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(801) 254-9450 (801) 254-9450 Carr | Woodall recognizes the complexities and sensitivities involved in child custody cases. As experienced family attorneys serving South Jordan and its surrounding areas, we understand the profound impact these matters can have on families.
Our commitment is to provide compassionate and strategic legal guidance to safeguard the child’s best interests while advocating for our client’s parental rights. Call Carr | Woodall today to schedule a consultation with one of our South Jordan child custody lawyers.
In Utah, child custody decisions are carefully evaluated, with the child’s best interests taking priority. Courts consider a range of factors to determine the most suitable custody arrangement. These factors include:
Each Parent’s Ability to Care for the Child: Courts assess each parent’s capability to provide for the child’s physical, emotional, and developmental needs. This includes providing a safe and stable home environment, meeting educational and healthcare needs, and fostering emotional support.
The nature and quality of the parent-child relationship are significant factors in custody determinations. Courts consider factors such as the level of involvement in the child’s upbringing, the quality of the bond between parent and child, and the history of caretaking responsibilities.
While financial resources should not dictate custody decisions, courts may consider each parent’s financial situation to ensure the child’s needs are adequately met. This includes assessing each parent’s ability to provide for the child’s necessities, educational expenses, and extracurricular activities.
Courts may consider each parent’s preferences regarding custody arrangements. However, parental desires alone are not determinative and must align with the child’s best interests.
Courts value a parent’s willingness to foster a positive relationship between the child and the other parent. This includes encouraging regular contact, facilitating communication, and supporting the child’s relationship with extended family members.
The court may also consider the impact of custody arrangements on extended family relationships, such as grandparents, siblings, and other relatives.
Courts carefully examine any history of domestic violence or abuse involving either parent. The safety and well-being of the child are paramount, and past incidents of domestic violence may significantly influence custody decisions.
There are several types of custody that the court can grant either parent in the event of a divorce.
Legal custody entails the authority to make significant decisions concerning the child’s upbringing, including education, healthcare, and religious upbringing. In most cases, joint legal custody is favored unless circumstances necessitate sole legal custody.
This aspect determines where the child primarily resides and the allocation of time spent with each parent. It may be granted solely to one parent (sole physical custody) or shared between both parents (joint physical custody), with considerations such as parent-child relationships and practical logistics guiding the arrangement.
In cases where immediate decisions regarding custody are necessary before a final court order is issued, temporary custody may be granted. Temporary custody arrangements are typically established to ensure the child’s well-being and stability during the legal process.
Even though the court considers a child custody order “final,” it retains the power to alter its terms in the future. This is because the courts retain jurisdiction over parenting time issues until a juvenile reaches the age of majority, which in many cases is years after a divorce is finalized.
However, a judge must find a material change in circumstances for them to modify these terms. This requirement prevents parents from filing frivolous motions to modify when they are unhappy with the outcome of their case.
A change is considered material when it dramatically alters the needs of the parents or the child, rendering the current parenting time arrangement unfair or unreasonable. Some examples include serious illnesses, relocation, remarriage, or evidence of abuse.
What does not change is the focus on the best interest of the child. Even if there is no dispute that circumstances have changed, a judge will only alter the parenting plan if it benefits the child to do so.
It is one thing for a judge to determine how two parties will share custody and parenting time over a juvenile, but it is another for each party to comply with the court order. Unfortunately, some individuals carelessly or intentionally violate the terms of the agreement, but there are options for enforcing parental rights when this happens.
This generally begins with the filing of a motion in the court where the underlying custody case was decided. If a parent fails to comply, they can be found in contempt. Consequences of a contempt finding can include fines and even jail time.
As frustrating as this situation might be, it is vital not to retaliate. The other parent’s failure to comply with the terms of the court order does not give you the freedom to do the same. To protect yourself, always rely on the guidance of a South Jordan child custody attorney to work through the court system and enforce those rights instead of putting yourself in jeopardy.
Divorce has a reputation for being contentious, especially when minor children are involved. Most parents are willing to fight a legal battle over access to their children, but in many situations, this is not necessary. With the help of a mediator, it may be possible to reach an agreement that both sides can live with and avoid the costs and frustration that come with contentious disputes.
Mediation is a type of alternative dispute resolution. Instead of going to trial, this approach relies on a third party—the mediator—to sit down with both sides to work something out. Mediation can happen when everyone is in the room together, or it might involve the mediator going back and forth between parties in an effort to find common ground.
You might be surprised how often this approach secures a favorable outcome. Additionally, you have the right to a lawyer throughout every stage of the process. If the two sides are unable to come together to form an agreement, the option to litigate a custody dispute is still on the table.
Get in touch with a South Jordan child custody lawyer to learn more. We can guide you through the legal process of obtaining or modifying custody orders and answer any questions you may have. Call now.