It is advisable to hire child custody attorneys to iron out child custody issues as they can be sensitive.
In Utah, custody issues may be dealt with in a separate case or as part of a divorce, separate maintenance, temporary separation, annulment, parentage, adoption, neglect and dependency, or termination of parental rights case. Depending on the nature of the case, a custody order may be issued by a district court or a juvenile court. It is advisable to hire child custody attorneys to iron out child custody issues as they can be sensitive and involve a high level of emotion as the outcomes will affect the future relationship with children for each parent and will cause disruption to the Stability of the children regarding their:
- Habitat),
- changes in everyday life,
- feelings of anxiety etc
- Situations where they will have different outcomes compared to the constants that a previous two-parent household may have provided.
An experienced child custody attorney is an asset to allaying many daunting fears for clients as they battle through child custody disputes.
Custody vs. Responsibility
A Salt Lake City child custody attorney can explain state child custody laws to clients as they address the legal responsibilities of both parents to their children. In Utah, the laws deal with physical custody and legal custody. Sometimes one parent is granted sole physical custody of a child, meaning the child lives with one parent who makes important decisions about a child’s life and the other parent is the non-custodial parent who typically takes parental leave with the child Has.
- Physical Custody – Custody that is in the best interest of the child, taking into account a variety of factors such as age, parental preferences, parental mental and physical health, child’s community, school and home environment; parental history of violence; Relationship to child and moral standing.
- Parental Leave – A parent who has not been granted custody or joint custody of a child is entitled to reasonable visitation. If parents cannot agree on a parental leave schedule, state law provides for a minimum parental leave schedule.
- Effects of Family Violence – In cases where there is a history of family violence or domestic violence, including sexual abuse, a court may award custody or custody under state domestic violence laws recognize how to deal with people.
Joint custody is presumed to be in the best interests of the children, but where the parents live too far apart or other factors would affect a child’s stability, the court may decide sole custody if:
- one or more children have special needs,
- parents live far apart
- There is domestic violence, neglect, physical abuse, or emotional abuse involving one of the children, a parent, or a member of the parent’s household, or
- there is another factor which the court considers relevant.
Parental Responsibility
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Parental responsibility has more to do with decisions that affect a child’s life and activities. Responsibility for these decisions can be shared equally despite physical custody of a child.
Custody Changes
Custody attorneys are instrumental in changing custody when parents disagree about evolving custody issues. Legal counsel may need to appear in court because the custody change is illegal unless ordered by the presiding judge.
Sources:
https://le.utah.gov/xcode/Title30/Chapter3/30-3-S35.html
https://www.utcourts.gov/statutes/?s=30-3-10
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