What Factors are Considered in A Utah Custody Hearing?

Whether the parents of a child were never married or are getting a divorce, the court considers many factors when it rules on child custody and parenting time arrangements. First, the court considers the best interests of the child. Two of the general factors considered in this first step are the moral standards and conduct of each parent and the nature, quality and depth of each parent’s relationship with the child.

Other general considerations are the likelihood of each parent to make decisions that benefit the child and permit the child to communicate frequently with the other parent. Regardless of age, the court may ask with whom the child wishes to live, but the child’s desire is not a deciding factor.

Many more factors are considered when determining what type of custody is awarded to the parents. Some of these are the distance between the parents’ residences, the ability of each parent to cooperate and make decisions with the other, the ability of the parents to prioritize the welfare of the child when making joint decisions and the role that each parent has had in raising the child. The effect that the custody ruling will have on the emotional, psychological and physical well-being or development of the child is also considered, along with the ability and willingness of each parent to shelter the child from any conflict that could surface between them.

Not all child custody cases and family circumstances are same, so some of these factors may be relevant to one case but not to another case. Likewise, other factors that are not listed here might need to be considered for some child custody cases. For instance, the history or potential of abuse might be something that the court must consider before ruling on child custody arrangements. Due to this, parents may need to talk to their lawyers regarding all of the factors that could be considered for their specific case and family circumstances before they begin the process for determining child custody.

Source: Utah Courts , “Child Custody and Parent Time“, October 14, 2014

Published On: October 15th, 2014Categories: Child CustodyComments Off on What Factors are Considered in A Utah Custody Hearing?
Share This Story, Choose Your Platform!
About the Author: Marco Brown
Marco C. Brown was named Utah’s Outstanding Family Law Lawyer of the Year in 2015. He graduated with distinction from the University of Nebraska College of Law in 2007 and is currently the managing partner of Brown Family Law, LLC.
Contact Us – We Are Here to Help You

Schedule a time to talk with us – we are here to help you. When you meet with your attorney, we will go over your entire case, your children, your money and everything else that’s important to you. Our goal is to remove the fear associated with divorce by protecting your money and maximizing your time with your kids, all within 3-6 months. We look forward to meeting with you!

Call us 24/7 at 801-685-9999 to Speak with a Live Representative
Get A Legal Consultation With An Experienced Utah Attorney
Your privacy is 100% guaranteed, your information will never be sold or shared.

While this website provides general information, it does not constitute divorce advice. The best way to get guidance on your specific divorce issue is to contact a lawyer. To schedule a divorce consultation with an attorney, please call or complete the intake form above.

The use of the Internet (or this form) for communication with the firm (or any individual member of the firm) does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.