Utah Child Custody

Posted by admin on April 27th, 2006

Utah child custody laws allow the court to make the final decision for the future care and the custody of any minor children as the court believes is appropriate for the children. There are set factors that the court will look at when deciding which parent or type of custody is in the best interest of the children. These factors include:

* Whether joint custody or physical custody will benefit the children in their physical, psychological, development and emotional needs.

* The capabilities of the each parent to put their children’s welfare first and to make decisions together regarding their children.

* Can both or will both parents allow a relationship with the other parent and encourage this relationship including contact, love and affection that should be shared with both parents and their children.

* If both parents actively participated in rearing the children prior to the divorce.

* How close the parents live to each other.

* If the child is of sufficient age and is able to form an intelligent preference their wishes will be heard on whether they desire joint custody or physical custody.

* The willingness and capability of both parents to protect their children from any conflict that may arise when making decisions regarding the rearing of their children.

* The ability of both parents to cooperate and make decisions together.

* Any history of spousal abuse, child abuse or kidnapping.

* The moral standard and conduct of both parents.

* Which parent is more apt to allow the children a frequent and continued relationship and contact with the non-custodial parent.

* Any factors that may help in the best interest of the children.

Joint custody is the preferred type of custody when it can be accomplished. This way both the parents and the children can have a loving and stable relationship. The children also can cope better knowing that their parents are still there for them even though they are in separate homes. The continued contact will aid the child emotional and give him the love and affection from parents that he needs and deserves.

In cases of joint legal custody, there is usually a joint physical custody order put into place as well. This just means that the children will normally stay overnight with each parent more than 30 percent of the year. Both parents will also contribute financially to the rearing of the children. The court can decide that one parent will be the main caregiver even in joint legal custody cases and they may also order one home as the primary residence of the children.

Leave a Reply

XHTML: You can use these tags: <a href="" title=""> <abbr title=""> <acronym title=""> <b> <blockquote cite=""> <cite> <code> <del datetime=""> <em> <i> <q cite=""> <s> <strike> <strong>