How does child custody work in a divorce?

How does child custody work in a divorce?

In a divorce, child custody is the legal arrangement to care for and control the couple's minor children. When parents divorce, they must come to an agreement on who will have custody of their children and how much time the other parent will be allowed to spend with the children.

Types of Child Custody

There are two main types of child custody: legal custody and physical custody.

Legal custody refers to the right to decide about the child's upbringing, such as education, healthcare, and religious upbringing. In most cases, parents are awarded joint legal custody, meaning they must consult each other and make decisions together.

On the other hand, physical custody refers to where the child will live and who will be responsible for their care daily. In some cases, one parent may be awarded primary physical custody while the other parent is granted visitation rights. In other cases, parents may agree to shared physical custody, in which the child splits their time between both parent's homes.

Determining Child Custody

When determining child custody, courts will always consider the child's best interests. This means that the court will consider various factors, such as the child's relationship with each parent, the child's age and health, and the ability of each parent to provide for the child's needs.

In some cases, the court may appoint a guardian ad litem who advocates for the child's best interests. The guardian ad litem will investigate and recommend to the court what custody arrangement would be in the child's best interests.

Modifying Child Custody

Child custody arrangements can be modified if circumstances change. For example, if one parent moves away or the child's needs change, the court may modify the custody arrangement to reflect these changes.

To modify a child custody arrangement, one of the parents must file a motion with the court and provide evidence of the change in circumstances. The court will then hold a hearing to determine whether a modification is necessary and in the child's best interests.

Seeking Legal Help

Child custody can be a complex and emotional issue in a divorce. If you are going through a divorce and have minor children, it's a good idea to consult a lawyer who can help you understand your rights and options. A lawyer can also represent you in court and help you negotiate a custody arrangement that is in your and your child's best interests.

Child Custody Attorney Free Consultation

If you are looking for a legal advice about child custody law or in need an attorney, call this law firm for free consultation. We have the Best Attorneys in Utah.

Ascent Law LLC

8833 S Redwood Road Suite C

West Jordan UT 84088

(801) 676-5506

https://www.ascentlawfirm.com

Disclaimer: This is not legal advice and is simply an answer to a question and that if legal advice is sought to contact a licensed attorney in the appropriate jurisdiction.

Location: Clearfield, UT, USA

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