Did you know that when you have child custody issues in a divorce in Utah that the judge can interview your children and ask them what they want, or if there is anything that your children want them to know. I think this can also be helpful when you have had a child custody evaluation done without the result you though would occur. An interview of your child or children can be done according to Utah law:
Utah Code Annotated 30-3-10(1)(e)
(e) The court may inquire of the children and take into consideration the children’s desires regarding future custody or parent-time schedules, but the expressed desires are not controlling and the court may determine the children’s custody or parent-time otherwise. The desires of a child 16 years of age or older shall be given added weight, but is not the single controlling factor.
(f) If interviews with the children are conducted by the court pursuant to Subsection (1)(e), they shall be conducted by the judge in camera. The prior consent of the parties may be obtained but is not necessary if the court finds that an interview with the children is the only method to ascertain the child’s desires regarding custody.
Some judges in Utah will refuse to do this. Some judges will perform this interview as allowed by Utah law. I believe this would give the judge a clearer picture of the case and let the judges know what kind of issues they are going to face with the custody in the impeding divorce. I think you need to do all that you can when it comes to a divorce action in Utah concerning your children. If you are seeking custody you need to know all your options. Give us a call today for a free consultation at (801) 475-0123.
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