Provo Child Custody Attorney

Protecting Your Relationship with Your Children

When you and your spouse are going through a divorce, one of the most difficult aspects is determining how to divide your time with your children.

At Eric M. Swinyard & Associates, PLLC, we know how important it is for you to maintain a strong relationship with your children. Our Provo child custody attorney is committed to helping you protect your parental rights and your relationship with your children. We will fight to help you obtain the custody and visitation arrangement you desire.

Call (801) 515-4133 or contact us online to schedule an initial consultation with our child custody lawyer in Provo.

How Is Child Custody Determined in Utah?

There are two different types of child custody in Utah:

• Legal custody: This refers to the right to make decisions about your child's life, including where they go to school, what religion they follow, and what medical treatments they receive.
• Physical custody: This refers to where your child lives and how much time they spend with each parent.

When making a child custody determination, the courts in Utah consider the "best interests of the child" standard. This means that the judge will consider all relevant factors and determine the custody arrangement that will best serve the child's physical, emotional, and mental needs.

Some of the factors the judge will consider include:

• The child's relationship with each parent
• The child's preference (if they are old enough to express one)
• The child's adjustment to their home, school, and community
• The physical and mental health of each parent
• Any history of domestic violence or child abuse

In Utah, the courts presume that it is in the child's best interests for each parent to have frequent and continuing contact with the child. However, the judge will consider any history of domestic violence or child abuse when making the custody determination.

What Is the Difference Between Joint Custody and Sole Custody in Utah?

There are two different types of custody arrangements in Utah:

• Joint custody: This means that both parents have the right to make decisions about their child's life. It also means that the child spends a significant amount of time with each parent.
• Sole custody: This means that one parent has the right to make decisions about their child's life and the child spends most of their time with that parent. The other parent may have visitation rights but does not have the right to make decisions about the child's life.

In Utah, the courts presume that it is in the child's best interests for the parents to share joint legal custody. However, the judge will consider all relevant factors and determine the custody arrangement that will best serve the child's needs.

Even if you share joint legal custody with your ex-spouse, the judge will still designate one of you as the primary physical custodian. This is the parent with whom the child will primarily reside. The other parent will have visitation rights.

How Can I Modify a Child Custody Order in Utah?

In Utah, a child custody order can be modified if there has been a substantial change in circumstances since the order was issued. If you and your ex-spouse agree to the modification, you can submit a written agreement to the court, and the judge will approve it as long as it is in the child's best interests.

If you and your ex-spouse cannot agree to the modification, you will need to file a petition with the court and demonstrate that there has been a substantial change in circumstances. If the judge determines that there has been a substantial change in circumstances, they will then consider whether to modify the custody order based on the child's best interests.

How Can a Child Custody Attorney in Provo Help Me?

If you are going through a divorce and you have children, you need an experienced child custody lawyer in Provo on your side. At Eric M. Swinyard & Associates, PLLC, we can help you understand the child custody laws in Utah and the factors that the judge will consider when making the custody determination.

If you and your spouse can agree to a child custody arrangement, we can help you draft a parenting plan and submit it to the court for approval. If you and your spouse cannot agree to a child custody arrangement, we can represent you in court and argue why the judge should grant you the custody arrangement you desire.

Our Provo child custody lawyer will provide you with the compassionate legal counsel you need during this difficult time. We will work tirelessly to help you achieve a favorable outcome in your child custody case.

Contact our Provo child custody attorney today at (801) 515-4133 to learn how we can help you.