When it comes to divorce, most people agree that the hardest thing to deal with is issues relating to the children who are involved. Divorce is emotional, but it can be especially hard on the kids.
That is why the Utah court system tries to do what is in the best interest of the children with each case. They will look at the whole situation, from the financial stability of each parent to the possible living arrangements.
In the end, a settlement has to be reached. If you need a sole custody attorney in the Avenues, then turn to Emy A. Cordano, Attorney at Law, for help. She has years of experience and will work with you to obtain the best possible outcome for your child.
First, we want to make sure you know the difference between the two types of custody.
Physical custody refers to where the child will reside.
Legal custody refers to which parent or guardian gets to make legal decisions regarding the child (education, medical, etc.).
With both types of custody, it needs to be determined which parent has what type of custody. There can be both sole and joint custody for both types.
Many people think that a parent has sole custody because the other parent is unfit. While that may sometimes be the case, that is not always true. One parent may have a job that requires them to travel often which means the child would find more stability with the other parent. In that scenario, one parent may have sole physical custody while both parents have joint legal custody.
There may indeed be time when one parent is unfit to have either physical or legal custody. This could be because of criminal behavior, substance abuse, or physical abuse allegations.
A non-custodial parent will usually be granted visitation rights unless there are extenuating circumstances.
When it comes to custody arrangements, the court will take all of this into account. Please note that final custody decisions are COURT ORDERED and must be abided by.
There may be times when one or both parents experience life changes (new job, criminal proceedings, etc.) that necessitate custody changes. An attorney can help you petition the court for necessary adjustments to child custody arrangements.
We know this is an emotional time for you but figuring out custody arrangements is necessary. Divorce is already disrupting enough for a child, so they need to be settled in as quickly as possible with a new routine. The family court system is going to make the decision they think is in the best interest of the child, so you need to ensure they see the entire picture. You can do this by securing a strong sole custody attorney in the Avenues.