When facing Divorce with Child Custody issues you need to make sure you have a Divorce lawyer who understands the and can protect your rights and interests while you are going through your divorce. Arnold, Wadsworth & Coggins Attorneys has offices in Salt Lake City and Ogden, Utah to help you with your divorce and family law needs. If you are facing a child custody battle in your divorce in Salt Lake City then our divorce lawyers will take the time needed to talk to you and explain your rights and interests as it pertains to child custody.
During the divorce you will be forced to create a parenting plan if you and your ex-spouse will be sharing joint custody of your children. The Divorce court will want to see that you have come up with a plan that is in the best interest of your children. The divorce attorneys at Arnold, Wadsworth & Coggins Attorneys will explain to you what a parenting plan is and how you to best secure your interests through the parenting plan.
If you are facing divorce make sure to call Arnold, Wadsworth & Coggins Attorneys to set up a free consultation. During the consultation, we will go through your divorce and figure out where you are in the process. We will explain what the next steps are and how to move forward.
“By statute, the district court has continuing jurisdiction over the subject matter of a divorce and may later make such changes in custody provisions as it determines are “reasonable and necessary” for the welfare and “best interests” of the child. U.C.A., 1953, ss 30-3-5(1), 30-3-10. However, since a custody decree is predicated on a particular set of facts, that decree is res judicata and will not be modified in the absence of a showing of a “substantial” or “material” change of circumstances which warrants doing so. Trego v. Trego, Utah, 565 P.2d 74, 75 (1977); Smith v. Smith, Utah, 564 P.2d 307, 309 (1977). Thus, this Court has held that where there is no allegation of a substantial or material change of circumstances, a petition to modify a custody decree should be dismissed. Perkins v. Perkins, Utah, 522 P.2d 708 (1974) (visitation rights). See also Cody v. Cody, 47 Utah 456, 469, 154 P. 952, 957 (1916) (custody, child support, alimony, etc.). Similarly, we have said that a custody decree should not be modified unless changed circumstances are demonstrated. Nielsen v. Nielsen, Utah, 620 P.2d 511, 512 (1980); Anderson v. Anderson, 13 Utah 2d 36, 39, 368 P.2d 264, 265-66 (1962).”
Hogge v. Hogge, 649 P.2d 51, 53 (Utah 1982)