October 8, 2010

Sole Custody | Utah Child Custody Lawyer

Sole Custody In Utah

Sole custody gives one parent or guardian specific rights with a minor child, the different types of custody are discussed below, but will determine whether to award either or both to a particular parent or guardian based on the best interest of the child and also look at the past conduct of the parents or guardians to see which parent will likely act in the best interest of the child and what type of visitation from the noncustodial parent would also serve that best interest. Hiring a Sole Custody Lawyer in Utah is often paramount to the success of your custody claims.

The wishes of the child or a desire of a parent to relinquish custody or give custody to a third party will be considered, but are not controlling on the court’s decision. The court may also look at the desire to keep children together and to respect previous custody agreement if the child is seen to be happy and the personal and legal history of the parents, such as drug use. The ability to get personal time to the children is also a consideration of the court.   

An important consideration for the court is who the primary caregiver for the child is. Who bathes the child? Who puts the child to bed?  Who cooks dinner? Who helps with homework? The court will favor giving custody to the primary caregiver, but it is not the only factor that the court will consider in determining custody.

Physical Custody vs. Legal Custody

Although Sole Physical Custody and Sole Legal Custody are usually awarded to the same parent or guardian, it is important to know the difference.

Sole Physical Custody determines where the child will reside. If you win Physical Custody, the minor child or children will live with you. The other parent will have visitation rights and will pay child support according to state’s child support payment table.

Sole Legal Custody allows one parent to make all of the important decisions in the life of the minor child, including educational and medical choices. 

Determining Custody of your Children? We Can Help.

If you contemplating a divorce or going through a divorce and are concerned with the custody of your children, don’t delay. The sooner you understand and prepare for the process of custody, the better your chances of getting a favorable custody arrangement. Don’t take any chances with your children in a divorce or other proceeding. Hire one of our skilled Utah Child Custody Lawyers today. Call 801.618.1331.