When parents get divorced (or have children outside of marriage), one of the most important determinations is who gets custody. But getting custody of your child requires an understanding of the various factors considered by family courts. What follows are some of the most frequently asked questions we get regarding child custody, joint custody, child visitation, and family law. When considering who should get custody of a child, what factors does a court look at?
Does it hurt my chances of getting custody of my children if I move out of the home and leave the children with their other parent?In short, yes, it probably will hurt your chances of getting custody of your children. Parents that leave the home, even for good reasons, may have a lesser chance of getting custody of the children when it comes time to go to court. By leaving, the judge will see an implied message from the parent’s actions. Also, assuming that the parent left the family home, a judge will probably be more inclined to grant custody to the parent that is currently residing in the home so as to disrupt the children’s status quo as little as possible.
Why is custody always awarded to just one parent?In short, no. It is very common for a court to award partial custody to both parents, otherwise known as joint custody. This type of custody arrangement normally falls into one of three forms. First, joint physical custody is where a court orders a child to spend a substantial amount of time with both parents during the course of the year. Second, joint legal custody is where, although one parent may have full physical custody, both parents must agree on any decisions that impact the child, such as their education, medical care and spiritual matters. Lastly, both joint physical and legal custody is a combination of the first two. Who will be the person deciding how much child visitation is fair and reasonable?In general, the parent with primary custodial rights over a child will get to decide what kind of visitation for the other parent is fair and reasonable. In many situations, this works out well for both parents and they can often come to an amicable arrangement regarding visitation hours and days. Is mediation better than a court setting for determining child arrangements and getting custody?Mediation is a great way to come to terms for a custody agreement instead of child custody lawsuits. The process of mediation works when the two parties, most of the time both parents in child custody situations, agree to sit down with a neutral third-party mediator. The mediator’s job is to invoke discussion between the two parties and help them come to some middle ground on which to settle. Child Custody Lawyer Free ConsultationIf you have a question about child custody question or if you need help with custody, please call Ascent Law at (801) 676-5506. We want to help you.
Ascent Law LLC
8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506
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What are Asset Protection Trusts? via Michael Anderson https://www.ascentlawfirm.com/child-custody-law/
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