Utah Child Custody Attorney
Applicable Child Custody Laws
One of the greatest concerns for any parent is the care and protection of their children. Because of this, child custody arrangements are often one of the most contested issues in a divorce or other family law matter. At SLF, we are willing to go the distance to ensure the best interests of your children are protected.
The two parts of any custody arrangement are Legal and Physical. Legal Custody refers to the decision making authority of each of the parent. Physical Custody is defined by the number of overnights the children spend in each home each year. There are four main types of custody.
Sole Legal and Sole Physical Custody
Sole legal and sole physical custody means the decision making authority is controlled by the parent with whom the children live the majority of the time, the custodial parent, and that the children spend fewer than 111 overnights in the home of the other parent, the noncustodial parent. The noncustodial parent has the right to parent-time (visitation) with the children according to the parent-time order in the final decree of divorce. Child support will be based on the sole custody worksheet and the gross income of each parent.
Joint Legal and Joint Physical Custody
Joint legal and joint physical custody is means that both parents share decision making authority. In addition, the children will spend more than 110 overnights with each parent each year. Parent-time can be set for those times when the children are in one home for extended stays. Child support will be based on the number of overnight stays in each home, and the respective gross income of each parent.
Joint Legal Custody, With Sole Physical Custody
Joint legal custody, with sole physical custody means that both parents share decision making authority, but the children will spend fewer than 111 overnights in the home of the noncustodial parent each year. Noncustodial parent refers only to the physical custody part of the order and not to the legal custody, which the parents will share. The noncustodial parent will have parent-time rights. Child support will be based on the sole custody worksheet and the gross income of each parent.
Joint legal custody can be ordered only if the parents agree to this type of arrangement and the court finds that the parents will be able to cooperate and work together for the children’s best interest.
Generally speaking, the court will only order joint legal custody of the children if it is in the best interest of the children to do so and both parents are capable of sharing joint custody by putting the interests of the children first and being able to make decisions together, and both parents agree to a parenting plan included in the final divorce decree.
Split Custody means if you have two or more children, you split their living arrangement between both parents. That is, one or more children live with one parent, and one or more children live with the other parent. Each parent has sole legal custody of those children who live in their home and the exclusive right to make decision concerning those children. Parent-time (visitation) is worked out so that both parents have parent-time with each of the children, and often times, a parent will have parent-time with all of the children at the same time. Child support will be based on how many children reside with each parent and each parent’s respective gross income.
Custody Modification Attorneys
If you feel that a change in your custody order is in the best interest of your children, we will represent you in petitioning the court for a modification of your custody order. Our primary concern as family law attorneys is to help ensure that the best interests and rights of our client’s and their families are protected. We can represent you through a custody evaluation and fight on your behalf and on the behalf of your children.
Child Custody Lawyers
If you have questions about custody arrangement or modifications, contact us today. Our team of child custody lawyers will provide you with a free consultation. Do not delay protecting the rights of your family and children. Contact us today and Get Protected!