Utah Child Custody FAQ

Child custody mediation features both parents and advocates discussing with a third party to determine what is best for the child involved. It ensures that the two parties open up viable discussions. This strategy is characteristically cheaper than going through a court process.

A primary caregiver is an individual selected by the court to cater for the child’s emotional and physical needs. Such a person is recognized as the custodial parent.

There are different ways for a court to determine the best custodian. The pivotal guiding principal put into consideration is the child’s ‘best interest.’ The court may supersede parents’ suggested plan whenever a child’s interests are not put into consideration.

The court reviews many factors to decide on the child/children’s best interests. They consider what parents wish to do as well. Additionally, the court may consider the child’s preferences. Nonetheless, no single preference, even the child’s, is a pivotal deciding factor.

Utah family courts give the first preference to parents. Nonetheless, there are cases where non-parents get custody of a child. A particular criterion is employed to govern the process of someone who is not the parent to become a custodial parent or a guardian. For full custody of this nature to get authorized, parents must be abusive or absent.

Various custody structures are available. They start with legal and physical custody of the child.

• Physical custody – This arrangement features where a child lives most of the time.
• Legal Custody – who make vital decisions regarding the child’s welfare.

In most of the cases, the court strives to strike a balance that grants joint custody. However, it is likely that legal and physical obligations can split between the involved parents in diverse ways.

• Sole legal and sole physical
• Joint legal and joint physical
• Split custody
• Joint legal and sole physical

Fathers have rights. However, they must first establish their paternity.

No parent can lose their court-ordered visitation rights even when they do not pay child support.

Parent Time is the ability of the involved non-custodial parent to spend some quality time with their child.

A parent can at any time file a “Voluntary Relinquishment” petition.

No. You have visitation rights as ordered by the court. Nevertheless, there are times when you have to impose those rights to bypass roadblocks set up by your ex.

Children of any age are allowed to say their preferred parent. The court will look into your child’s preference. Nonetheless, the court will have the final say on which parent is suited to remain or become the custodial parent.

A parenting plan is described as an agreement between parents on how they will raise and support their child after a separation or divorce. It is a requirement by law in Utah for all custody cases.

It is possible to file a ‘Petition to Modify’ motion. You should have a compelling reason and should go through the legal process.