ebook- father's essential guide to child

The Father's Essential Guide

Child Support & Child Custody in Utah

WallLegalSolutions.com W&W

TABLE OF CONTENTS

Introduction................................................................................1Types of Custody.............................................................2-3How to File for Custody....................................................4Factors for Determining Custody.........................5-6Gathering & Organizing Evidence........................7-9How Child Support is Calculated......................10-11Modification of Orders.....................................................12Contact Us................................................................................13

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INTRODUCTIONNot only is divorce a highly stressful, emotional life-changing experience, it is a time when importantdecisions need to be made. Emotions sometimes get inthe way of making sound decisions such as thoseinvolving child custody and support.

The state of Utah encourages parents to form their ownparenting plans without court intervention if this is at allpossible. Who the children live with, visitationschedules, who pays support and how much is paid areall issues spouses can make if they can still communicatewith each other. In some cases for some couples, it isimpossible for them to come to an agreementconcerning custody, visitation and support. Courtintervention is required to settle these importantissues. Men are affected as much as women by theprocess. They face losing custody of their children andbecoming occasional interlopers in their children’s livesas they strive to maintain their visitation rights.

If you are contemplating a divorce, or going throughone at this time, you need the legal services of attorneyswho are experienced in working on behalf of fathers inresolving custody and child support issues. The lawyerscan assist you in avoiding common mistakes and infighting for custody and child support orders that are inthe best interest of you, your children and your spouseor ex-spouse.


TYPES OF CUSTODY

Primary Physical Custody: The child will live with you and have visitation withthe noncustodial parent. Joint physical custody: Youand your spouse will put together a parenting plan forthe children to spend equal time living with eachparent. Courts often are resistant to this type of plan,finding that it is too disruptive to the children.

Sole Physical Custody with Joint Legal Custody:If you have sole physical custody, the children willlive with you. Joint legal custody means that you sharein decision making on issues such as child care,education and health care.


TYPES OF CUSTODY

Joint Legal and Joint Physical:Children live with both parents and both parentsmake important decisions about their children. Jointcustody is most successful when both parentscommunicate well with one another and are willing towork together to take care of the children's needs.Joint legal custody means that both parents makedecisions about major issues affecting the children byworking together. Joint physical custody means thatthe children live at least 111 nights a year in the homeof each parent. For practical reasons, joint physicalcustody works best when both parents live in thesame general area.

Sole Physical and Legal Custody: The children live with you and you have authority tomake all the decisions for them.

Split Custody:This arrangement means that each parent is awardedthe sole physical custody of at least one of thechildren when there is more than one child. Legalcustody of the children by the non-custodial parentmay or may not be shared as ordered by the court.


HOW TO FILE FOR CUSTODY

How to File for Temporary/Joint and Sole Custodyof Your Children:It is important to obtain temporary joint or solecustody of your children if you plan on fighting forpermanent custody. If you are awarded temporarysole custody, at the final custody hearing you canshow how well the children have adjusted and arguethat disrupting them would not be in their bestinterest. If you get joint physical custody, you canoffer evidence to the court that the children thrivewhen they are with you and that to be with you fulltime is in their best interest.


FACTORS FORDETERMINING CUSTODY

According to Utah state law, the family court is todetermine what is in the best interest of the childrenin making custody and visitation orders. In makingthis determination, the court is forbidden fromgiving preference to either parent based on thebiological sex of the parent. Both mother and fatherare to be given equal consideration based on thefollowing factors:


FACTORS FORDETERMINING CUSTODY

• The relationship the children have with each parent.• Which parent is most likely to encourage arelationship with the noncustodial parent.• Past conduct of each parent in relationship to moralstandards.• Whether either parent has exposed the children toharmful material such as pornography.• Whether there is any evidence of domestic violenceor child abuse by one parent.• The children’s desire to live with one parent or theother. This is given weight, but is not controlling.• Possible disruption of the children’s school locationand extracurricular activities in which they areinvolved.• Whether important relationships, such as withgrandparents or step-siblings will be adverselyaffected.• Ability of the parent to provide financial andemotional support of the children.• Criminal history of the parents.

The court presumes that joint legal custody is in thebest interest of the children, but that presumption canbe rebutted by a preponderance of the evidencedemonstrating that this custody arrangement wouldnot be in the best interest of the children.


