The child's best interest is the most important consideration in custody arrangements.
Typically, courts prefer it when parents can compromise on an equitable custody arrangement that both parties find mutually beneficial. Most judges assume that parents understand their child's best interests better than the court does, so they prefer to leave the custody arrangement in the parents' hands.
Mediation and Child Custody
Many judges ask parents to use a form of alternative dispute resolution, like mediation, to try and reach a compromise on their custody arrangement. If the parents can agree on the terms of their custody arrangement, they'll draft and sign a joint parenting plan to present to the court. The judge will then examine the parenting plan and sign it if it's legally sound, finalizing the case and making the custody arrangement official.
However, sometimes, parents cannot agree on a custody arrangement, even after extensive negotiations. The court will ask each parent to draft a parenting plan in these cases. The judge then considers each independent parenting plan and uses that information—as well as any information gathered from the case so far—to draft a court-mandated parenting plan on behalf of the parents.
How Courts Determine the Best Interests of the Child
In custody cases, courts may consider:
- Moral standards and conduct of both parents
- Bonds between the child and each parent
- The child’s physical, emotional, and psychological needs
- Parents’ ability to cooperate in making decisions
- The ability of the parents to reach shared decisions
- Participation of each parent in raising the child before the divorce
- The child’s preferences (if appropriate)
- Any history of abuse, including alcohol or drug abuse
If you are involved in a custody dispute, call Nelson, Taylor & Associates PLLC today at (801) 901-7046 or contact us online to meet with our experienced Salt Lake City child custody lawyer!
What Makes a Parent Unfit in Utah?
If you are attempting to gain custody from what you feel is an "unfit" parent, then there are several scenarios that you must prove:
- Has there been any sexual abuse towards the child?
- Do you have proof of child neglect?
- Has the parent been convicted of a crime that inhibits their ability to care for the child?
- Has the parent attempted to threaten the life of the child?
If you cannot prove any of these, you can still file against them for being unfit if they cannot adjust to their role. This means the parent hasn't taken the bare minimum to protect or care for the child. Our experienced Salt Lake City child custody attorney can assist you through this process if any questions arise.
What Age Can a Child Decide Which Parent to Live With in Utah?
Under certain circumstances, a child may be capable of giving input on their custody case. While there is no set age to when a child can set preference on child custody, a Utah court will give more weight to a child's decision if they are older (14+).
A judge will also examine the reasons as to why the child wants to live with one parent over the other. The child's best interests are the priority, and custody will be awarded to the parent who gives that child a safer and more comfortable environment.
If the court considers a child's opinion, the judge often takes extra measures to ensure that any other participants in the case are not manipulating the child. The court may employ an impartial third party, like a child psychologist, to ask the child questions and ensure they advocate for their best interests. For further questions, consult with one of our experienced Salt Lake City child custody lawyers.
What Is a Parenting Plan & Why Is It Important?
Parenting plans play a vital role in custody cases. Parenting plans lay out the terms of a custody arrangement.
Your parenting plan will include information such as:
- How much time the child spends with each parent
- What type of care can the parents provide the child (health insurance, academic assistance, etc.)
- How the parents intend to maintain the child's well-being post-divorce
- How the parents intend to handle events like holidays that may interfere with the custody arrangement
- How the parents act around each other
- How the parents will act around the child (for example, many parenting plans specify what actions parents can take to discipline a child, prevent the parents from disparaging one another in front of the child, etc.)
- Boundaries the parents will share with the child
- What the parents will do if one of them falls ill
- Anything else the parents or the court deems essential, depending on the specificities of the case.
As mentioned, parents should agree rather than allow the court to make the final determination regarding custody. Our Salt Lake City child custody lawyers can work with you to develop a parenting plan that includes custody information and a visitation schedule. When a peaceful agreement is not possible, you can count on our experienced Salt Lake County custody attorneys to fight in court for your rights and best interests.
Can Visitation be Denied to a Noncustodial Parent?
A noncustodial parent's visitation rights cannot be withheld. If a prior court order for visitation rights is changed, denying noncustodial parents visitation rights is unconstitutional. If the custodial parent suspects the noncustodial parent of harming the child, the custodial parent should notify and report the violence right away.
Consequences for Denying Visitation
Visitation dates may clash in some situations, and both the custodial and noncustodial parent may be unable to adhere to the authorized visitation order schedules. When certain situations arise infrequently, the parents must collaborate to devise an arrangement that helps the noncustodial parent meet their visitation obligations. If you cannot come to an amicable understanding, contact our law firm today to speak with our Salt Lake City child custody lawyer.
Contact Our Salt Lake City Child Custody Attorney Today
Our Salt Lake City child custody lawyers use our extensive knowledge and experience in divorce and family law to provide realistic advice to our clients. We will assess your situation and explain how the law pertains to your circumstances so you know what to expect. Our Salt Lake City child custody attorneys offer free consultations to allow you to get advice for your situation and have your questions answered.
Contact Nelson, Taylor & Associates PLLC today to schedule a meeting with our child custody lawyer in Salt Lake City!
