How Can I Get Sole Custody in Utah?

Overcoming Legal Presumptions Can Be Challenging

Not all relationships work out, and when they fail, it’s typically possible to just move on with your life. This becomes much more difficult when children are involved. In most cases, there’s a general legal presumption that shared child custody arrangements are in the best interest of a child. Knowing how to get sole custody in Utah means overcoming this presumption.

If you believe securing sole custody is truly in your child’s best interest, then nothing should stand in your way. However, it’s important to understand that this will not always be easy. When courts issue such custody orders, they’re essentially removing established rights for one of the parents. It’s your job to show them that this is the right decision.

Understanding Child Custody in Utah

Parents seeking sole custody must first understand that there are different types of custody under the law. Sole parental rights can be granted in either or both of these areas. Physical custody relates to where a child lives and who provides daily care. Legal custody determines who gets to make important decisions (e.g., education, religion) for the child.

When sole custody is awarded, courts often apply it to both legal and physical custody. This is common if one parent is deemed unfit due to abuse or other reasons. Put simply, the best interests of the child are paramount, and this often means both forms of custody are dealt with simultaneously. Sole physical custody with joint legal custody is also a common outcome.

Knowing how to get sole custody in Utah means recognizing that your path can look very different depending on what type of custody you’re seeking.

Filing for Sole Custody in Utah

Since there’s a presumption that joint custody is in a child’s best interest, there’s a legal process you’ll need to go through if you want to secure sole custody. During this process, the courts will hear your case and make their decision based on the best interests of the child. An attorney can help you through the process, but it’s still important to understand the general steps:

• File custody petition with court: This can be filed as part of a divorce or separation case, or unmarried parents can file a custody case in family court
• Serve your child’s other parent: You must legally notify the other parent of the custody case. Certain legal requirements must be met in this process
• Prepare evidence: Gather proof that your receiving sole custody is in the best interest of your child
• Attend mediation: Utah courts will sometimes order mediation before proceeding to trial
• Attend the hearing: You’ll present your case, evidence, and witnesses during the custody hearing

Once this process is complete, a judge will hand down their decision. While an appeal is possible, it may be a better decision to speak with your attorney about your options. Remember, the courts are not going to grant sole custody simply because one parent doesn’t like the other. If an appeal is to be successful, building a stronger case will be necessary.

Modifications are also possible when an appeal is inappropriate. Again, it is recommended to discuss this option with your attorney.

How Does Custody Work for Unmarried Parents?

Many child custody cases are handled through the divorce process. Of course, not all parents are married when they have a child together. This can complicate matters for some parents, but it makes things easier for others. For instance, the mother of a child has sole custody by proxy unless the father establishes legal paternity.

If you’re the child’s mother and the other parent doesn’t make the effort to establish paternity, then there’s nothing you need to do. You have full rights. If paternity has been established, then the parent seeking sole custody will need to go through the normal process of filing with the courts. Essentially, legal recognition of parentage grants the same rights as marriage.

What Happens After a Custody Decision?

Knowing the process of how to get sole custody in Utah doesn’t mean you’ll be successful. However, there may still be certain rules you need to follow even if the courts do give you sole rights over your child. For instance, the courts will typically grant visitation rights to the non-custodial parent as long as doing so is safe for the child.

Gaining sole custody does not grant the right to ignore visitation orders. Doing so can result in an array of legal penalties. The non-custodial parent can also use a parent’s refusal to abide by a visitation order as evidence that the custody order should be altered. The moral of the story is this: always follow the judge’s decision and go the legal route when changes are necessary.

Child Custody Modifications

Family courts recognize that situations can change over time. This is why judges can modify existing custody and visitation orders when necessary. However, such a request will typically need to be accompanied by evidence of a substantial change in circumstances. This means current information would’ve affected the original order had it existed at the time.

Like the original steps to get sole custody in Utah, you’ll need to file a petition with the court for a modification. Perhaps you feel your joint custody order is no longer in your child’s best interests, or maybe you believe an existing visitation order is damaging for your youngster. Whatever the underlying circumstances, these processes can be difficult to navigate alone.

Do You Need an Attorney?

One of the great things about the American legal system is that people have a multitude of rights. One such right allows parties in a case to represent themselves, and with so many do-it-yourself legal websites out there, you may be tempted to take on the system alone. Unfortunately, this can result in less than favorable outcomes.

When the government gets involved in these cases, they want convincing evidence that they should ignore legal presumptions. You need to show that joint custody is not in your child’s best interest, and simply knowing how to file for sole custody in Utah isn’t enough. Fortunately, an experienced attorney can guide you through the process.

At RCG Law Group, our dedicated team of family law professionals is here to help. Contact us at 385-503-3663 for your free consultation.