One of the most difficult issues that couples face when separating or divorcing is child custody. Under state law, custody may be a separate case or part of a divorce, separation, annulment, adoption, or other type of case, and may be handled by district courts or juvenile courts, depending on the other issues in the case.
Divorce laws also influence how custody decisions are made, even if the parents were not married. Custody issues can become extremely complex, especially if the parents are not in agreement about one or more issues. If you are facing a contested custody situation, you need the guidance of a Lehi child custody lawyer. A family law attorney can help you create a custody arrangement that protects your interests and advise you on the factors a court will consider when making a custody determination.
Legal and Physical Custody
There are two main aspects that the court will address in a custody determination: legal and physical custody. Legal custody refers to which parent has the right to make important decisions about the children, such as where they will go to school, what medical care they will receive, and what religious services they attend. Physical custody refers to where the child will physically reside. It also addresses how often they will visit the non-custodial parent and how things like holidays will be handled among the co-parents.
There are many different ways the court can combine physical and legal custody decisions for children under the age of majority. For example, the court may award one parent sole legal and physical custody. In this case, the children will live with that parent, and will also be the parent who will make all the major decisions about their lives. However, even if one parent is given sole custody, the other parent may still be granted parenting time pursuant to a schedule outlined in the parenting plan.
Joint Physical Custody
The court can also award joint physical custody. In these cases, the children will spend a defined amount of time living with each parent. Typically, in a joint physical custody situation, the child spends at least 111 nights out of the year with each parent. This may mean that the child lives with one parent during the school year but spends the entire summer with another parent, or it may mean that the child spends a few nights a week at one house while living at the other house the rest of the time. These arrangements usually work best if both parents agree to remain living in the same general area.
Joint Legal Custody
In some cases, the court may award joint legal custody even if one parent has sole physical custody. This may happen if the parent the child does not live with is physically unable to live near them for some reason, but still wants to be very involved with parenting decisions. Joint legal custody works best if the parents are still able to communicate effectively, at least about their children’s lives, despite their separation.
A lawyer in Lehi could help you effectively navigate these issues and advocate for a child custody arrangement that serves you and your family’s best interests.
Split Custody Arrangements and Non-Parent Custody
If the parents share more than one child, the court may issue a split custody arrangement. In a split arrangement, the legal and physical custody decisions may be different for each child. Sometimes, an adult other than a parent, like a grandparent or other relative, may also be awarded sole or joint custody, depending on the other circumstances in the case. A child custody attorney in Lehi could determine the likelihood of a split custody arrangement in your case and help you explore your legal options.
Seek the Services of a Lehi Child Custody Attorney Today
Custody arrangements can shape the future for divorcing parents for years to come. They affect nearly every aspect of family life, including where you live, how you celebrate holidays and vacations, and even your new relationships.
Because custody is such an important issue, you need a trusted advocate on your side. Unlike large corporate firms, Attorney Michelle Christensen works closely with clients, ensuring each case receives the attention it deserves. If you are facing a custody battle or modification, reach out to our experienced Lehi child custody lawyer today.