Divorce Attorney in Salt Lake City | Arnold & Wadsworth

The Divorce Attorneys at Arnold & Wadsworth offer a free consultation at either of our Utah offices whether in Salt Lake City or Ogden. This will allow you to ask one of our experienced divorce lawyers questions about your case. Most questions usually revolve around child custody and parenting plans.

In Utah there are two types of custody; legal and physical. It is important that when you are dealing with child custody in your divorce that both types of custody get discussed and decided. With each type of custody comes certain rights and obligations. In order to fulfill your responsibility you will want to know what each custody entails and promotes. A common mistake that people make when going through a divorce is automatically giving custody to the other spouse whether it is legal or physical. Once you do this you forfeit certain rights and obligations that benefit you and your relationship with your children. For example, legal custody gives you the right to have input on major decisions in your children’s lives. This will become apparent while your child is in school, or faces serious and life altering medical decisions. You need to make sure that your child or children have the benefit of your input when it comes to legal custody and the decisions that become of that type of custody.

Call our divorce lawyers today at (801) 475-0123 or visit our Divorce Website at http://www.arnoldwadsworth.com

We look forward to hearing from you and helping you get results in your divorce case.

Child Custody Evaluations | Utah Divorce Lawyers

What is a Child Custody Evaluation 

A child custody evaluation usually occurs in a divorce action that involves children. In Utah, a child custody evaluation gets ordered at a temporary orders hearing or by motion by either side. One important factor or evidence that gets admitted through the child custody evaluation in your divorce is what is called hearsay evidence. This is evidence that is communicated to the child custody evaluator by the child or children in your divorce. This essentially gives your children a voice in the divorce court proceedings through the evaluator. The difference is that the evaluator in your divorce is going to give a professional opinion as to the best interest of your child or children as it pertains to custody and a parenting plan. This can affect the custody and parent time you have with your child or children in your divorce.

Results from a Child Custody Evaluation

The child custody evaluator will do an evaluation in your Utah divorce and then will meet with both parents (with their divorce lawyers) for what is called a 4-903 conference. This 4-903 conference is really another mediation, but the difference is the evaluator will give their opinion as to what the custody should be and then you will mediate your divorce with your lawyer in a separate room. This mediation can occur at the court house or the law office of one of the divorce attorneys. The purpose is to allow you see what the opinion of the child custody evaluator as it pertains to your children and hopefully that will allow you to settle your divorce as it pertains to custody and parenting time. Sometimes this mediation works and sometimes it fails.

Divorce Lawyers in Salt Lake City

At Arnold & Wadsworth we have divorce lawyers that have experience with child custody evaluations in divorce actions. Call (801) 475-0123 today for a free consultation. Our divorce lawyers will assess your situation to make sure you are considering all angles and opportunities in your divorce action.

Divorce and Mediation in Utah | Salt Lake Divorce Lawyers

A question that we at Arnold & Wadsworth get a lot is whether mediation is required when it comes to a divorce. The answer is Yes. It is also required if you file a petition for a divorce modification. The reasons that it is required in a divorce situation in Utah is because the hope is that you know what is best for you life including your children’s lives. Lets face it, no one knows your spouse or ex-spouse better than you. Sometimes that can be a good thing and sometimes it can be bad. The Courts hope that you will use this knowledge to get a good outcome, even if you have to be creative in order to get that outcome in your divorce case.

You are allowed to have your divorce lawyer with you at the mediation. This can be a great source of legal wisdom. The divorce lawyer can tell you if you are on the right track or even if they think the resolution you are getting is legally viable. Another important function of a divorce lawyer at mediation is that they can educate you on what a divorce trial would entail and what kind of possible outcomes you would be facing. At Arnold & Wadsworth our divorce lawyers are always trying to educate our clients on the divorce process and laws in Utah. This knowledge will enable you to make better decisions throughout the process.

If you would like to look at some of our reviews when it comes to divorce click HERE to see Brian Arnold’s reviews.

Arnold & Wadsworth | Salt Lake City Divorce Lawyers

 

Utah Child Custody – Arnold & Wadsworth

As a child custody lawyers in Utah we understand how important your children are to you. So what happens if you have moved to Utah from another state and want to enforce the child custody determination made in another state? In Utah there is a duty to enforce the child custody determination made in another state. This power comes from Utah Code Annotated 78B-13-303;

78B-13-303.   Duty to enforce.
(1) A court of this state shall recognize and enforce a child custody determination of a court of another state if the latter court exercised jurisdiction that was in substantial conformity with this chapter or the determination was made under factual circumstances meeting the jurisdictional standards of this chapter and the determination has not been modified in accordance with this chapter.
(2) A court may utilize any remedy available under other law of this state to enforce a child custody determination made by a court of another state. The procedure provided by this part does not affect the availability of other remedies to enforce a child custody determination.

This is the statute that tells commissioners in Utah how to handle or enforce the custody determination of another state. You will also need to register the divorce decree or child custody determination in the state of Utah so that any future violations can be enforced in the Courts in Utah. Also, this statute can be used to enforce of an order to return a child under the Hague convention on Civil Aspects of International Child Abduction.

As always we offer a free consultation to explore your rights and to give you a road map on how you should handle your case. Give us a call today to talk to one of our divorce lawyers at (801) 475-0123.

