Legal Custody 

Legal custody refers to the authority to make significant decisions for your child. Some examples of such decisions are where the child will attend school, if they will have a religious upbringing or not, and making emergency medical decisions. Legal custody has two options, which are:

1) Sole Custody — In this option, only one parent has the legal authority to make the child’s major decisions. 

2) Joint Custody — This option gives legal authority to make major decisions for both parents. In other words, both parents would have a say in religion, schooling, and healthcare decisions. 

Physical Custody 

Physical custody is the legal way of saying where the child lives the majority of the time. Physical custody is sometimes referred to as residential custody. There are three types of physical custody: 

1. Sole Physical Custody — Sole physical custody means that the child resides at one of the parents’ homes permanently. In most cases, the non-custodial parent is granted visitation and/or sleepover rights. 

2. Joint Physical Custody — In this scenario, the child lives with one of the parents during part of the time and with the other parent during the remaining time. The time spent with each parent is approximately equal. This form of custody is also known as a dual residence, shared parenting, and shared custody. 

3. Bird’s Nest Custody — This child, in this instance, lives in a central location, and the parents rotate in and out regularly. For example, one parent stays with the child Monday through Thursday, and the other parent stays Thursday until Monday. Think of it as the child or children staying in the original shared home and the parents moving into other residences. This option can be easier on the child but is more costly due to the need to maintain multiple residences. 

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Winning these complex battles can be challenging. However, knowing what to do and what not to do can make all the difference. Doing certain things can hurt your case and ruin your chances of winning. Last time, we discussed the dos of child custody battles. Today, we are diving into the don’ts.

Continue reading to learn what to avoid doing while trying to win custody.

The Don’ts of Custody Battles 

Here is a brief overview of what not to amid a child custody battle:

Avoid Negative Talk Concerning Your Ex

As tempting as it may be, do your best to not talk poorly about your ex-spouse, especially in front of your kids. Instead, find positive things to say about the other parent, even when your children bring up challenging topics. While remaining honest, keep things on a lighter, positive note. If you must vent, confide in a trusted family member, friend, or counselor.

Avoid the Misuse of Drugs and Alcohol

It is imperative to avoid things that can be documented and used against you, must as misusing drugs or alcohol. Being a committed parent includes making good life choices for yourself, which, in turn, protects your children’s overall well-being.

Avoid Being Tardy

Being late for visits and pickups can come across as an uncommitted parent. Avoid this negative impression by being on time when you visit your kids or are scheduled to pick them up. Being prompt shows that your children are a priority, and you are committed to them. While divorce is hard on you and your ex, it is especially difficult for your kids. Every chance you get to show them that they matter to you, you should take.

Avoid Rescheduling Parent-Time

In addition to being punctual, do your best to avoid rescheduling time with your kids. Frequent rescheduling of parent-time will, again, come across as uncommitted and flaky — two things of which a judge is not keen. Do your best to be there when you say you will be there and follow through.

Avoid Being Noncompliant

During your custody battle, it is essential to comply with and follow all of the court’s requests. Now is the time to show the judge how serious you are about caring for your children. If they require you to enroll in a parenting class or to find a therapist, do it!

Avoid Involving Your Children

Sharing details about your case with your kids might be tempting, but it is best to leave them out of it. Let your kids be kids and avoid placing the heavy burden of this complex issue on their shoulders. Answer questions honestly as they arise, but avoid frequent, freely-given updates.

Contact The Ault Firm

If you are in the midst of a child custody battle, it is vital to have the best legal representation to help you navigate this complex process. The knowledgable and experienced legal team at The Ault Firm is dedicated to protecting your rights and your child’s best interest. Contact our office to schedule your case review with us today. We serve Salt Lake County, Utah.

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Custody and all that comes with it is incredibly complex, and its dispute can lead to major conflict and acrimonious feelings. Unfortunately, wanting to win the fight isn’t enough. There are several things you should do, and just as importantly, things you should avoid doing.  

Today we will be discussing what you should do during a child custody battle.

