Child Custody and Visitation

Child Custody and Visitation Solutions for Families in Ogden

Child Custody and Parent Time in Utah

The issues of custody and parent time (which used to be called visitation) are the most important, and frequently the most difficult, issues the judge has to decide in a divorce case.

The judge’s preference is for the spouses to reach an agreement on this matter.  The judges presume that the parents are in the best position to create a schedule for the children which will meet the unique circumstances of the children and the parents.

Child Custody Evaluation Process in Utah

If the spouses are unable to reach an agreement on custody and parent time, the judge will probably order them to have a custody evaluation performed.  This involves hiring a psychologist or social worker to evaluate both parents and the children and make a recommendation to the judge on custody and parent time.

The evaluator makes his or her recommendation based on a number of factors, including: 1) the level of bonding between each parent and the children, 2) which parent provided the most care for the children during the marriage, 3) the preferences of older children, 4) each parent’s character and fitness, and 5) the willingness of each parent to facilitate and encourage a relationship between the children and the other parent.

The evaluator almost always makes at least one visit to each home as part of the evaluation.  The evaluator may also have the parents complete some psychological testing and character inventories.

At a minimum, each parent should have a chance to have parent time with the children every other weekend, one weeknight each week, four weeks during the summer and half of the holidays during the year.  However, the current consensus among custody evaluators is that the children need a strong bond with both parents, and this minimum parent-time schedule is not enough time with both parents to form that strong bond.  Most custody evaluators will recommend that both parents get more than the standard parent-time with the children.

Child Support and Custody in Utah

Child support is closely tied to custody, because support goes with the children.  Utah has adopted child support guidelines.  In order to apply the guidelines, each spouse is required to provide his or her income to the judge.  With that information, the guidelines produce an amount of support, based on the income of the parties, the number of children involved and how much time the children will spend with each parent.  The judge presumes that the amount of support produced by the guidelines is correct, and most judges are reluctant to depart from the guidelines.

Contact an Experienced Family Law and Divorce Attorney in Ogden

If you are contemplating divorce and facing matters regarding child support and visitation, please contact one of our experienced Utah family law attorneys at Helgesen, Houtz & Jones located in Ogden, Utah. Ogden divorce and family law attorney Keith M. Backman or Scott P. Nickle will listen to your concerns and provide you with knowledgeable information about your family law matter.

We listen, we care, we give you our best work, and we tell the truth.

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