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(801) 254-9450 (801) 254-9450 When it comes to divorce, the issue of child custody and visitation is often the most contentious. It can be challenging to know that a judge will ultimately determine the amount of time you have with your children, as well as the extent of your ability to make decisions on their behalf.
When the stakes are this high, you need support from skilled family attorneys you can trust. At Carr | Woodall, we are ready to work tirelessly to protect your rights as a parent. Let a Heber City child custody lawyer from our firm guide you through the process.
Child custody rights come in two forms: physical and legal custody. When you are awarded physical custody, you are responsible for your child’s day-to-day care. The parent with physical custody provides the primary home and deals with basic needs such as food and clothing.
Legal custody, on the other hand, involves your right to make important decisions about your child’s upbringing, including:
When the courts hear these cases, they will decide both physical and legal custody of a minor child. A parent can have more expansive rights with one type of custody than the other. Our child custody lawyers are here to make sure you are treated fairly throughout this process and your divorce in Heber City.
In Utah, child custody decisions are made using the best interest of the child standard. As the name suggests, this legal guideline puts the needs of the child first as opposed to the preferences of the parents. The law does not favor one parent over the other, and instead, judges examine the specific circumstances of each case to identify what will serve the child’s needs most effectively. There is a long list of factors a judge will consider when making this decision, including:
In some situations, the court will account for the child’s wishes if they are mature enough to form an opinion. Our child custody attorneys in Heber City could show the court that your children are best served by having a close relationship with you.
When circumstances change, an existing child custody agreement might no longer work for everyone involved. Children grow, and their needs change, and the same is true for parents’ ability to care for them. When there has been a material change in circumstances, either parent has the right to file a motion with a court requesting that the order be modified.
A material change has to be something significant that has shifted in the lives of one of the parents or the child. It might mean someone has become ill, lost their income, or is now capable of providing more for their minor child.
In the end, a judge will decide whether or not to modify the order using the best interest of the child standard, but they are more likely to grant it if both parties are in agreement. Our Heber City lawyers could help you pursue a motion to modify a child custody and visitation agreement.
If you are involved in a divorce or custody dispute, having strong legal counsel by your side is crucial. The team at Carr | Woodall is here to help you navigate the legal system and protect your rights. Contact us for help from a Heber City child custody lawyer today.