Utah family courts must consider several factors when deciding child custody in Utah , including: the child’s physical and emotional needs. the child’s relationship with each parent. the distance between the parents’ residences.
In the state of Utah , married fathers are automatically given parental rights on the birth of their children, provided a court has not decided otherwise. An unmarried father must go through the process of proving his paternity before he can ask the court to grant him visitation rights with the child.
Primary Custody Falls to the Mother No matter how fit the father is, in Utah the unmarried mother gains a natural right to custody after the child is born. As a result, she has legal control over the child and her rights are superior not only to the father’s, but also to any other person.
A parent is deemed to be incompetent or unfit if: They are suffering from a mental condition that renders them incapable of attending to a child’s current and future physical and emotional needs. They are alcoholics or drug addicts. They have a history of exhibiting violent behavior.
Whether it was initiated by anger or inappropriate behavior, child abuse will definitely cause the parents to lose custody of their children . If you suspect your former spouse has abused your child , notify the police and contact Salt Lake City child custody attorney Emy A. Cordano.
Judges must decide custody based on “the best interests of the child.” The “best interests of the child” law requires courts to focus on the child’s needs and not the parent’s needs. The law requires courts to give custody to the parent who can meet the child’s needs best .
Sometimes taking your child from you is a crime, like “parental kidnapping.” But if you are married, and there is no court order of custody, it is legal for the other parent to take your child . If you have sole physical custody, the other parent may not take your child away from you.
The legal definition of an unfit parent is when the parent through their conduct fails to provide proper guidance, care, or support. Also, if there is abuse, neglect, or substance abuse issues, that parent will be deemed unfit .
50 / 50 custody is an increasingly popular custody arrangement with Utah divorced parents.
In Utah , not paying back child support isn’t really an option. If you can’t pay , and you don’t notify the family court, actions will be taken again you . These could include revoking your work or driver’s license, garnishing your wages, seizing your annual tax return, or even sentencing you to jail time.
A custody and parent time order can include arrangements for when a parent relocates. If an order does not include arrangements for when a parent relocates, Utah law has a process that either parent can request when one of the parents plans to move 150 miles or more from the residence of the other parent .
Generally though, the older your child is the more emphasis the court can place on their wishes and feelings. At the age of 10 or 11 for example, a child’s wishes may be considered by a court but would not be the determining factor in any decision.
In family law cases, both sides will need to present evidence to the court to support their proposed property, support, and child custody orders. As long as the text message is sent by one the opposing party, and is a statement against that party’s interest, it may be admissible in court .
What is Neglect ? Types of Child Neglect . Physical Neglect . Educational Neglect . Emotional Neglect . Medical Neglect . What You Can Do to Help.
The court will consider the child’s wishes to the extent that the child is sufficiently mature to express reasoned and independent preferences as to the parenting time schedule. Usually the court will not consider child’s preference unless the child is at least 14 years old .