The Dos of Custody Battles

Increase your odds of winning your custody battle by doing the following:

Exercise Your Parental Rights 

It is essential to your case that you exercise your parental rights. This will show the court you are genuinely interested and invested in your kids. Do your best to spend as much time with your children as possible. In addition to fun activities and outings, make sure to participate in the normal, every day parts of life with them, such as chores and homework. Show the judge that can handle the challenging aspects of parenthood, too.

Willingness to Cooperate

It is important to demonstrate a willingness to work with the other parent. In some extreme cases, parents have lost custody battles because they were unwilling to cooperate with their ex-spouse. So, while you may not choose to remain married to your ex, you need to remember they are still a part of your children’s lives. Showing the court that you are willing to work together will help your case immensely.

Familiarize Yourself with Family Law Basics

Before your court hearings, study your state’s child custody laws to know what to expect beforehand. Working with an experienced and knowledgable family law attorney that can help you understand these laws is ideal, too.

Request an In-Home Evaluation

If you believe your ex will try to make you look bad, you can ask for an in-home custody evaluation. A neutral party will evaluate your parenting style and living situation and report back to the court. This visit can put any questions of negative home life to rest.

Document Everything 

In cases where you believe your kids are unsafe with your ex (history of violence, substance abuse, etc.), it is crucial to document every interaction with your ex and your kids’ interactions. Save emails, texts, and take photos if necessary.

Impressions Matter

As silly as it may seem, impressions and perception matter. This is especially true for the court and their perceptions of you and your ex. Do everything possible to present yourself in a positive light to the judge. Make sure you come across as a loving, competent, concerned, and involved parent. Additionally, make sure you are on time, are appropriately dressed for court, and use courtroom etiquette throughout your hearing.

Stay tuned for Part 2 of today’s topic: The Don’ts of Child Custody Battles. 

Contact The Ault Firm

If you are fighting a child custody battle, it is essential to have the best legal representation and counsel on your side. The professionals at The Ault Firm are committed to protecting your rights and your child’s welfare. We are dedicated to helping you navigate this challenging process and finding the best solution for your children’s custody. Schedule your case review with us today. We serve Salt Lake County, Utah.

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Continue reading to learn more.

The Basics of Child Custody in Utah

Generally speaking, there are two types of custody, legal child custody, and physical child custody. Legal child custody involves the parents’ right and obligation to participate in making decisions regarding your children’s upbringing, such as medical care or their education. Physical custody refers to where the children will reside. There are several variations of custody, including sole physical and legal custody, joint physical and legal custody, sole physical and joint legal, and split custody. Because each case is unique, it is essential to find a legal team that will carefully examine your specific situation and determine the best options for your family when it comes to custody.

Which Parent is More Likely to Get Custody?

In years past, many states would follow the “tender years” doctrine and give custody to the biological mother if their children were five years old or younger. It was assumed that mothers were better equipped to care for their children. This doctrine was often put into place in many custodial proceedings, regardless of whether or not the mother was actually fit for the responsibility of caring for the kids.

Nowadays, while mothers’ are still more likely to get custody of their children than fathers (83% versus 17%), Utah courts will look at what is in the best interest of the kids instead of automatically assuming it’s the mother and not the father.

How is Custody Determined in Utah?

There are no set rules on which parent will automatically get custody of your kids. There are many factors that Utah courts take into account to determine what is in the child’s best interest, such as:

• Which parent is the primary caregiver (both past and present)
• Which parent has a closer emotional connection with children
• Keeping siblings together
• The parents’ desire for custody and their financial resources
• Either parents’ past conduct and actions such as substance or domestic abuse or a criminal record
• Parents’ moral standards, lifestyle, and religious compatibility with children
• Are the children happy, thriving, and well adjusted
• Location of extended family members
• The child’s preference

Contact The Ault Firm

Child custody is a complex and sensitive matter. Suppose you are getting divorced or ending your relationship and have children. In that case, it is essential to know all of your options and seek an experienced family law attorney’s counsel. The professionals at The Ault Firm are here to help you navigate this complicated process and give you the legal representation you deserve. We have offices located in Salt Lake City and West Jordan for your convenience. Schedule your free initial consultation to discuss your case by contacting The Ault Firm today.

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Learn more about divorce and adopted children below.

