South Jordan Utah grandparents rights in divorce

Should You Get a Divorce Lawyer?

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The state of Utah has important guidelines and statutes concerning child custody and the making of a custody and visitation schedule. These laws are found in Title 30 of the Utah Code. Any parent who is involved in a custody situation needs to know these laws and decide how they impact the making of their personal custody and visitation schedule. Here is an overview of some of the statutes that parents may want to consider.

1. A joint custody schedule. Chapter 3, Section 10 of Title 30 contains information about how the state views joint custody. The state has a law that it considers a joint custody schedule in every custody case. This doesn't mean that joint custody is awarded in every case, only that the court will consider it. If either parent wants a shared custody arrangement, they need to make a plan that includes a schedule of parenting time and custody. They should also be prepared to explain how a joint schedule is in the best interest of the child. If a parent does not want this type of custody, they need to prove to the court that this type of arrangement is detrimental to the child.

2. How custody is awarded. The biggest part of the visitation schedule is which parent has custody and which parent has visitation. In Utah, if the parents agree on who has custody, the court will approve it. If the mother and father are not able to agree, the court will decide on the custody schedule. The judge will look at the moral character of each parent and will also choose the parent who is more likely to encourage the child to develop a relationship with the other parent.

3. Input from the child. Section 10 allows the court to consider the preference of the child when making the custody and visitation schedule. The opinion of the child is heard, but it isn't controlling nor is it the only factor that affects the schedule. The preference of children age sixteen and over is given more weight, but again, it doesn't mean that the schedule will reflect exactly what the child wants.

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South Jordan Utah minor guardianship attorney

Father's Rights in Divorce

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Adultery is by far the most adversarial type of divorce case. Divorce proceedings involving adultery are, as a general rule, very stressful for both spouses.

There are many reasons why people engage in adultery. Anyone can feel insecure, lonely and in need of validation at any time, even within a long and stable relationship. Individuals and relationships go through many different stages. The needs of the spouses can change over time, because of age, background, personality traits and emotional needs. In most adultery cases, the cheating spouse is not seeking a divorce. Generally, they are not thinking that he or she might end up losing close contact with their children.

Not every adultery situation ends in a divorce. But when it does and minor children are involved, then the behavior of the unfaithful spouse can have a negative effect on his or her custody and visitation rights. This is particularly true if that same parent devoted more time to his or her extramarital relationship than to his or her own children.

In a divorce, proceeding adultery can provoke very strong animosities between the two parties. The innocent partner might want to punish the cheating spouse by not allowing him or her to relate to their children. If you are granted custody of your children and your unfaithful ex-spouse was granted visitation rights, the last thing you want to do is to interfere with those rights. Keep in mind that even when engaging in adultery, a parent can still be a great parent. Not only that, but also keep in mind that the visitation order is a mandate of the court that you must observe. If you fail to comply with a court order you might be found in contempt. In some states, being found in contempt of court may mean jail time.

Therefore, no matter how much you hate your ex-spouse, do not interfere with the visitation schedule approved by the court. This can result in you losing custody of your children, having them taken away from you, and/or spending time in jail.

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Family Law Attorneys are standing by call 1-800-564-2707

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