Ogden Attorney’s for Child Custody and Visitation
Divorce is a painful and difficult process. When you married, you never imagined that some years later it would end in divorce. It is perfectly natural to feel sadness, disappointment, anger, and anxiety. However, you cannot allow these emotions get the best of you. It is important for you to look after your material interests.
The state of Utah is a no-fault divorce state. You can dissolve your marriage quickly and reach a settlement without going before a judge. This is the least expensive option, and if you can resolve matters amicably, or at least without too much conflict and contention, you should opt for it.
Your first move should be to contact a lawyer. You will need the insight and expertise of a trained and qualified legal professional to get the best deal possible. To get a no-fault divorce, you must file for it. To qualify, you and your spouse must have resided in Utah for at least 3 months—or, 6 months if you have children; you must also agree with your soon-to-be ex on all issues in the divorce.
Issues in Divorce
Before you can get on with building your new life you will need to resolve the following issues:
The money, investments, and property you accumulated during your marriage will need to be divided. This is an area you want to give serious attention to, especially if you were not the primary breadwinner and your spouse managed the money. Your divorce lawyer can take steps to ensure that all the assets belonging to the estate are fully accounted for and can thus be divided evenly.
You may also be eligible for alimony. The amount and length of time you receive it will depend largely on the number of years you were married and your capacity to earn money.
If you have children, decisions concerning custody, visitation rights, and financial support can be the most contentious part of the settlement. Emotions will run high when the fate of your child is discussed. Your child is the most important part of you, and it is essential that you defend your parental rights. You may be ending your marriage, but you will still be a parent and you must ensure that you have the kind of arrangement that allows you to stay in the center of your child’s life.
Legal versus Physical Child Custody
There is a difference between these two. Legal custody gives you the right to make important decisions in your child’s life. Where they go to school, for instance, or the kind of medical care they receive. It is possible for both parents to have legal custody while one of them has primary physical custody. In other words, you may decide that your child is better off living with your ex; but your ex cannot make any significant decisions about the child without your consent.
Child Visitation and Parent Time
If your ex has physical custody of the child, then you should work out a schedule for visitation as part of the settlement. The settlement should offer you ample parent time with your child. You should be given the chance to bond with your child in a meaningful way.
You and your ex will move on in your lives and form relationships with other people. This can complicate things as the people you meet may have children of their own. When this happens, good will can help reconcile the competing demands of your new family and theirs.
How a Divorce Lawyer Can Help
Your lawyer can help you establish the final custody and child visitation arrangements in the settlement. They can also help you make modifications if they are needed. Even if you and your ex come to a verbal agreement on changes to custody and visitation, you should consult with your attorney before proceeding. It is best to put such changes into writing in order to avoid confusion and to protect yourself against the possible charge of violating the original agreement.
You will also need a lawyer if your ex challenges your right to visit your child or have any contact with them at all. A lawyer is also necessary if your ex attempts to move to a new city and to take your child with them. If you have legal custody of your child, your ex cannot move them to any location that makes it over-burdensome for you to see them. If this has happened or you think it is about to happen, you should contact your attorney straightaway.
Need Help With Child Custody & Visitation in Ogden Utah?
If you have questions about parental responsibilities and parenting time in Utah, we can help. We advocate for mothers throughout the Ogden area, and we can discuss your options with you today. Contact Kaufman, Nichols & Kaufman to learn more.