How custody and visitation gets decided

Having children get caught in a divorce is hard. Once you and your partner have decided that getting a divorce is the course of action you wish to take, custody will need to be decided. In some cases the parents are able to make an agreement without the need for a court to decide what parent gets what amount of time. In other cases a judge will be needed to decide on custody. When beginning the process of seeking custody you will need to file for custody with the county that the child or children have been living in for at least the past six months. A court will decide custody on the basis of what is best for the child or children. 

The judge will take into account the age of the children, the child or children’s particular needs, the parent’s ability to meet those things, and other things. The judge may ask about how partner child relationships were before the divorce. They may even ask for what the child prefers, depending on their age. Older children are more likely to be asked this question. 

There is sole legal custody and joint legal custody. Having sole legal custody means the parent decided to have sole custody has the legal authority to make major decisions for the child. If you share joint custody both parents can make major decisions for their child. This is different from physical custody, which refers to who and where the child will be living. There is sole and joint physical custody. If one parent is awarded sole physical custody the other parent is, in most cases, awarded visitation time. 

We, your Divorce Attorney Provo Utah, will help protect what is yours in a custody battle. Custody battles are very emotional and at times it can be hard to get through. Hiring a divorce attorney gives you the support and legal knowledge to handle being in court