When parents of young children are divorcing or if the relationship between an unwed couple fails, those children share the same fear and uncertainty their parents are experiencing. Utah courts prioritize the best interests of children. This is particularly true when it comes to awarding sole or joint custody.
Child custody is one of the most complicated and delicate issues in a divorce or paternity/custody case, which is why you need a skilled Salt Lake City child custody attorney by your side throughout the process. The court must take several factors into consideration to determine what is in the best interest of the child. This includes factors such as the parents’ past conduct, child-rearing skills, as well as their mental and physical health, amongst others. When sole custody is the best solution, it is vital that the parent seeking sole custody meets the requirements set by the Utah legislature to qualify as a sole custodial parent.
I am Salt Lake City sole custody attorney Emy Cordano, founder and managing attorney at EMY A. Cordano, Attorney at Law. When you retain my law firm, you retain me. I will handle all aspects of your custody case. I will listen to you and inform you of your options in the pursuit of custody. From the very first meeting, I develop tailored strategies that match your needs and goals in pursuit of the best resolution on your behalf.
Need help with child custody matters? Contact us today at (801) 901-8159 for a consultation and get the legal support you need.
Understanding the Types of Sole Custody in Utah
When working to understand sole custody, we need to look at the two types of sole custody that may be awarded in your case – sole physical custody and sole legal custody.
Sole physical custody: This typically refers to where a child will reside. When sole physical custody is ordered, it means a child lives with one parent full time. However, in most sole custody situations, the other parent will enjoy parent-time rights. The other parent will also be required to pay child support based on the Utah Child Support Guidelines.
Sole legal custody: This refers to which parent has the right to make specific legal decisions regarding their child, that is, educational, medical, and religious decisions.
If a parent is awarded sole physical custody, it does not mean they will automatically be awarded sole legal custody, and vice versa. For example, one parent could have sole physical custody while both parents share legal custody of the child. Conversely, one parent could have sole legal custody of the child while both parents have shared physical custody of the child.
Why Would Sole Custody Be In the Best Interest of the Child?
There are various reasons why sole physical custody and sole legal custody may be the best option in the aftermath of a divorce or termination of a relationship.
Many considerations will come into play when considering whether or not to award sole custody to a parent. This will include whether the mother or father served as the primary caregiver during the marriage or relationship. If one parent is addicted to alcohol or drugs or has a criminal background, this could be a strong motivating factor in awarding sole custody to the other parent. Additionally, the courts may be compelled to award sole custody in the event one parent is physically abusive.
How the Court Determines the Best Interest of the Child
In Utah, courts prioritize the best interest of the child when making custody decisions. Several factors are taken into account to ensure that the child’s needs are met, both emotionally and physically. Some of the key criteria include:
Child’s Age and Needs: Younger children may require more stability and care, which could lead the court to favor the parent who has been the primary caregiver.
Emotional and Physical Well-Being: The court will assess the child’s emotional bond with each parent, as well as the physical environment each parent provides. A stable, nurturing home environment is essential for the child’s well-being.
Parents’ Ability to Provide: The court will examine each parent’s ability to provide for the child’s needs, including housing, education, and emotional support.
Parental Cooperation: The willingness of both parents to cooperate and communicate regarding the child’s needs can significantly impact the court’s decision. A parent who is willing to facilitate a relationship between the child and the other parent is often favored.
History of Abuse or Neglect: Any history of abuse, neglect, or substance abuse will be considered, as the court aims to protect the child from harm.
Modification of Custody Orders
Custody orders are not set in stone. Life changes and circumstances may require adjustments. In Utah, custody orders can be modified under certain conditions. Here’s how and when modifications can happen:
Substantial Change in Circumstances: To request a modification, there must be a significant change in circumstances, such as a parent moving away, a change in the child’s needs, or a parent’s inability to meet the child’s needs.
Process for Modification: A parent can file a petition with the court to request changes to the custody order. The court will review the circumstances and make a decision based on the child’s best interests.
Visitation and Support Modifications: In addition to custody, visitation and child support orders can also be modified if necessary. For example, if a parent’s financial situation changes, the child support amount may be adjusted.
The Role of Mediation in Custody Cases
Mediation is an essential tool in resolving child custody disputes outside of court. Mediation offers several benefits:
Cost-Effective: Mediation is often less expensive than going through a lengthy court battle.
Less Stressful: It allows parents to communicate directly with one another, often leading to less conflict and a more amicable solution.
Custody Agreements That Work: Through mediation, parents can create a customized custody agreement that works for everyone, especially the child.
Better Co-Parenting: Mediation helps parents learn to communicate better and cooperate, which is crucial for a successful co-parenting relationship.
Voluntary: Mediation is typically voluntary, meaning parents can agree on terms and avoid court involvement, as long as both are willing.
Working together in mediation can help create a custody arrangement that’s in the best interest of the child, while also preserving the parents’ relationship and reducing future disputes.
We Help Unwed Couples in Utah Deal With Custody Issues as Well
Salt Lake City child custody lawyer Emy Cordano understands that unmarried couples deal with similar child custody issues that married couples do. That does not make the child custody process any less important or difficult. We are ready to help you get through your custody issues regardless of your marital status. It is vital that the child and the parents end up with a stable custody situation, so please reach out to us for a review of your case regardless of whether or not you are married.
Contact us for review of your case. If you are going through a divorce or separation and are struggling with child custody-related issues, you need to contact an attorney as soon as possible. Salt Lake City child custody lawyer Emy Cordano will work to investigate every aspect of your child custody case in order to secure the best possible outcome for you and your child.
Frequently Asked Questions About Custody Cases
Can I get sole custody if my co-parent and I cannot agree on anything?
In some cases, if parents cannot agree on a custody arrangement, the court may intervene and make a decision based on the child's best interests. However, sole custody is not automatically granted due to disagreements. The court considers factors like the ability to co-parent, the child’s needs, and the overall stability each parent provides.
Can the child choose which parent they want to live with?
In Utah, children aged 14 or older can express their preference about which parent they wish to live with. However, the court is not bound by the child’s wishes and will always prioritize the child's well-being when making a final decision.
What happens if one parent violates the custody agreement?
If a parent violates the custody agreement, the other parent can file a motion with the court to enforce the order. Possible consequences for violations include modifications to custody, contempt of court charges, or fines.
Can a custody order be changed after it's been made?
Yes, custody orders can be modified if there is a significant change in circumstances, such as a parent moving, a child’s needs changing, or a parent’s behavior altering in a way that affects the child’s welfare. A motion must be filed with the court to request a modification.
How does the court handle situations where both parents want sole custody?
When both parents request sole custody, the court will evaluate each parent’s ability to provide for the child’s needs, their relationship with the child, and other relevant factors. The court will determine what arrangement serves the best interests of the child, which could result in joint custody or one parent being awarded sole custody.
What role does the child’s relationship with extended family play in custody decisions?
The relationship a child has with extended family members can influence custody decisions, but it is not the primary factor. The court will look at the overall environment the child would be placed in, and whether relationships with extended family would contribute positively to the child's upbringing.
Struggling with custody issues? Contact us at (801) 901-8159 to schedule your consultation and discuss your case with an experienced attorney.
