Table of Contents

• How Is Custody Determined?
• Seek Different Custody Options
• Consult An Attorney During The Legal Process
• Outline Clear Visitation Schedules 
• Custody And Divorce Help From KNK Law

When you and your spouse are getting a divorce, one of the important parts is determining child custody and visitation rights. Splitting up a family can be a difficult part of divorce proceedings, but determining visitation and times to spend time with each parent can help make the transition easier. For those in Utah, child custody arrangements can vary by case as well as where you live in the state. Learn more about gaining custody and visitation in this blog. 

How Is Custody Determined?

Working with your lawyer and your soon-to-be ex-spouse to determine child custody will produce the best results. Parents in Utah can collaborate with each other to determine what is best for the children and both parents. Child custody courts will also consider multiple factors when determining visitation or split custody. Some factors that help determine child custody include:

• Child’s age and developmental needs
• Children’s personal preference (depending on age)
• Parents mental and physical health
• History of abuse, violence, or other incidents
• The distance between parents homes
• The child’s relationship with each parent

Seek Different Custody Options

There are many custody options available for a variety of situations, even if you and your ex-spouse want to both have visitation. There are four primary types of child custody in Utah that may include different visitation schedules for each parent. The four types of child custody are sole legal/physical custody, joint custody, joint legal/sole physical custody, and split custody. 

Physical custody will obviously be based on where parents and children live and if one spouse plans to relocate. Joint legal custody allows both parents to make decisions for the child, but they only live with one parent full time. Each option may be customized or changed depending on your divorce proceedings and the state you live in. 

If the well-being or safety of the child is a concern, the court could grant visitation to a non-custodial parent, but not place full responsibility of the child’s care on their shoulders. Others may supervise visits between children and non-custodial spouse to ensure everything remains above board and children are protected. 

Consult An Attorney During The Legal Process

The best way to ensure you get the best option for child custody and visitation that serves your children is to work with a dedicated divorce attorney. Speaking with your lawyer can help you navigate the complex legal system and procedures that come with gaining custody of your child. An attorney can analyze your situation and recommend the best course of action, and help file paperwork necessary to gain visitation rights. 

Choosing a well-trained lawyer is the best way to ensure a smooth divorce process. Not only can a lawyer help save you stress during divorce, but also help you keep your children’s best interests in mind during everything you do. Lawyers know how to negotiate with your soon-to-be ex-spouse, court systems, or file paperwork to get you better results. 

Outline Clear Visitation Schedules 

All custody cases in Utah must have an outlined visitation schedule, listing out holidays, summer trips, or weekly visits. Both parents are usually entitled to time with their children even if one parent has sole custody. Having a visitation schedule ensures that you and your ex-spouse are on the same page about important dates and return times. Avoid missed opportunities or more court time by sticking to your visitation schedule as much as possible. Minimum visitation in Utah for a non-custodial parent is either one weeknight visit per week and overnight visits every other weekend. 

Custody And Divorce Help From KNK Law

Kaufman, Nichols, and Kaufman has been serving the Ogden community for generations, providing divorce advice and handling other family law, criminal law, and estate law cases. Our team is highly skilled in a variety of areas, working to help our clients have better legal outcomes in all areas of their lives. We understand that divorce, child custody, and visitation rights can be overwhelming to navigate. You will never be alone when you work closely with a lawyer from KNK Law. 

Whether you want to protect children, your assets, or your future, we can guide you through the entire process. Our team is focused on providing professional insight and protecting what is most important to you. Divorce doesn’t have to be chaotic, especially when you have the help of the right people. Request a consultation with our team to see if our legal team is the best fit for your situation.