PRACTICE AREAS

Custody Disputes

Child Custody disputes are one of the major concerns of family law. The court’s main concern in deciding on such disputes is the welfare of the child. Upbringing has a major effect on how a person will become as an adult and a child being left in the care of the wrong party may have negative long-term consequences.

There are a number of possible scenarios in which a Utah custody lawyer may be needed during a child custody dispute. Understanding and navigating Utah custody law is complex and requires special legal representation. If you are seriously considering disputing your current child custody order, trust the lawyers at Schmidt Law Office to ensure your children are protected.

Our Utah Custody Lawyers are Experts in the Following Areas:

  • Physical Custody –

    Refers to the primary physical residence where the children will reside. This is what determines the amount of child support, the primary residence of the children and where they usually attend school for boundaries.

  • Legal Custody –

    Refers to the legal decisions involving the children, such as residential, educational, health and/or decisions involving the care of the children.

  • Joint Legal Custody –

    Means the sharing of the rights, privileges, duties, and powers of a parent by both parents, where specified; may include an award of exclusive authority by the court to one parent to make specific decisions; does not affect the physical custody of the child except as specified in the order of joint legal custody; is not based on awarding equal or nearly equal periods of physical custody of and access to the child to each of the parents, as the best interest of the child often requires that a primary physical residence for the child be designated; and does not prohibit the court from specifying one parent as the primary caretaker and one home as the primary residence of the child.

  • Joint Physical Custody –

    Means the child stays with each parent overnight for more than 30% of the year, and both parents contribute to the expenses of the child in addition to paying child support; can mean equal or nearly equal periods of physical custody of and access to the child by each of the parents, as required to meet the best interest of the child; may require that a primary physical residence for the child be designated; and does not prohibit the court from specifying one parent as the primary caretaker and one home as the primary residence of the child.

  • Parent-time –

    There should always be some type of parent-time schedule for spending time with the children if a party is a non-custodial parent or there is some type of joint physical custody. The minimum standard parent-time in Utah for a non-custodial parent is generally alternating weekends commencing Friday afternoon until Sunday evenings, a mid-week visit (not overnight), a division of holidays throughout the year and some portion of either the summer or “off-track” time.

  • Parenting plan –

    All Joint custody arrangements whether Joint Physical and/or Joint Legal require some type of parenting plan. ”

If you are struggling with a custody dispute, contact us today to learn more about how Schmidt Law Firm can help you. We are currently offering free 30-minute consultation to discuss how we can help you with your custody case. Call 801-990-6390 or click here today to learn more!

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