Child Custody and Child Support Lawyers in Utah

In any divorce where the marriage has produced children, issues of child custody and child support are among the most important matters to be determined. They are also often the most emotional and contentious issues as well. The child custody lawyers at Diumenti & Leger believe that a collaborative approach leads to a more effective outcome in the long run, especially in divorces involving children. While an amicable resolution is preferable, we always stand strong for our clients and work to see that their interests are fairly represented and fully reflected in any order for custody or support.

Different Types of Custody under Utah Child Custody Law

When determining child custody, the court determines both the physical custody of the child and legal custody. Physical custody refers to where the child will live, while legal custody is the right and responsibility to make decisions about the child's education, religious upbringing, medical care and other issues. In either case, the court may award custody jointly to both parents or vest custody solely in one parent alone. Child custody lawyers in Bountiful frequently take on these issues, making arguments to the court about which type of custody is in the child's best interests.

Some form of joint custody is presumed to be in the child's best interest, but this presumption may be overcome by presenting evidence and arguments which convince the judge that sole custody is better for the child. For instance, if the child has special needs or the parents live far away from each other, or if there is any history of domestic violence, the court may opt in favor of sole custody. In most cases, the non-custodial parent will still be granted parent time or visitation.

Below are just some of the factors the court considers in determining the custody arrangement. If there is any dispute over custody in the divorce, it is crucial to seek advice and representation from divorce lawyers who understand the law and all the different factors which go into the court's decision.

• The parents' conduct during the marriage
• Which parent is more likely to allow the other parent to have ongoing frequent contact with the child
• The relationship between each parent and child
• The parent whom the child wants to live with
• The distance between the parents' homes
• Any history of child abuse or domestic violence

Important Issues in Utah Child Support

Since both the mother and father are legally obligated to support their children financially, the court will in most cases order child support to be paid from the non-custodial parent to the parent with primary or sole custody. The amount of support is usually determined according to statutory guidelines, based on the income of both parents and their earning capacity, the number of other children to be supported, any previous orders of alimony or child support that affect the parent, and the type of custody (joint or sole).

The court does have the authority to deviate from the guidelines and award a different amount if convinced that there are good reasons to do so. Child support lawyers in Bountiful are frequently called upon to argue for or against a deviation from the statutory amount, so it is important to have an attorney who understands all the factors which can influence the judge's decision.

Bountiful Child Custody and Support Lawyers Working for You

The focus of the court in child custody and support matters is rightly placed on the best interests of the child. As your attorneys, our focus is on your rights and interests and how they fit with the best interests of your children. We work to ensure an ongoing and meaningful relationship between you and your children to the fullest extent desired. In Davis County, contact Diumenti & Leger for help in your child custody or child support matter.