Call Us Now
Email Us Now
Earning the Trust of South Jordan Families
Once the painful decision to divorce has been reached, parents’ immediate concerns are naturally for their children and what will happen to them. While it is a stressful time for everyone involved, RCG Law Group recognizes and values how important it is for your children to be allowed to spend as much quality time as possible with both parents. We are devoted to providing quality legal services to meet your family’s needs.
The five types of custody arrangements available in South Jordan include:
- Joint legal custody means that parents maintain equal rights to make meaningful choices about the children’s schooling, healthcare, and other significant decisions about upbringing.
- Joint physical custody- Both parents spend a significant, if not equal, amount of time with the children. This ensures that both parents maintain a strong bond with the children despite the divorce.
- Split custody- one parent is in charge of making some decisions while the other parent takes responsibility for other decisions
- Sole legal custody- one parent is given the authority to make crucial decisions for the children
- Sole physical custody- Only one parent retains physical custody of the children, while the other parent spends time with them during their scheduled vacation time.
Every family is unique, and each family has its journey. Divorce does not change that. Our family law attorneys will work tirelessly to help your family achieve the most appropriate custody arrangement for your situation—call 385-503-3663 for a strategy session.
What Factors are Considered in Custody Arrangements?
In Utah, the courts consider many factors in child custody orders. Generally, courts prefer custody arrangements in which the parents are willing to work together in the best interest of their children despite any hostility between the two divorcing parties.
The courts consider the children’s wishes in custody orders as often as possible. When factoring these preferences into custody orders, the judge will consider the children’s ages, maturity, and judgment.
What Are Some of the Reasons A Parenting Plan Might Be Modified?
There are many reasons someone might want to modify their parenting plan. The family court must approve all modifications to a formalized custody agreement and parenting plan in Utah. You must have a valid reason for wishing to modify the plan. Disliking the other parent or desiring to limit their access to the children out of spite when it is not in the children’s best interest is not a good enough reason, and the court will reject it. When seeking to modify a parenting plan, you must always stop and consider, first and foremost, if it is in your child’s best interest.
Are Differing Religious Views a Reason to Modify Parenting Plans?
In Utah, the child’s best interest is the guiding principle in all custody decisions. The First Amendment protects each parent from religious persecution, including custody battles. The only exception to this rule is if it is demonstrable that the child will suffer irreparable harm or is placed in danger due to one parent’s religious views or beliefs.
For example, suppose the custodial parent belongs to a religious group that labels all non-believers as enemies or demons or that engages in violent practices as a form of protest. In that case, the Court may intervene and remove the child or modify the parenting plan or custody arrangement to protect the child.
Or, a child may experience extreme stress and develop physical ailments as a result of anxiety because they are expected to practice and participate in the traditions of multiple religions. A child scheduled to participate in the traditions of growing up in both a Jewish and Mormon household and splitting time between co-parents who pressure them to participate in those traditions may develop extreme anxiety or other physical issues. The Court may choose to intervene.
How do I Modify Parenting Time?
Multiple avenues exist to modify your parenting time. The qualified and empathetic family law lawyers at RCG Law Group will help you determine the best path for your situation.
What Are The Requirements to Modify Parenting Time?
Some basic requirements must be met for the court to consider a petition to modify
Parenting Time in Utah.
- It must have been at least a year since the current parenting order was entered
- The only exceptions to this rule are if the child is in danger or the other parent is not following the parenting plan
The second requirement is that you must prove to the Court that there has been a “substantial and continuing change of circumstances,” that the proposed change directly affects the well-being or welfare of the child, and that it is not only requested out of spite or to limit the other parent’s access to the child.
What If the other Parent Ignores the Petition?
Sometimes, the other parent needs to be more invested in the process. If they ignore the petition, it is best to seek legal counsel. In this situation, you may be able to pursue a default action from the court.
When should I Call A Family Law Attorney For Help With Parent Modification?
Modifying a Court Order is never simple. You have to prove to the Court that a significant enough change has allowed the court to consider modifying the original order. At RCG Law Group, we are prepared to help you through the maze of Utah’s Family Law. We will stand by your side from beginning to end—call 385-503-3663 for a consultation.
