Common Family Law Myths

Myth #1: If my ex doesn’t pay child support, I don’t have to give them parent time.

This is a myth we hear on a regular basis. It is human nature to feel when there is a negative action, there should be an immediate consequence. It may seem like common sense to withhold parent time if child support is past due, but the court doesn’t see it that way.

When it comes to child support and parent time, they should be handled as just that- 1. Child support, and 2. Parent time. The two are separate matters in your case and should not be combined into one issue. If your ex is behind on child support, it does not mean you can withhold parent time. There can be negative consequences of not paying child support, however, there are certain steps that must be taken. If you decide to take the law into your own hands and withhold parent time to make the other party pay, there can be serious consequences.

The Office of Recovery Services can also be a helpful resource for getting the funds owed to you. We are also here to help. At Burton Law Firm, we understand it can be frustrating if you are on either side of this dilemma. Contact us today to discuss your case with our friendly staff.

What action can be taken if my ex isn’t following our decree?

Myth #2: A woman is always favored in custody cases.

This myth tends to thrive, especially here in Utah, but it’s not true. Ultimately, if both parents are in a position to care for their children, the court’s goal is to meet the best interest of the child. Often, this means both parents will be involved in the child’s life. The court takes many things into consideration when determining custody. Some of the factors a court may consider are:

• The strength of the child’s bond with either of the parents as well as their siblings.
• Previously determined custody arrangements where the child is happy and well adjusted.
• The character, status, or capacity of either parent to function as an appropriate caretaker for the child. Factors such as their emotional and financial stability, religious compatibility, history of alcohol or drug abuse, and signs of abuse to the child, another child, or spouse may all be taken into account.

At Burton Law Firm, we understand custody can be one of the most contested legal matters you encounter. We know the outcome can impact you and your children substantially for years to come. We choose to focus on family law matters such as custody because we are passionate about families. If you would like to discuss your custody case with one of our experienced attorneys, contact us today.