When you get married and have children, the last thing on your mind is getting divorced. Unfortunately, there are times when it is in the best interest of both parties to separate. When one or both parties decide that divorce is necessary, a tough process gets started.
Divorces are very hard to deal with. They are emotional times for everyone involved. If there are children involved, then the whole situation changes. With children, it cannot simply be two adults parting ways. Children belong to both spouses and they are responsible for their well-being.
When you need a child custody attorney, you can contact Emy A. Cordano, Attorney at Law. With her, you will be in good hands.
Child support and child custody are closely intertwined. Let’s quickly define a few terms here:
Physical custody deals with where the children will actually live.
Legal custody deals with who has the right to make legal decisions for the children (education and medical decisions).
For both types of custody, parents can be awarded sole or joint custody, but it does not have to be the same for both types. Both parents can have legal custody while only one has sole physical custody. Both parents can share legal and physical custody.
The ultimate goal of Utah’s child support and custody laws is to make sure both parents continue to support their children after separation. According to state law, both parents are responsible for financially supporting their children, regardless of who has custody. The court will examine what is a fair amount for each parent.
Much of that will depend on who has physical custody of the children. If there is joint custody, then both parties will likely be asked to bear a financial amount towards the child’s care. If one parent has sole custody, the non-custody parent will likely be required to pay more financially than the parent who has custody.
After a separation, the lives and situations of both spouses will change over time. One parent may lose a job or have to move. A parent may get a promotion. There may also be instances where a parent becomes addicted to drugs or alcohol and should no longer remain where they are.
If that happens, you may have to petition the court to modify custody arrangements. That is common, but it is easier to do when you have an attorney to help with the process.
Do not wait to seek legal advice if you are getting divorced and there are minor children involved. If the divorce is contested, it is especially important to seek assistance from an experienced attorney. Nothing is worse than losing custody of a child. There is so much at stake and you want to make sure someone is representing you in court.