Child Custody

At Pearson Butler, we have decades of experience serving individuals, businesses, and families across Utah in over a dozen practice areas. With more than thirty qualified legal professionals, we have the resources and experience needed to resolve even the most complex legal matters.

Salt Lake City Child Custody Attorney

Comprehensive Representation for Parents in Utah

During a divorce or separation, the issue of child custody can be one of the most difficult to resolve. In order to protect your relationship with your child, it is crucial to have an experienced child custody lawyer in Salt Lake City on your side. Our legal team at Pearson Butler has extensive experience in all issues related to child custody and visitation. We know how to help you achieve your goals and will work with you every step of the way to ensure your rights are protected.

Understanding Child Custody Laws in Utah

Like many other states, Utah has changed the terminology used to describe child custody. Rather than awarding custody to one parent or the other, the courts now make “parent-time” and “parental decision-making” arrangements.

Parent-time is the schedule of when each parent will have the child in their care. It can be a simple schedule or a more complex one, depending on the needs of the family. It can also be modified if necessary.

Parental decision-making is the authority to make decisions on behalf of the child. These decisions include education, healthcare, and religious instruction. The courts can award joint decision-making to both parents or give it to one parent, depending on the circumstances.

There are two types of custody in Utah:

  • Legal custody is the right to make decisions on behalf of the child. It can be awarded to one parent or both parents, depending on the circumstances.
  • Physical custody is the right to have the child in your care. Like legal custody, it can be awarded to one parent or both parents. If it is awarded to both parents, a schedule will be created that specifies when the child will be in the care of each parent.

The courts generally prefer to award joint legal and physical custody. However, if one parent is not capable of taking care of the child, the courts may award sole custody to the other parent. If you are going through a divorce or separation and need help with child custody, our Salt Lake City custody lawyers can help. We will work with you to understand your goals and help you obtain a favorable outcome.

How is Child Custody Determined in Salt Lake City?

When determining child custody, the courts consider what is in the best interest of the child. This is a broad standard that allows the court to take into account all relevant factors. The court will consider the wishes of the child, the child’s relationship with each parent, and the ability of each parent to care for the child.

Other factors the court may consider include:

  • The physical, emotional, and mental health of each parent
  • Each parent’s ability to provide for the emotional and physical needs of the child
  • Whether the child has special needs and whether each parent has the ability to meet those needs
  • Each parent’s level of involvement in the child’s life
  • The child’s adjustment to home, school, and community
  • The child’s relationship with siblings and extended family
  • Each parent’s ability to put the needs of the child ahead of their own

While the court may consider the wishes of the child, they are not bound by them. The court will also consider the child’s age and maturity when determining how much weight to give their wishes. If you are going through a divorce or separation and need help with child custody, our Salt Lake City custody lawyers can help. We will work with you to understand your goals and help you obtain a favorable outcome.

How to File for Child Custody in Salt Lake City

Child custody is an issue that must be resolved in both divorce and separation cases. If you are going through a divorce, you can file a petition for child custody as part of your divorce case. If you are not married to the other parent, you can file a separate petition for child custody. In either case, you will need to have the other parent served with the petition and a summons.

The summons will inform the other parent of:

  • The date and time of the initial hearing
  • The court where the hearing will take place
  • That they are required to appear

After the other parent has been served, you must file a proof of service with the court. The proof of service is a document that shows the court that the other parent was served with the petition. If you have difficulty serving the other parent, you can ask the court to allow you to serve them by publication. This means that you can serve them by publishing a notice in a newspaper in the area where they are believed to be living.

After the other parent has been served, you will need to attend a hearing in which the court will determine temporary custody. The court will also set a date for the trial. During the trial, the court will hear evidence from both parents and make a final determination of custody.

How to Modify Child Custody

Once a child custody order has been entered, it can be modified if there has been a substantial and material change in circumstances. In cases where parents have joint legal custody, the court will generally not modify the order unless they find that the child’s physical, emotional, or mental health is in danger. This is because the court does not want to disrupt the child’s life.

If you want to modify a child custody order, you will need to file a petition with the court and have the other parent served. The court will then schedule a hearing. At the hearing, the court will hear evidence from both parents and determine whether to modify the order. If the court agrees to modify the order, they will then schedule a trial to determine the new custody arrangement.

It is important to note that the court will not modify a child custody order if the child is 16 years of age or older and objects to the modification. The court will also not modify an order if the child is 18 years of age or older and has graduated from high school. If you have questions about modifying a child custody order, we can help. Our Salt Lake City child custody lawyers have a deep understanding of Utah’s child custody laws and can help you obtain a favorable outcome.

Get the Legal Help You Need Today

Going through a divorce or separation is never easy. When children are involved, it can be even more difficult. If you need help with child custody, we can help. Our Salt Lake City child custody lawyers have a deep understanding of Utah’s child custody laws and can help you achieve your goals. We will work with you every step of the way to ensure your rights are protected. We have offices in South Jordan, Bountiful, and Utah County.

Call (800) 265-2314 or contact us online today to schedule a consultation with one of our Salt Lake City child custody lawyers. We will review your case and help you understand your rights and options. We represent clients throughout the state of Utah.

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