Tuesday, May 16, 2017
Thursday, May 11, 2017
Wednesday, May 10, 2017
How Is Child Custody Determined in Utah?
child custody lawyer in utah
How Is Child Custody Determined in Utah?
Some of the biggest concerns for people filing for divorce have to do with custody of the children. This can get messy when each parent has a different desire for what happens to the children. However, the court’s priority when determining custody is what is best for the child, regardless of whatever else happens in the divorce proceedings. I’ve previously discussed this here.
What goes into consideration when deciding custody?
A family court judge or court commissioner will hear the case as each side presents evidence to their case for being the best suited caretaker for the child.
Since the court decides custody based on what is best for the child, factors like who filed first will not affect the court’s decision on who gets custody. However, the Utah Courts have published information and case law and statutes in Utah tell us what will affect the court’s decision:
“General factors for determining the best interests of a child if the parents dispute custody:
– the parents’ conduct and moral standards;
– which parent is more likely to act in the child’s best interest;
– which parent is more likely to allow the child frequent and continuing contact with the other parent;
– the depth, quality, and nature of the relationship between a parent and child.
The judge may ask a child who the child wants to live with, but the desires of a child—regardless of age—are not controlling, and the court may determine custody contrary to the child’s desires.
In determining whether the best interest of a child will be served by ordering joint legal or physical custody, the court may consider the following factors:
– whether joint legal custody or joint physical custody will benefit the child’s physical, psychological, and emotional needs or the child’s development;
– the parents’ ability to give first priority to the child’s welfare and reach shared decisions in the child’s best interest;
– whether each parent is capable of encouraging and accepting a positive relationship between the child and the other parent, including the sharing of love, affection, and contact between the child and the other parent;
– whether both parents participated in raising the child before the divorce;
– the distance between the parents’ homes;
– the child’s preference (if the child can form a preference about joint legal or physical custody);
– the parents’ maturity and their willingness and ability to protect the child from conflict that may arise between the parents;
– the parents’ ability to cooperate with each other and make decisions jointly;
– any history of, or potential for, child abuse, spouse abuse, or kidnapping; and
– any other factors the court finds relevant.”
I’ve also outlined an overview of family law and divorce in an interview that you should find helpful.
What happens after custody is determined?
According to law, the parents must abide by the court’s decision, whatever it may be. Parent time and child support may not be withheld if the court has demanded it be given. Violation of the court orders can result in judgement, fines, and even jail time.
Custody orders may be modified, but only through petitioning the court, and only if there have been significant changes in the circumstances that change what the best interests of the child would be.
For more information on child custody and divorce law, a free initial consultation is your next best step. Get the information and legal answers you’re seeking by calling (801) 876-5875 today.
8833 S. Redwood Road, Suite C
West Jordan, Utah
84088 United States
Telephone: (801) 876-5875
Additional Resources
Main Concerns About Child Custody
How is Child Custody Determined as a Part of Divorce”
source http://www.ascentlawfirm.com/how-is-child-custody-determined-in-utah/
Monday, May 8, 2017
Tuesday, May 2, 2017
Tuesday, April 25, 2017
Wednesday, March 15, 2017
How Much Will A Car Accident Attorney Cost?
Many people who have been injured in a car accident do not seek out a car accident lawyer because they do not think they can afford the services of an accident attorney. While the fact is that attorneys rarely offer pro-bono (or free) legal services, the truth is that there are a number of different ways that attorneys bill for their services. If you choose not to seek an attorney, the potential for no settlement or a smaller settlement may end up costing you more than hiring an car accident lawyer would have. Here is a general overview of the typical fee arrangements that may be available if you choose to work with an injury attorney.
Hourly Billing
This is the typical arrangement people think of when they think of working with an attorney. In this scenario, the attorney tracks the amount of time that he or she works on your case and bills you at a predetermined hourly billing rate. Most attorneys round their bill to the nearest tenth of an hour (6 minute billing increments). The billing rate can for an attorney can span a large range from just a few hundred dollars an hour to several hundred, depending on the skill and experience of the attorney. Make sure you get a fee agreement up front, read it carefully, and understand all the expenses associated with your attorney-client relationship.
Contingent Fee
Some attorneys, especially injury lawyers, are willing to work with clients on a contingent fee basis after conducting an analysis of the case. If an attorney agrees to work on a contingent fee basis, the attorney may take no money upfront, or may only require the client to pay filing fees upfront. Then, if the attorney is successful in getting a settlement or judgment for their client, the attorney takes a percentage. The amount kept by the attorney varies based on the type of case and what stage of litigation the case proceeds to, but it typically ranges from 25-40%. While that is a significant percentage of the proceeds, the client must keep in mind that the attorney bears all the risk and is entitled to no fees if he or she fails to recover damages. Additionally, many times the settlement a client gets after the fees are taken by the lawyer still far exceeds the amount the client may have been able to negotiate on their own.
Pro-Bono Arrangement
Under some circumstances, attorneys may be willing to represent an injury client free of charge. These representation arrangements are typically arranged through community organizations and are available to only certain, typically low-income, individuals.
If you are considering hiring an injury lawyer, search for one that will work with you in a fee arrangement that works for you. Be sure to ask upfront if the attorney offers free consultations, and if so, consider all the information provided by the attorney in your consultation, and don’t feel bad about shopping around for an attorney who will work best for you and your family. It is important that you choose an attorney who you are comfortable with and will offer you a payment arrangement that is manageable for you.
source http://www.ascentlawfirm.com/how-much-will-a-car-accident-attorney-cost/