Child Custody and Parent Time

Protecting your child’s best interests with experienced legal guidance

Get the support you need

Few issues in family law carry as much weight as child custody and parent time. These decisions shape a child’s daily life, future, and overall well-being.

At Burton Family Attorneys, we know custody disputes can be overwhelming. Our Utah family lawyers approach these cases with a steady balance of strength and compassion — fighting to protect your parental rights while keeping your child’s best interests at the center.

How we work

We begin by listening to your goals and understanding your child’s needs. From there, we create a strategy that fits your family’s unique situation.

Whether through negotiation, mediation, or litigation, we advocate firmly for fair arrangements that support healthy parent-child relationships. Clear communication and trusted counsel guide you through every step.

What to expect

Custody and parent time decisions in Utah focus on the child’s best interests. Courts consider factors like each parent’s ability to provide care, the child’s relationship with both parents, and stability in living arrangements.

You can expect honest advice, realistic expectations, and a focus on reaching solutions that reduce conflict while safeguarding your rights.

Child custody issues you might face

Establishing paternity

Establishing paternity gives a child legal rights to support and ensures both parents have clear responsibilities. It also protects a father’s right to seek custody or parent time.

Modifying custody

Life changes, such as a new job, relocation, or shifts in a child’s needs, may require modifying a custody order. Utah law allows updates when circumstances significantly change.

Enforcing custody orders

If one parent refuses to follow an existing custody order, enforcement may be necessary. Courts can intervene to ensure the parenting plan is respected and the child’s best interests are protected.

Relocation disputes

When a parent plans to move, relocation can complicate custody and parenting time. Courts weigh the impact on the child’s relationship with both parents before approving changes.

Grandparents’ rights

In certain cases, Utah law recognizes grandparents’ rights to visitation. Courts consider the child’s well-being and whether maintaining this bond serves the child’s best interests.

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What to expect

Alimony decisions in Utah depend on several factors, including:

Family raising glasses

The length of the marriage

Alimony varies greatly depending on the length of the marriage. A couple married for five years may have very different support expectations than one married for 25 years, since longer marriages often involve greater financial interdependence.

Each spouse’s income and earning potential

When determining alimony in Utah, the court carefully reviews both spouses’ current income. This includes wages, salaries, bonuses, and other reliable sources of earnings. The goal is to understand each spouse’s financial stability and ability to contribute toward ongoing support.

Judges also consider more than present income — they look at earning potential. Education, work history, skills, and the ability to re-enter the workforce all play a role. For example, a spouse who left a career to raise children may still be considered capable of earning income in the future, which impacts the final alimony decision.

A mother sitting on the floor, embracing her young son in a warm and loving moment, with soft natural light streaming in through the window.

Contributions made during the marriage

What if you stayed home to take care of the family while your spouse went to school, or had a special circumstance where you could have had more earning potential but sacrificed for your family? The judge will also consider that.

Our team will explain what the law allows, outline realistic outcomes, and advocate for a fair arrangement. You can expect honest advice, step-by-step updates, and compassionate support throughout the process.

Types of child custody

Sole legal custody

Sole legal custody means one parent has the authority to make major decisions about the child’s upbringing. This includes choices about education, healthcare, and religion. The other parent may still have parent time, but decision-making rests with one parent.

Joint legal custody

Joint legal custody allows both parents to share responsibility for important decisions in the child’s life. This arrangement encourages cooperation and ensures both parents remain actively involved in guiding the child’s future.

Sole physical custody

With sole physical custody, the child primarily lives with one parent. The other parent may receive scheduled parent time, but the child’s main residence is with the custodial parent.

Joint physical custody

Joint physical custody means the child spends significant time living with both parents. This arrangement seeks to balance time and involvement, allowing the child to maintain strong relationships with each parent.

Process timeline

Each custody case is different, but most follow this path:

Initial consultation

We discuss your family dynamics, concerns, and desired outcomes.

Information gathering

We review financials, schedules, and parenting history.

Negotiation or mediation

We work toward cooperative solutions outside of court when possible.

Court hearings

We present evidence to the judge if needed, who will decide custody and parent time arrangements.

Timelines vary, but we’ll keep you informed so you know what to expect at each stage.

Frequently asked questions

How is custody decided in Utah?

Judges base custody on the child’s best interests, considering factors like parental stability, caregiving history, and the child’s relationship with each parent.

What is parent time?

Parent time, also called visitation, is the schedule outlining when the child spends time with each parent. Utah law provides guidelines, but arrangements can be customized.

Can custody orders be modified later?

Yes. You may request a modification if your circumstances significantly change, such as relocation, job changes, or concerns about safety.

Do children get to choose which parent they live with?

A child’s preference may be considered depending on age and maturity, but it is not the sole factor. The court always prioritizes the child’s overall best interests.

At Burton Family Attorneys, we guide families through custody disputes with strength, clarity, and compassion. Whether you are establishing custody for the first time or modifying an existing order, we are here to help protect your child and your parental rights.