If you are facing a child custody legal battle in your divorce (in Utah) you need a divorce lawyer that understands how to establish what is in the best interest of the child (or children) and what parenting plan would work best for your situation. The Court is going to evaluate the parents and decide what is in the best interest of the child or children and which parent bests decided what is in their best interest;
“(2) In awarding custody, the court shall consider, among other factors the court finds relevant, which parent is most likely to act in the best interests of the child, including allowing the child frequent and continuing contact with the noncustodial parent as the court finds appropriate.”
Utah Code Ann. § 30-3-10 (West)
As a parent to your children you know what is in their best interest. You have been to doctor’s appointments, and been involved in their school work. Having been part of all these activities and medical procedures puts you in a better position to decide what is in your children’s best interest.
In Utah, there is a presumption that joint legal custody is in the child’s best interest. Joint legal custody is not the same thing as joint physical custody. In order to have joint physical custody a parent must have at least 111 overnights a year with the child. This is overnights, not days. This is important to remember when establishing your parenting plan.
With offices in Salt Lake City, and Ogden Utah the divorce lawyers at Arnold, Wadsworth & Coggins can help you be smart and aggressive in your divorce to help you get the best outcome. Call today for a free consultation.