Working for Your Child's Best Interests
There are two types of child custody in Utah: legal custody and physical custody. Legal custody determines which parent makes important decisions regarding the child. Physical custody determines with whom the child primarily resides.
In the majority of cases, legal custody is shared between both parents after divorce. It is typical for one parent to have physical custody of children while the other parent will have visitation, which is referred to as "parenting time" in Utah.
Reaching a Collaborative Solution
In any child custody dispute, the best interests of children should prevail. At Burton Law Firm, we believe that the best interests of your children are better served by having the parents work together to reach a collaborative solution.
However, sometimes parents simply cannot work together. In such cases, we may need to involve a child custody evaluator or other experts to testify in court.
In determining who should have physical custody of children, the courts may consider numerous factors including the following:
- The benefit of keeping siblings together
- The relative strength of the child's bond with one or both parents
- Continuing previously determined custody arrangements where the child is happy and well adjusted
- Factors relating to the parents character or status or their capacity or willingness to function as parents including: moral character and emotional stability; duration and depth of desire for custody; ability to provide personal rather than surrogate care; significant impairment of ability to function as a parent through drug abuse, excessive drinking or other causes; reasons for having relinquished custody in the past; religious compatibility with the child; financial condition; and evidence of abuse of the child, or another child or spouse.
Burton Law Firm can advise you how the court is likely to view your situation based on how judges have ruled in similar cases.
In addition to representing parents in divorce, we also represent unmarried parents in child custody and visitation issues (paternity actions).
Learn about modifications to child custody agreements.
Schedule a Consultation with an Attorney
To discuss your child custody and visitation case with lawyer Kenneth Burton, call 866-443-9676 or fill out the contact form on this Web site. Our law office is located in Ogden, Utah. Hablamos español.
