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Separating from your spouse is more than just an emotional decision. You have a bunch of things to worry about, and it is absolutely important to consider the well-being and interests of your minor children before anything else. That said, child custody is often one of the key issues between soon-to-be-divorced parents, and no matter the circumstances, you need to lawyer up. An experienced Sandy child custody attorney can help explain the various aspects that matter, and for your help, we have answered some key questions below.
Who gets the custody of the minor child?
There is no one answer to that. It depends on many factors, and the court will consider every aspect to ensure that the child’s best interests are protected. There is no reason why one parent would be favored over the other in general.
What is joint custody?
There are two types of custody considered in Utah – Physical and legal. Legal custody is usually granted to both parents, which allows them the right to make joint decisions with regard to education, medical care, and religion of the child, among other things. The physical custody is with one parent, with whom the child stays. If the couple gets joint physical custody of the child, they share the load, and the child stays with each parent for 111 nights a year.
What about child support?
In general, child support is decided based on the monthly incomes of the parents and other expenses. The court may consider who spends more time with the child, but that is not a deciding factor alone. If your spouse has been asked to pay for child support and they don’t do so, you cannot keep the child away from them because of that ground.
Does the child have a say?
Yes, a child may have a say, provided the court considers them mature enough to express their interests. The child’s preferences usually matter if they are 14 years old or older.
What is a parenting plan?
If you and your spouse agree on things like child support and custody, you can come up with a parenting plan that states details about parenting time, visitation rights, and other things.
Do you need an attorney?
Yes, child custody matters often end up being big battles in divorces, and that’s not something you would want for your child.
Call an attorney to understand how you can sort issues and work on a parenting plan.
