If you’re dealing with custody issues in a family law matter here in Salt Lake City, UT, you’ll be able to form the best parenting plan when you know what factors the courts use to decide a child’s best interests. Your attorney can help you come up with a parenting plan that will meet this obligation, and, if you’re in a contentious divorce situation, also help you show the court why your plan is the best one for your child.
Mandatory Safety Factors the Courts Must Consider
Utah courts start by examining several specific safety concerns. They’re looking for any evidence of:
- Domestic violence
- Physical abuse
- Sexual abuse involving the child or any household member
- Intentional exposure of a child to pornography or other harmful material
These elements must be considered before any other considerations can move forward.
Additional Factors
After considering the safety requirements, judges will next consider each parent’s understanding of and ability to meet the child’s physical, emotional, educational, medical, and special needs. The court will then look at whether a parent can communicate well with the other parent, encourage love and affection between the other parent and the child, and be willing to allow frequent contact (except, of course, in situations where protective orders are in place).
The court will also look at the emotional stability and moral character of each parent, their financial responsibility (or lack thereof), and their track record of involvement in their child’s life. Other important considerations include:
- Who the primary caregiver has been up to this point
- How well the child is currently adjusted to life with their primary caregiver
- The child’s family, school, and community bonds
The Child’s Input
The wishes of the child are taken into consideration, but their age, cognitive ability, and emotional maturity matter here. The older and more mature the child, the more their personal opinion will count.
The judge may want to speak privately with the child in chambers to discover the child’s preference, and they must give extra consideration to the child’s wishes when the child is fourteen years old or older. The child’s preference can never be the sole deciding factor, though.
How Family Law Arrangements Influence Custody Decisions
Utah allows judges to review all the relevant information together, and this is a positive for a good parent, as it gives you the opportunity to propose a parenting plan and offer evidence showing why it’s not only best for the child but also fits your unique family circumstances realistically.
Additionally, you should understand that the law presumes that joint custody is in the child’s best interests. If you believe the other parent should not share custody, the onus is on you to prove this with evidence that shows why it isn’t in the child’s best interests.
Working With a Salt Lake City, UT Attorney
A lawyer with extensive experience in the family law courts of Salt Lake City can not only help you understand what the courts are looking for but also help you build a strong case for the parenting plan you know is best for your child. Call us now at Porter Family Law at 801-336-4923 to request a consultation. We serve the greater Salt Lake City area and beyond from our offices in Ogden and Vernal.
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