CHILD CUSTODY IN UTAH
In a relocation case, the standard to be met by the moving Party (if the Person is trying to move more than 150 miles away) is the best interest of the child. In Utah the “best interest of a child” is usually met under the standards of a child custody evaluation. Under a child custody evaluation there are several factors that are considered in order to make a recommendation as to child’s best interest as outlined by Rule 4-903. Rule 4-903 outlines certain factors that must be evaluated by a child custody evaluator. That rule states that evaluators “must” consider such factors. There are fourteen (14) factors and a catch-all factor that includes anything the evaluator deems relevant. In some Court proceedings, the Judge will not consider all of them or will deem some factors more important than others. Anytime you are in court and the judge is trying to decide what is in the best interest of the child you must make sure that you argue and present evidence considering all of the child custody evaluation factors under Rule 4-903. If you do not present evidence considering all and arguing all those factors then you run the risk of the judge not understanding or fully incorporating your whole child custody situation. “A determination of the children’s best interests turns on numerous factors, each of which may vary in importance according to the facts in the particular case.” Sanderson v. Tryon, 739 P.2d 623, 627 (Utah 1987).
The first factor under Rule 4-903 is the “child’s preference.” This factor needs to be considered by a court. This can usually be done with more effectiveness if the child is older than twelve (12) years old. If the child is younger you might need a therapist who has personal experience with the child or a guardian ad litem (GAL) to give their professional opinion after assessing the whole situation and factors. “Such preferences are properly considered by the trial court in determining future custody although they are not necessarily controlling. U.C.A., 1953, § 30–3–10; Bushell v. Bushell, Utah, 649 P.2d 85 (1982).” Williams v. Williams, 655 P.2d 652, 653 (Utah 1982). Therefore, a court should consider a child’s preference no matter the age. You must make sure that you are properly presenting this evidence in a way that the Judge will understand and give weight to. If you do not present the evidence in such a manner you run the risk of the judge totally dismissing the evidence and not considering it relevant.
Going through a child custody court proceeding can be extremely stressful. It is important that you have a lawyer that you can trust and have confidence in. At Arnold, Wadsworth & Coggins Attorneys, we are a Salt Lake City Divorce law firm that offers a free consultation in order to assess your case and give you a roadmap on how to handle your case. We understand that circumstances can change and therefore we aggressively represent your rights in your child custody situation.
