Though there are fairly common reasons for couples to want to end their marriage, every divorce can be a little different, especially if children are involved. For instance, some parents try to be cordial and share equal custody of their child or children, while in other cases one parent may be granted a greater custodial role, including receiving child support from the other parent.
Child custody lawyers can help you structure an arrangement that works best for you and your child, as well as confer and sometimes negotiate with your spouse’s attorney who may have their own ideas and suggestions.
Deciding how much time each parent can have with a child along with any amounts of spousal support can become complicated, which is why the services of a child custody lawyer are welcome.
A family law attorney with experience in custody matters can help their client create a realistic custody agreement and visitation schedule that their client believes is satisfactory.
The law office of David Pedrazas, PLLC, top divorce attorney Utah, has extensive experience in family law, including custody situations. We’re always happy to provide general assistance to parents trying to create situations where any children’s needs are considered.
What is Split Child Custody?
One type of arrangement that sometimes works out well for families is something called split child custody or rotating custody. Here, rather than all children living with one parent primarily or jointly living in two households, options can include some children living in one parent’s home and any remaining children in another; or children alternating between parents based on a visitation/custody schedule.
Although courts do prefer that families stay together as much as possible, even in divorce situations, there are some circumstances where a split custody arrangement may be the best option for everyone.
These arrangements require both parents to agree to share legal custody of all children and have physical custody of at least one child all the time.
Why Split Custody Can Work?
A child custody lawyer can discuss the pros and cons of this type of custody arrangement. Possible reasons could include:
Maybe siblings don’t get along with each other or don’t get along with a specific parent to the point of not wanting to live in the same house.
A child may have certain health condition needs, such as a medication, that are better treated by one parent who is more familiar with this type of care.
Mental Health Needs
Disrupting a child’s life might make a condition more difficult.
One parent may live in an area that benefits a child educationally, such as a certain preferred zip code or school zone. Forcing them to move for the sake of a divorce could be detrimental.
If a child is a victim of abuse from a parent, a judge will likely try to keep him or her separate.
Different age needs and preferences. An older child, such as in their mid-teens, may have able to express valid reasons for wanting to live with one parent over another or a shared situation. This would be different than a younger child who may not be as aware of what’s happening.
How Can a Child Custody Attorney Help?
Besides helping clients put together their child custody plan, we also are able to:
- Negotiate with any attorneys of the soon-to-be-ex-spouse who may have created with their own proposals for an equitable child custody arrangement.
- Present the solution in front of a judge for approval once both parties are satisfied.
- In more amicable cases, we help clients create a mostly equal split child custody agreement where both of them share custodial duties. Clients may indicate interest in coming together for major holidays or have preferences on which holiday they would like the child to be a part of, such as Thanksgiving or Christmas.
- In situations that are less amicable, one parent may request or require a more custodial position, but the other non-custodial parent could also request visitation privileges.
Utah Family Law
We always enjoy educating our clients about Utah family law. This whole situation may be new and scary to clients, but as a top divorce attorney Utah, we’re familiar with what people can be feeling and seeing. We’ve been working in this field for more than 20 years and have been involved in more than 1,000 divorce and family law cases.
For instance, Utah courts encourage both parents to agree on a parenting plan that has the child’s welfare as a priority and focuses on their best interest. Courts are more likely to approve plans where both parents indicate interest in being involved.
A child’s preference can play a role, and which parent played a larger role prior to the divorce also could be a factor.
Utah courts also encourage divorcing clients to try to settle matters out-of-court through mediation, which could include more collaboration and less courtroom time.
Every divorce situation is different, but the majority of parents want to continue playing a role in their children’s life. That’s why we’re always happy to offer as child custody lawyers consultation to potential clients who want to know their rights, whether they’re a mother, father, even grandparent. Please contact us to learn more