Judges in Utah and throughout the country will use the best interest of the child standard when crafting a custody order. This standard will also be used when evaluating a plan created by the parents themselves. There are several variables that will be taken into account when determining whether a child custody arrangement meets this standard.
Routine and consistency are important
As a general rule, a judge will want to ensure that any disruptions to a child’s life are kept to a minimum. Ideally, a minor will be able to stay in the same school district and have contact with extended family members after a divorce is finalized. Furthermore, every effort will be made to allow a child to remain in his or her current home.
You must prove that you’re up to the task
You must be able to show a judge that you are capable of providing for your son or daughter’s financial and emotional needs. It will also be necessary to show the court that you can keep your child safe from physical or other types of harm. If there is any reason to believe that your child would be in danger while in your care, the other parent will most likely be given sole physical custody of that son or daughter.
Both parents will typically have access to a child
In the event that you are denied custody rights to your child, a court may still grant visitation rights. This will allow you to maintain a bond with someone who will likely benefit from the love and support of as many people as possible. In some cases, the custodial parent will not be able to relocate with the child if it interferes with your right to spend time with your son or daughter.
Working with a family law attorney might make it easier to obtain child custody or visitation rights. Legal counsel may be able to use character witness statements or medical records to prove that your child thrives while in your care.