What is the “Child’s Best Interests”?

In Utah, the most important factor when establishing child custody after a divorce is the best interests of the child. This covers the child’s emotion, physical and financial well-being, as well as their overall happiness. In order to achieve this, different legal and physical custody arrangements, as well as visitation rights, may be established.

There are quite a few factors that could go into determining the best interests of the child. Perhaps the most straightforward is the child’s wishes. If they wish to live with one parent over the other, they may be able to. But if their choice has mental or physical issues or a history of domestic violence, that parent may not be granted custody. In addition, if the parent cannot financially take care of the child, custody may go to the other parent.

It is also important to consider stability. If mom or dad are staying in the home in which the child has grown up, they may be given preference. This is also important when thinking about the religion or culture the child is accustomed to, and any other siblings in the mix.

Finally, if a parent has a history of drug use, child abuse or other habits that are detrimental to the child, they will likely not be granted any form of custody. In fact, such acts could prevent visitations rights.

Often, child support cases are taken care of outside the court. But if parents cannot come to an agreement, the Utah courts may make the decision for them. A divorce attorney may be able to help fight for your custody rights in court.

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Daniel is guy who truly wants to help. Working with him never feels transactional. He truly does provide you with tailored solutions for divorce which is rarely a "cut and paste" situation. Thanks again for your help Daniel!
David and Dani were very helpful and made my case as stress free as possible.
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I’m so grateful for attorney Nicholas Schwarz and paralegal Carren Leavitt at Brown Family Law. From day one, they were ready to work with me immediately, making my case feel like a top priority. Their organization is exceptional, every detail was handled with care and efficiency. Most importantly, their commitment to communication stood out. They kept me informed every step of the way, answered questions promptly, and made sure I fully understood my options.

If you want a legal team that is proactive, organized, and truly dedicated to their clients, I highly recommend Nicholas and Carren at Brown Family Law.
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Clay was great to work with! He was very willing to explain everything I needed to know and helped me understand the options on my case. Very easy to work with.
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Marco and his team at Brown Family Law have created nearly the perfect system for getting divorced in Utah. From the initial intake, to gathering all of the necessary documentation, to the client communication in between. There is so much work that goes into getting divorced, but with Marco and his team you'll always know where you are in the process and what happens next, which is such a comfort. Would highly recommend.
I would give them 10 stars if I could. Clay was professional and super organized. He took the time to explain everything. I would highly recommend him for any family law needed. Melanie was a godsend. She not only kept me continually informed of the progress, she sent texts of encouragement and support throughout the entire process. I would give her 100 stars for going above and beyond to make this experience less stressful. Her encouragement and genuine caring were comforting and calming. The entire staff at Brown Law are on your side and if you are lucky enough to get Clay and Melanie on your team you will not be disappointed. Thanks! Mack M.
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