GATHERING & ORGANIZINGEVIDENCE

If your spouse is fighting you and you want custody,you will need to present the court as much evidence asyou can that supports your claim, that it is in the bestinterest of your children for you to have physical andlegal custody of them. The first step is to bescrupulously honest with your attorney. Think ofanything you may have done that is the slightest bitout of line. You can be sure your spouse will bring itup in an attempt to thwart your attempt to get custody.If your attorney knows about it, there will be nosurprises and the unfortunate information can be dealtwith.

Document Everything. If you have temporarycustody, document the activities in which yourchildren participate. Keep track of your spouse’svisitation and whether or not any scheduled visitationis missed. A history of your spouse missing scheduledvisits or allowing long periods of time to pass withoutvisiting at all will help you in your quest for custody.



The court may appoint an investigator. You need to haveyour own investigator who can interview teachers,friends, parents of your children’s friends, grandparents.Even your children’s doctors, baby sitters and neighborsmay be witnesses. If you have an investigator, theinvestigator can testify and the investigative reportintroduced as evidence.

Although you do not want the custody issue to developinto a battle of, “She did - but he did” between the two ofyou, there are some important issues that need to beaddressed. Do you suspect your spouse is involved withdrugs? If so, ask the court to order drug testing. A faileddrug test will help you in your plight for custody.

Is there any reason to believe your spouse may be adanger to the children? If so, any documentation shouldbe obtained and presented to the court. This includes acriminal history background report. If she has beenabusive to you or the children, and police reports,photographs or medical records can document this,obtain them and present them to the court as evidence.

Save any voicemails, texts or emails that are threateningto you or your children. Some abusive and threateningpeople appear calm and in control when they show up atcourt hearings.



When your spouse has temporary custody and you wantfull custody: In addition to the evidence already discussed, here aresuggestions for when you do not have temporary custodyand are hoping to obtain full custody.• Keep a visitation log and document all visits. Take apicture of you with your children as proof of the visits.• Present a workable visitation plan for the noncustodialparent.• Be cooperative in trying to work out an overall plan inthe best interest of the children.• Present to the court your plan of dealing with thechildren’s day-to-day routines, school activities andextracurricular events.

If necessary, retain a psychologist who can interview yourchildren and help determine what is in their best interest.Your lawyer will help find an appropriate expert in thisfield.


HOW CHILD SUPPORT ISCALCULATED

All states, including Utah, require both parents tofinancially support their children. In order to determinethe amount each parent is required to contribute, thecourt follows established state guidelines. The courtbegins by determining the gross income of both parents.This is not as easy as it sounds and your attorney will helpyou determine your gross income according to therequirements of the statute.

After determining the income of each of you, the courtthen establishes the percentage of income you arerequired to contribute to the overall support of thechildren. Taking into consideration your custodyarrangement and number of children, the court willdetermine the amount one parent is to pay to the other.


HOW CHILD SUPPORT ISCALCULATED

As a general rule, it usually, but not always, turns outthat the noncustodial parent is ordered to pay a certainsum to the custodial parent.

The court can deviate either up or down from theguidelines if it determines it would be in the bestinterest of the children.

Some of the grounds for deviation include:• The standard of living of each parent.• Each parent’s income and level of wealth.• Each parent’s earning capacity.• Needs of each parent.• Special needs of any of the children.• Any other factor the court deems relevant.


MODIFICATION OF ORDERS

Permanent child custody and support orders areconsidered final. They can only be modified if there is asubstantial or significant change in circumstances. Theparent seeking the modification must also show that themodification is in the best interest of the children.

When one order is modified, it is almost always the casethat the other one is also modified. Generally, changesin circumstances that result in modification of ordersinclude:

• Increase or decrease in income of the paying parent.• Increase or increase in the needs of the children.• One of the parents wants to relocate.If one parent alleges the child is in any physical danger,the court may make an immediate modification order.


YOU HAVE QUESTIONS,WE HAVE ANSWERS

If you are like most divorcing parents, one of yourgreatest concerns is the well-being of your children. Akey item of dispute in many divorce proceedings is theissue of child custody. Who will get the children? If youare a divorcing parent, you need an experienced childcustody lawyer who will help you maneuver the twistsand turns of Utah child custody law. At Wall & Wall,P.C., we are seasoned family law attorneys who have agreat deal of experience in custody matters. Contact ourskilled child custody lawyers for a free consultation.

CALL 801-441-2388 FOR A FREE30 MINUTE CONSULTATION

WALL & WALL, ATTORNEYS AT LAW, P.C.2168 Fort Union Blvd. Salt Lake City, Utah 84121

ebook- father's essential guide to child

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