Hi everyone, my name is Trevor Osborn, I’m a Utah Attorney working at Red Law. When the court is deciding which parent should receive custody, they’re going to look at a number of factors. They’re going to look at the moral standards of the parties; they’re going to look at the past conduct of the parties; they’re going to look to see where the children have been in the past, perhaps few months since separation, and if.
The children are in a routine that’s good for themwhether the children are happy there; They’re going to look at at the depth and quality of the relationship between both of the parents and the children. The court is going to look at whether each of the parents are capable of encouraging a good relationship between the children and the other parent; they’re going to look at whether both parents were involved.
Before the divorce in the raising of the children, whether both parents were the caregivers of the children; they’re going to look at whether the parents have the ability to put the children’s interests above that of their own. The court is going to look at what kind of custody arrangement is going to create an environment that’s going to be the best for the children emotionally, psychologically, mentally, and physically. Now the court will consider the input of the children, but before the courts going to let the children.
Have an impact on what their custody arrangement is going to be, for example one of the children might say, quot;I want to live with mom,quot; or quot;I want to live with dad,quot; the court wants to see that the child is mature enough and capable of reasoning through the nuances of choosing his own or her own custody arrangement. That’s a big decision. Now, by statute, the court says, quot;Look, if the child is 14 years old, we’re going to put a little more weight.
On the preference of the child than if they were younger than 14 years old.quot; But by and large what the court is going to look at is what is in the best interests of the child. That’s the magic language. The court is always going to defer to what’s in the best interests of the child. So, even though the court will consider those factors that we just mentioned, the court can also consider any factors that it deems relevant so long as those factors are contributing to what the court thinks is in the best interests of the child.
Now when we’re talking about which parent is going to be awarded custody, we’re really talking about two different types of custody. We’re talking about (1) physical custody on the one hand, and we’re talking about (2) legal custody on the other hand. When we’re talking about physical custody we’re talking about the physical placement of the child. We’re talking about, specifically, the overnights that the child is going to spend at the different parents’ homes. So if one parent, for example, was awarded primary.
Physical custody that means that that parent is going to have at least 255 overnights each year with that child. Meaning that the other parent is only going to have, at most, 110 overnights with the child. If joint physical custody is awarded that means that (both) parents have to have at least 111 overnights with the children for the entire year. Now that.
Utah Child Custody
Hi my name is the Stacy Roberts and I am an attorney here at Long Okura. If you’re going through a divorce proceeding or any proceeding where children are involved there’s a few things you should know about child custody. First of all there are two different types of custody that can be awarded in your case. There is Physical Custody and Legal Custody. Physical Custody is where the children spend the night. If you are awarded sole physical custody it means the children are with.
You for the majority of the overnights in one year. It means you have twothirds of those overnights. If joint physical custody is awarded it means the parents are splitting these overnights and they’re with each parent equally or the parents have at least one hundred and eleven overnights each year. There is also legal custody and this regards who makes the major decisions in a child’s life regarding religion, education, residence.
And any major health issues. Sole legal custody means that one parent is making these decisions but they’re communicating these decisions to the other parent. Joint legal custody means the parents cooperate and decide together in any of these majors decisions for a child. In your decree or any final document there should be how these final decisions will be made if there is any disagreement. Whether you’re going to go to mediation to decide or if one parent is going to be the default.
Decision maker. When a court is making the decision on these custody matters they look at several different factors in a child’s life. The most important is what is in the child’s best interests. They also look at who has been the historical primary caregiver for the child, any current arrangements or status quo that has been reached in the case, if there are siblings involved, if special bonds have been created with the parent,.
What are the the moral character and emotional stability of each parent, the situational stability of a parent, also how much time does the parent have available to spend with the child. Any significant impairments of a parent may also be taking into consideration, but disability is not a factor when the court is deciding. If any parents has relinquished custody or has not been involved in the child’s life the court will also take this into consideration. In summary there are two types of child custody: physical custody and legal.
Custody. There’s also various factors that the court will take into consideration in awarding these different types of custody. If you have any questions please contact Long Okura and setup an appointment with an attorney so we can tell you which factors maybe most important in your case.