Getting divorced or separated from the person that you have children with can be a daunting time for both of you- and an even more difficult one for the children. This is especially the case when the children go live with one parent and visitation must be worked out for the non-custodial parent. These situations may lead to child support, custody and visitation legal battles that can go on for years. Laws in Utah are a bit different when it comes to child custody and visitation laws, so you may be surprised at the myths dispelled below for parental visitation rights.
The Court Makes all the Decisions in Utah Child Visitation
In the case of an amicable break-up and shared custody, parents are encouraged to come to an agreement called a “Parenting Plan”. This plan is then filed with the court and reviewed by a judge to assure that the plan falls in line with the best interests of the child(ren). This plan is only approved by the courts- the parents can come up with any plan that serves the best interests of the child and coordinates with their personal schedules.
A Non-Custodial Parent May Fight in Court for Years for Visitation
During divorce or separation, common ground may be difficult to attain. This is where the courts will step in to set up a mandatory parenting schedule for the non-custodial parent. Utah law has determined a minimum visitation agreement for parents to see their children regularly if they can’t come to an agreement on their own. This type of mandated visitation ensures that the non-custodial parent has a minimum amount of time to spend with their child during the week, as well as on weekends and holidays. The laws and time that is allotted is broken down by age- under 5 and 5-18- with an optional schedule for those with more hectic work schedules. There are additional considerations for parents in the military.
Find a Lawyer with your Best Interests at Heart
Each case is unique and when families are involved- it’s personal and emotional. As with any legal battle, it’s important to have an attorney on your side that will work hard for your desired results. David Pedrazas is a reputable professional attorney in Utah that has been practicing divorce and family law for the past 20 plus years. Through his decades of professionalism and diligence, he has been recognized as one of the top divorce attorneys in Salt Lake City by the National Academy of Family Law Association, the American Academy of Trial attorneys and the American Institute of Family Law. If you’re confused as to what your parental rights are or are in the middle of a divorce or custody battle and need some sound advice, you can contact David Pedrazas for a consultation. He will review your case for free and offer some ideas toward the next steps in your child custody or visitation case.