After a divorce, it can be difficult to frequent areas that you used to or run into people who are associated with your ex-spouse. The decision to move out of state or to a different city may seem like a good transition, but if you have shared custody of your children, you may not be able to just pack up your belongings and move. Shared custody parents or noncustodial parents may not be able to take their children with them when they move, depending on the divorce specifications and the state where your divorce occurred. 

Custody And Relocation Rules In Utah

For the state of Utah, neither custodial nor noncustodial parents can pick up and move out of state. Custodial parents are required to get approval from the noncustodial parent before relocating up to 150 miles away.  There are two ways that a parent can obtain permission to move out of state with their child: either a written agreement or by court order. 

Parental Permission

The easiest way to move away with your children is for both you and your ex-spouse to agree to the move. Getting permission from the other parent can help the custody agreement remain intact or adjust it depending on distance. Discussing the move with the other parent allows you to work out specifics and visitation schedules before getting formal approval from the court.

Court Order

If you are not in communication with the other parent of your child, you may need to notify them through the court system. You must file a court order at least 60 days before a planned move to allow the noncustodial parent to contest the relocation request. Both parties will then go before a judge and present information on why the move is necessary. A judge will look at what is in the best interest of the child and how relocation may impact the parent-child relationship. 

Keep The Child’s Best Interest In Mind

Before considering a move, think about what is best for the child. While it may seem easier to move out of state, away from painful memories, taking children away from their parents, friends, school, or extracurricular activities may hinder their development. The court system will also take these instances into account, especially if both parents can not agree on what is best for the child. Factors like the child’s age, how they handle change, medical conditions, whether their current home life is safe, and their emotional stability.  

What About Noncustodial Parents? 

If a noncustodial parent wants to move out of state, they will need to go through the same process as the custodial parent. However, if a parent is presented with a court order and does not contest the move, the children can move with the parent who presented the order. Noncustodial parents will need to work with the custodial parent and the courts if they plan to move out of state and want to maintain visitation rights.

Emergency Custody

In some states, it is not required to get both parents’ permission before you move with children out of state, but it could result in the other parent getting default emergency custody. If a parent feels that their ex-spouse is a risk of abducting or removing the child from the state, putting them in danger, they could be rewarded with emergency sole custody. While it may be possible for you to pick up and move with your children without consequence, it will be best to consult a lawyer before doing so. Getting legal advice will help you keep custody of your children and avoid trouble with the state law.

Legal Counsel From KNK Law

Kaufman, Nichols, and Kaufman provides legal help for family law, estate planning, business law, personal injury, and criminal law. With comprehensive coverage and skilled lawyers, you will have peace of mind about any legal issue. Our lawyers will represent you with confidence and provide you with sound legal advice on how to proceed. 

Especially if you are dealing with a divorce and custody battles, we can help you keep your child safe and secure. By working with a competent lawyer, you will limit the emotional toll and stress that come from divorce proceedings. We treat all of our clients like family and are proud to be a pillar of the local community. Reach out to our team in Ogden, UT, to learn more about our strategies and how we can help divorce proceedings go smoothly.

Choosing the correct approach to a divorce depends on your state, circumstances, and your budget for legal proceedings. There are different paths to the dissolution of a marriage, two of which are contested and uncontested. In this article, we will discuss the differences between the two and how you can choose the best option for your situation. Choosing the right approach could help divorce proceedings go smoothly. 

What Is A Contested Divorce?

Divorces become contested when spouses can not agree on fundamental issues. The legal journey of a contested divorce is the most complex option, because mediators or lawyers will need to help the couple come to an agreement on important issues. Court intervention will help to resolve the disputes so that both parties recieve what they are rightfully owed. Common issues that lead to contested divorce proceedings include division of assets, child custody, and property division.

What Is An Uncontested Divorce?

Uncontested divorce means that spouses can agree on the split or decisions of assets, child custody, and more. These divorces won’t need to go through a court system, but can often be discussed with either party’s respective lawyers in a calm manner. Smoother proceedings and fewer expenses are the potential draws for an uncontested divorce. Lower stress and emotional toll come from civilized divorce proceedings.

Differences Between Contested And Uncontested Divorce

Besides the obvious differences, there are key components that separate these divorce pathways. Let’s look at some key differences between the two types of divorce.

Time Frame

An uncontested divorce will be able to be finalized much faster than a contested divorce. Since the divorcing spouses will not have to go back and forth on important issues or spend time in court presenting evidence to a judge, the marriage can be dissolved within just a few months. Contested divorces can take a year or longer, depending on what is being disputed.

Cost

The longer a divorce goes on, the more money it will cost. Hiring a divorce lawyer, paying court fees, and other litigation fees can add up to thousands of dollars. Prolonged divorce will increase the hours your lawyer has to work and other resources that you will need to cover the cost of.

Legal Involvement

The collaboration of multiple lawyers, a judge, and even filing paperwork can impact how long or complicated your divorce will be. Contested divorces will need to give lawyers time to prepare for court, may require you to submit multiple testimonies or paperwork, and extend the process if more legal committees are needed. An uncontested divorce will only require a lawyer for each party. 

Which Divorce Type Is Simple?

With all the information above, uncontested divorce is going to be seen as simpler than any other divorce type. If you and your soon-to-be ex-spouse can discuss problems civilly and come to an agreement with the help of a single lawyer, the proceedings can be closed in a matter of months. If you want your divorce proceedings to resolve smoothly, it is important to keep a level head and hire a professional lawyer.

