Child Custody Frequently Asked Questions
How Does Family Court Decide Custody?
The Utah Family Court decides custody according to the child’s best interest. That fact remains whether parents agree or disagree on custody arrangements. Joint custody is typically decided unless the child has special needs, the parents reside in separate states or live far apart, there is a history of domestic violence or abuse whether emotional or physical or evidence of neglect. The court determines the best interest of a child based on factors found in the Utah Code Section 30-3-10. Some of these factors include: financial conduct, nature of parent-child relationship, willingness to allow frequent contact with the other parent if the court finds no other circumstances, ability and desire to care for the child, relationships with other family members who are significant in the child’s life, history of violence, abuse or neglect, siblings, and the child’s own wishes.
Who will get custody of our Child?
The court will decide joint or sole custody based on several factors. The ability of the parent to make the child’s welfare his/her priority, whether joint decisions could still be reached, the ability to co-parent and communicate and encourage love and affection for the child, and the parent’s maturity and ability to provide for and protect the child should conflict arise
Hear From Our Happy Clients
At Eric M. Swinyard & Associates, PLLC, your satisfaction is our priority! See for yourself what our clients have to say about working with us.
-
Eric did an awesome job.
Eric did an awesome job for my heavily contested custody case. Each of the professionals we worked with seemed to speak very ...
Gavin S. -
I would definitely refer them to others for any legal needs!
I worked with Eric and his team during a stalking case. They were awesome to work with! They kept me informed and comfortable ...
Mallory H. -
He is very prompt with his responses to emails and phone calls which makes the process less stressful.
Eric was very knowledgeable about the process and explained the options available without pressuring me into something I was ...
Amy Lee -
He handled all matters promptly and thoroughly. He cares deeply about his clients and makes sure their needs are fully understood.
Eric is an outstanding attorney. He handled all matters promptly and thoroughly. He cares deeply about his clients and makes ...
Thomas M. -
I have had an absolutely positive experience through and through with them. They’re professional, empathetic, and ethical. I wish I could give more than 5 stars.
It takes a lot to say that you love the experience you had with your lawyer, but it’s true. Ryan Ficklin is awesome. Eric ...
Nicolle G. -
Highly recommend Eric and Preston without reservation. Their fees are more than reasonable and their service more than expected.
Very professional and represented both parties fairly. At the end of the day, we received such empathy and understanding at a ...
Bart -
This was all so stress free. I’m extremely great full for Preston and his staff for putting forth all the time to help me out!
Guys! I had THE best experience! I had NO idea how to file for my divorce but Preston was amazing, very patient and made sure ...
Dalisa -
I couldn’t be more pleased with the results and would definitely recommend Eric to anyone looking for a fantastic lawyer and a great price. You won’t be disappointed.
Eric is amazing! I have worked with several lawyers over the years and Eric is the first I have felt actually cared about my ...
Logan
Can a parent refuse to allow visitation if child support is not paid?
The law in Utah is clear on whether contact between a parent and child can be withheld because of a parent’s refusal or inability to pay child support. Parent time with a child because of non-payment of child support cannot be withheld by the custodial parent.
What is joint custody? What is sole custody?
Joint custody is an arrangement whereby the child lives with both parents for a specified amount of time. Both parents are involved in making important decisions relating to the child and the good communication lines are open. Joint physical custody stipulates the child live at least 111 days in the home of each parent, each year and works best when parents live in proximity to each other. Sole physical custody stipulates that the child lives with one parent at least 225 days each year. Both parents continue to make decisions based on what is best for the child.
Do grandparents have custody and visitation rights?
Grandparents do not have legal visitation rights. They could have visitation rights but only if there is an independent cause of action in the court to preserve those rights. If the child has been removed from both parents, grandparents could have legal rights, but they must be pursued through the court.
What is a parenting plan, and do I need one?
If there is a joint or physical custody granted to both parents, a parenting plan must be submitted to the court that will prove that parenting time will be allocated to the child. It is a consideration allowed to both parents and is convenient in setting schedules and planning holidays.
How long after a case is opened will i receive child support
Once a court has decided custody and child support has been set, the parent ordered to pay child support must register information with the court and payments are set to begin, usually within 30 days. If a parent does not pay child support as ordered, the custodial parent can go through the court to collect money owed to the child. Once a case is opened, a case record is established within 20 days and action on the case begins. The length of time depends on the circumstances.
When and how do i modify or change a child custody order?
A parent must show how circumstances have changed in order to have a custody agreement modified. The ability to take care of a child, the loss of health or a job would qualify as circumstances that could be granted a modification. The parent seeking the modification must also show how it is in the best interest of the child to change a custody agreement. If the parent can prove a present danger to the child’s health or well-being, a court could grant an immediate custody change.
How can i increase my chances at getting a larger custody agreement?
Several factors will determine a larger custody agreement. The court will always take into consideration what is best for the child before making any decisions on a requested larger agreement.
What are the different types of custody arrangements?
Part-time custody means that one parent has visitation rights and is referred to as the non-custodial parent. The court can order joint custody when the parents are agreeable. The time between them is split each year and this type of agreement is known as joint physical or joint legal.
If my ex stopped paying child support, do they still get visitation?
According to Utah law, a parent continues to receive visitation rights if they don’t pay child support.
What is child custody mediation?
Mediation is arranged when neither can agree and a third party helps mediate the conversation and agreement between the two. It does not involve the court, is private and professional, and allows parents to reach a custody and support agreement.
