How Is Child Custody Determined in Utah?

Couple discussing child custody with their lawyer

Divorces in the United States happen at a rate of 2.3 instances per every 1,000 people. This is a common occurrence that you'll need to get a handle on as you go through it. Understanding how divorces play out will help you navigate the most important details.

Chief among these is figuring out how you will share custody of your child or children after the ink is dry on the divorce decree. Each state has different points that you need to know about these situations. Utah is no different.

These tips will help you out when you're trying to do what's best for your child during a child custody battle while also looking into your rights.

What Types of Child Custody Arrangements Are There?

Utah operates under the same types of child custody arrangements that many others do. When you know the difference between these arrangements, you can figure out what's best for the long-term well-being of your child.

Some of the most common types of arrangements include:

  • Sole custody
  • Joint custody
  • Joint legal custody
  • Split custody

Courts will also make decisions on how physical and legal custody arrangements are handled. With physical custody designations, you're dealing with decisions on where the child lives. This also refers to things like transportation to and from school and the overall provision of physical nurturing and well-being.

Legal custody mostly deals with who has authority over important decisions in the child's life. This can deal with anything from discipline and the schools that they attend to the child's religion and sense of morals.

Knowing how these nuances differ will help you when it's time to come up with a custody arrangement.

How Is Child Custody Determined in Utah?

Now that you understand the different types of custody arrangements in Utah, it's important that you figure out what variables go into the decisions. The judge will weigh every attribute and make sure that you get the best situation possible.

Here are some variables that go into determining child custody:

The Needs of the Child

In every state, the courts will first and foremost consider the needs and wishes of the child. This includes financial needs, emotional needs, and physical needs.

The courts will leave no stone unturned when assessing both your lives and ability to provide for the child and will determine who is most equipped to take care of them. However, most courts will also do their absolute best to make sure that both parents have an equal or fair time share with the child.

You will both have the opportunity to present your case so that you can shoot for whatever kind of arrangement you think is ideal.

The Child's Health and Safety

It's also important to consider the safety and well-being of the child. Even parents who are attentive to their children may not be suited to have any sort of custody because of their lifestyle or other circumstances that could put the child in danger.

This could mean anything from living in a dangerous neighborhood to having a substance abuse problem. In these sorts of situations, the judge is more likely to give one parent more credence over the other.

The Child's Preference

The courts will also pay attention to the child's wishes. They will, within reason, listen to the child's preference and take it into consideration when passing down a decision.

In many situations, the courts will appoint an officer to communicate with the child while acting as an impartial third party.

How Should You Prepare for a Child Custody Hearing?

It's important that you also consider the correct steps for planning a child custody hearing. You'll need to compile the resources that you need while also using some strategies.

Here are the most important points that you need to know:

Consult With a Child Custody Lawyer

Above all, make sure that you get in touch with a child custody lawyer that can offer a consultation. Not only will they listen to the details of your case and offer solutions and a strategic approach, but they'll also map out a trajectory for helping you get the arrangement that you need.

After the consultation, your lawyer will offer you a contract that will act as a working agreement. From there, they will prepare for a hearing and help you with out-of-court negotiations with the other parent.

Seek Mediation When Possible

Mediation is one of the best things that you can do when you want to turn the temperature down and come to some agreement with the other parent.

The mediation period can also help you come up with child support arrangements without it being contentious. A mediator acts as an impartial party and will help the two of you communicate without it becoming a chore or a battle. From there, the two of you can file a parenting arrangement with the courts without having the process drag out.

Consider Other Aspects of the Split

Be sure that you also consider other arrangements that might have already taken place. Look into whether you have a prenuptial agreement that outlines child arrangements.

You might also use this time to hash out situations related to child support, visitation, and spousal support. Make sure that you and your lawyer revisit these agreements whenever necessary so that you can update your parental relationship in a way that is best for everyone involved.

Create the Child Custody Arrangement That You Need

The points above are useful if you're trying to get the most from your child custody arrangement. Now that you know more about how Utah handles child custody arrangements, you're in a better position to create the right situation.

Fair Price Lawyers will help you out when you're interested in getting the legal representation that you're looking for. To schedule a consultation to learn more about your legal rights, contact us on our website or give us a call at (801)999-0104.

Categories: Divorce