Hire a Bountiful Attorney for your Child Custody Case
When a divorcing couple has children, they are required to form a parenting plan that outlines matters of visitation and custody. If divorcing parents cannot agree to custody arrangements, either party can petition for custody. If a couple is married, they must hire a bountiful child custody attorney and petition in the court that’s handling their divorce. If parents are unmarried, the juvenile or family court in the children’s state of residence handles the case.
Visitation and Custody Types
Once a parent petitions for custody, a court will award either joint or sole custody. Joint custody gives decision-making power and equal custody to both parents, and sole custody gives decision-making power and primary care responsibility to one parent.
Physical custody is the child’s day to day care and supervision.
Legal custody is the decision-making power that affects a child’s health, welfare and education.
When one parent has primary custody, the noncustodial parent gets visitation rights. Most states prefer joint custody arrangements unless such an arrangement would be detrimental to the child’s well-being.
Custody Exchanges and Arrangements
Parents and a bountiful child custody lawyer can work together to make a variety of arrangements for visitation and custody. They can have the children every other week, on weekends, during the summer, or on alternating holidays. Parents can also arrange exchanges, which involve the place, time and method by which physical custody is transferred. In cases of extreme animosity or prior domestic violence, courts can implement exchange plans where the parents don’t have to see one another.
Custody Modification and Parental Relocation
Once the court issues and approves a parenting plan, that plan cannot be changed unless one of the parties asks for a modification due to changed circumstances. If a parent wants to relocate to another state for work or another reason, they and their bountiful family law attorney must ask the court for a re-evaluation of the case before the children can be relocated.
Third Parties
In some areas, courts may weigh the interests of third parties (such as grandparents and older siblings) in cases of child custody. If a child is abandoned by his or her parents, another adult can ask for custody. If older siblings, grandparents or other relatives want visitation rights, they must ask the court, and the visitation must be in the best interests of the child. A bountiful attorney can give you advice that is specific to your case.