The Role Of An Attorney In Divorce

When it comes to divorce, attorneys will play a critical role in helping ensure that all legal rules are followed while also protecting their clients. Your legal representative will help you file for divorce, submit paperwork to the state, city, or courts, represent you in court, discuss divisions of assets, and much more. Having a lawyer who can clearly explain terms to you and has your best interests in mind will help you to get the best outcome. Hiring a professional lawyer helps reduce emotional turmoil in contested divorces.

Some qualities to look for in a divorce attorney include:

• Communication
• Organization
• Time management
• Focus on the future
• Level headedness
• Professional appearance

Kaufman, Nicholas, and Kaufman In Ogden, UT

Our lawyers at KNK are proud to serve the Ogden, UT, community with estate law, family law, child support cases, and civil litigation. Our legal team has been working in the industry for over 20 years, meaning that you will get the best outcome when working with us. KNK can help you have a smooth dissolution and get what you a rightfully owed in a divorce. No matter if you are just dissolving a marriage or need to sort out child custody, our lawyers are ready to help. Reach out to us to meet with our available lawyers and find the best fit for you. 

Divorce is an emotionally taxing task that often hurts more than just the couple getting a divorce. Obtaining full custody of your children during a divorce can be extremely stressful. For parents, obtaining custody of their children is all about safety, but the legal aspects and manipulation of their soon-to-be spouse can make it even more serious. Let’s look at what it takes to obtain full custody and how you can prepare in this blog.

What Does Full Custody Mean?

Full custody or sole custody is when one parent gets exclusive rights to make decisions about a minor child’s life. These decisions can be about where they go to school, where the family lives, healthcare, religion, and more. The parent who does not have custody may be granted visitation, while others will have little to no involvement in the child’s life. If the court feels that one parent’s involvement will harm the child, it will automatically grant full custody to the other parent. 

Factors That Dictate Full Custody

There are many different factors that can impact whether a parent is granted full custody. The child having a safe environment is the biggest priority, but several factors can contribute to a healthy and stable home.

One aspect that affects child custody is the parents’ health and ability to cooperate with the courts. Judges will look at physical, mental, and emotional health, as well as whether the parent cooperates with judges and the co-parent during child rearing. Unless one parent poses a danger to the children, the divorcing parents still need to communicate about the child’s needs. 

Other factors that could impact whether you get full custody include:

• History of abuse or neglect
• Special needs or medical conditions that one parent is better equipped to handle
• Child’s preference
• Child’s age
• Stability of the home or location to the child’s doctor, school, or therapist.
• Parental substance abuse or addiction

Steps To Help You Obtain Full Custody

Parents who want to obtain full custody of their child need to prepare for court proceedings. There are different factors and different judges who can impact if you obtain full custody. Here are the steps that you should keep in mind when you want to have custody of your child or children. These steps are especially important if you want to limit the amount of access your ex-spouse will have.

Consult A Family Lawyer

Working with an experienced family lawyer will help set you up for a smooth divorce and custody battle. Family lawyers will be able to provide insight into the legal system and what evidence you may need to collect before going to court. Working with a lawyer will save you from representing yourself during a divorce and can reduce emotional decisions. Lawyers will sit down with you and your spouse’s lawyer to discuss child custody. 

Document Everything You Can

Evidence can be extremely helpful in divorce and custody battles. Text messages, written notes, emails, voicemails, and social media posts can help paint a picture of what a parent or ex-spouse is like when professionals are not around. This evidence can also help paint you in a better light and drive home your point of view. 

File A Custody Petition

There will be multiple forms and paperwork that come with a divorce. You will need to file a Petition For Custody and Support, a Petition For Divorce, or a Summons. Filling out this paperwork will make the legal system aware of your needs and put pressure on your spouse to accept the legal proceedings. 

Prepare For Court Proceedings

Working with your lawyer to help prepare for court or mitigation meetings will increase the chances of you obtaining full custody. A lawyer will help break down legal jargon, explain the next steps, and tell you what they have been working on behind the scenes. If the divorce needs to go through the court system, your lawyer will help prepare you for what to say, if witnesses are needed, and how they plan to represent you. 

Provide And Demonstrate A Stable Environment

One way that judges determine if you get full custody of your children is if a stable environment will be provided to the children. One thing you will have to do is provide evidence or demonstrate that you can provide this environment. Some states may require a home inspection to look for structural issues and cleanliness. Others may require photos or written reports of a stable environment. 

Keep The Child’s Best Interest In Mind

Even if you want full custody, your child’s best interest may not include living with you. Even the best parents may not have the funds, location, or emotional stability to provide for their children without a spouse. If you will be working constantly, are in a different school district, or don’t have the financial means to provide for the child, full custody may not be best for the child. Co-parenting with your ex-spouse can be challenging, but children often thrive when they have both parents who are healthy co-parents. 

Obtaining Full Custody With The Help Of KNK Law

Our family lawyers provide legal help for people in Northern Utah. KNK Law has some of the most experienced lawyers who have worked on many divorce cases, custody, adoption, estates, and more. When it comes to something as emotional as child custody, having legal representation can limit your stress. Reach out to our team to schedule a meeting and see if we are the right fit for your case.