to have a say in major decisions about the child’s life. Joint physical custody lets the child spend significant periods with both parents, ensuring a balanced routine. This setup often requires a high level of cooperation and communication between parents to work effectively.

Split Custody

Split Custody less common arrangement involves each parent having full-time custody of one or more of the children. Such an arrangement typically applies to families with multiple children, dividing physical custody between parents.

Bird-Nesting Custody

A unique custody arrangement, bird-nesting, allows the children to remain in the family home while the parents take turns living with them. This type of custody aims to cause minimal disruption to the children’s lives.

Non-Parent Custody

Non-parent custody grants someone other than a parent, such as a grandparent or relative, custody rights when the parents cannot provide suitable care.

Temporary Custody

Temporary custody is assigned during divorce proceedings before the final custody order is made. It can also apply during other periods of transition or hardship, providing a short-term custody solution.

Third-Party Custody

In certain cases, custody rights might be granted to someone who isn’t a biological parent (e.g., step-parents, grandparents, aunts, uncles, etc.). This generally happens when biological parents are unable or unfit to care for the child.

Understanding your options in child custody is the first step toward a favorable outcome. It’s essential to contact a seasoned family lawyer who can guide you through this complex process and ensure the best interests of your child are at the forefront.

Paternity Actions And Child Custody in Utah

When people have children out of wedlock, fathers may discover they do not have legal, parental status. Fathers need to fill out and sign an acknowledgement of paternity at the time of birth. Fathers that were unaware or did not file a paternity form will need to initiate a civil action to gain their parental rights. This may be as simple as filing papers, working with the mother and taking a DNA test to prove a blood relationship.

View the NEW Revised Parent Time Statutes effective May 9, 2017
– It is extremely important that you become aware of these codes because it most likely applies to your case.

Wall & Wall Attorneys at Law Focus on Family Law

We focus our practice on family law. Whether you need assistance structuring a joint custody schedule, are concerned about custodial parent rights, need assistance with child support enforcement, or are embarking in an all out custody dispute, the family custody lawyers at Wall & Wall, P.C., can assist you. Contact Us today for a free consultation by filling out our online form above, or calling us at (801) 441-2388.

Frequently Asked Questions About Child Custody

Call Our Expert Child Custody Lawyers to Help with Child Custody Case in Utah

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