 

Utah Divorce Modification Attorney – Arnold & Wadsworth

During divorce, most of the people will sign a settlement agreement or received the court’s final decree. These documents contain the basic details about the payment including the amount and duration. Due to the important changes in the situations of the partners, post divorce modifications can be done. If one of the parents are unable to meet the responsibilities due to some justifiable changes in their lifestyle or financial situation, then they will come back to court for divorce modifications. This usually can include a change in job or salary. This can also mean a change in the child’s life such as grades, security or lifestyle.

Most of the times, divorce modifications occur due to the children custody or support problems, however there are situations which involve a change in alimony provision, agreements of the properties and debt dispersion. During all these circumstances, if the things have modified to a greater extent after the divorce, then the decisions about the issues such as alimony, child support and custody, visitation can be modified even after receiving the divorce. The circumstances of the party requesting for modification should have been altered to a greater extent after the initial order has been made. Minor disagreements will not be helpful in requesting for a modification.  In some situations, Arnold & Wadsworth will be able to help the parents to come to proper agreements with each other without the involvement of the court. However, certain situations must be resolved only in the District court.

If one of the parents is requesting a modification due to their relocation, they must justify the reason for their relocation in the court. The court will be analyzing whether this modification is suitable and reasonable. Relocation of parents involves the modification of custody arrangements. This may also involve a change in the payment of the child support if the other parent needs to spend the traveling fees to visit the child.

Call today to set up a free consultation at (801) 475-0123, or you can check out our full WEBSITE – Utah Divorce Attorneys

Child Custody Attorneys – Salt Lake City Utah – Arnold & Wadsworth

Check out our full website ArnoldWadsworth.com

- We offer a free consultation

Child Custody Lawyers

Child Custody is probably the most important issue in any divorce or post divorce. The time with your children and custody of them is what means the most. Child Custody in Utah can be a complicated and emotional roller coaster. We have the experience you need to be able to help you with your custody legal process.

Utah Child Custody

Utah Code Annotated 30-3-10 is titled Custody of children in case of separation or divorce–Custody consideration. In this statute it explains what the court will consider when looking at child custody.

BELOW IS THE CHILD CUSTODY STATUTE:

(1) If a husband and wife having minor children are separated, or their marriage is declared void or dissolved, the court shall make an order for the future care and custody of the minor children as it considers appropriate.

(a) In determining any form of custody, the court shall consider the best interests of the child and, among other factors the court finds relevant, the following:
(i) the past conduct and demonstrated moral standards of each of the parties;
(ii) which parent is most likely to act in the best interest of the child, including allowing the child frequent and continuing contact with the noncustodial parent;
(iii) the extent of bonding between the parent and child, meaning the depth, quality, and nature of the relationship between a parent and child; and
(iv) those factors outlined in Section 30-3-10.2.
(b) The court shall, in every case, consider joint custody but may award any form of custody which is determined to be in the best interest of the child.
(c) The children may not be required by either party to testify unless the trier of fact determines that extenuating circumstances exist that would necessitate the testimony of the children be heard and there is no other reasonable method to present their testimony.
(d) 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.
(e) If interviews with the children are conducted by the court pursuant to Subsection (1)(d), 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.
(2) In awarding custody, the court shall consider, among other factors the court finds relevant, which parent is most likely to act in the best interests of the child, including allowing the child frequent and continuing contact with the noncustodial parent as the court finds appropriate.
(3) If the court finds that one parent does not desire custody of the child, the court shall take that evidence into consideration in determining whether to award custody to the other parent.
(4)(a) Except as provided in Subsection (4)(b), a court may not discriminate against a parent due to a disability, as defined in Section 57-21-2, in awarding custody or determining whether a substantial change has occurred for the purpose of modifying an award of custody.
(b) If a court takes a parent’s disability into account in awarding custody or determining whether a substantial change has occurred for the purpose of modifying an award of custody, the parent with a disability may rebut any evidence, presumption, or inference arising from the disability by showing that:
(i) the disability does not significantly or substantially inhibit the parent’s ability to provide for the physical and emotional needs of the child at issue; or
(ii) the parent with a disability has sufficient human, monetary, or other resources available to supplement the parent’s ability to provide for the physical and emotional needs of the child at issue.
(c) Nothing in this section may be construed to apply to adoption proceedings under Title 78B, Chapter 6, Part 1, Utah Adoption Act.
(5) This section establishes neither a preference nor a presumption for or against joint legal custody, joint physical custody or sole custody, but allows the court and the family the widest discretion to choose a parenting plan that is in the best interest of the child.

Divorce Attorneys in Salt Lake City Utah

Divorce Attorneys in Salt Lake City Utah

What are you looking for when looking for a divorce attorney in Utah? Usually people are looking for an attorney that is willing to fight for what they believe to be right. Whether that is a child custody issue, or a divorce, they want an attorney that is on their side. At Arnold & Wadsworth we will take the time to listen to what you want. At our initial free consultation we will tell you what we think your odds are at success and the pros and cons to approaching your child custody or divorce legal issue. With offices in Salt Lake City and Ogden, Utah we can service your legal needs in every county in Northern Utah. Take advantage of our free consultation and give us a call today at (801) 475-0123.

Child Custody Evaluation

If you are facing a child custody evaluation give us a call today. If your divorce has progressed to the point where you need a child custody evaluator then you need an attorney that is going to present your side of the custody battle in a concise and clear way. This way the judge will be able to clearly understand why you should be the primary custodial parent. Give us a call today for a free consultation.

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