The Impact of Divorce on Adopted Children

Many adopted children experience feelings of loss, abandonment, and a lack of security and consistency. Depending on when they were adopted, some of them may have first-hand experience and memories that have caused trauma. These feelings, coupled with your divorce, can amplify or resurface old emotions and memories.

Divorce will lead to a new life, a new normal. As it were, life is different for your children; two homes, two sets of rules, two different parenting styles, etc. This can be confusing for an adopted child, and they may be wondering how they fit into this new dynamic. As parents, you may also be experiencing feelings of guilt and confusion. After all, didn’t you promise to give this child a loving and caring home?

With all of these big emotions brewing, it is essential to remember that divorce is not the end of a family. It is merely the end of a chapter. You and your ex are still parents to your children, and your love for them still exists. There are many things, as parents, you can do for your children.

How to Help Adopted Children Through a Divorce

Put Your Children First — Now, more than ever, your children need to be put first. Children thrive in stable and consistent environments. You and your ex need to recommit to putting your children first.

Help Your Child Feel Secure — Be open, honest, and available to talk to your children about your divorce. Of course, you don’t need to do a deep-dive in your reasonings. Just speak with them as honestly and openly as possible. Reassure your children that you and your former spouse love them unconditionally.

Be an Example — Children are incredibly impressionable. Do not speak poorly about your former spouse or blame them in front of your kids. Additionally, show them a positive example of handling grief, pain, and stressful life events.

Aim for Consistency — If you and your spouse are willing, parent in a similar manner. Set the same rules, boundaries, and expectations, regardless of where your children are. If they are in your home or the other parent’s house, the rules and expectations are the same across the board.

Explain the Logistics — One of your children’s fears could be the sense of the unknown. Help your children feel stable in this new-norm by clearly explaining how co-parenting will work and how they fit in. Tell them about your custody arrangements and how their life will be after the divorce is finalized.

Contact The Ault Firm

Navigating a divorce with adopted children is incredibly complicated. While difficult, it is important to remember that, in the long run, your divorce is the better choice for everyone.

If you are facing a divorce and are in the Salt Lake City or West Jordan area, contact The Ault Firm. Our knowledgeable attorneys are committed to providing comprehensive legal representation and are dedicated to protecting your rights and best interests. 

Contact the professionals at The Ault Firm today to schedule your free initial consultation.

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You can learn a few reasons why implementing co-parenting is a good idea below.

Happy, Healthy Children

Studies show that kids are happier and healthier when they can spend time with both parents after divorce. When parents can put their disagreements aside and avoid conflict, they provide their children with a unique situation that gives them a sense of normalcy. Additionally, co-parenting brings stability into the equation in which children thrive.

No Missing Out

Sharing custody of children can lead to one parent or the other missing out on events, holidays, or other exciting moments, which can be hard on both the child and the parent. Co-parenting allows for the inclusion of both parents, helping the family remain as much of one unit as possible. Even when it is not your scheduled parent time, co-parenting gives you the chance to attend the crucial moments in your child’s life.

Less Conflict

Co-parenting requires the couple to stay in each other’s lives, which leads to a new kind of bond. Co-parenting allows parents to create a different and healthier relationship. This results in much less conflict and becomes an excellent opportunity to show their children what a healthy, positive post-marriage relationship can be.

Positive Home Environment

When the parents are happy, the kids have a better chance of being happy, too. Children that are required to live in an unhappy home, filled with negative energy, cannot thrive like those living in a happy home. If having two happy homes gives them that opportunity, it is worth it. Moreover, two homes often give children more opportunities, like increased social circles.

Teach Your Kids about Real Life

Co-parenting gives you a unique opportunity to teach your children about the realities of life. Unfortunately, life is not a fairytale and is not perfect. Co-parenting lets you teach your kids to make the most of a situation and that there is no one-size-fits-all solution to life’s bumps. Life does not need to perfect to be happy — a lesson best learned early.

Contact The Ault Firm

Divorce does not necessarily mean the end of your family. If you and your spouse are considering divorce, let the experts in family law represent you. The attorneys at The Ault Firm want to help Salt Lake City and West Valley individuals navigate this complex process, answer all of your questions, and provide comprehensive representation. Call the professionals at The Ault Firm to schedule your case review today.

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Below are signs of effective co-parenting, indications of healthy and productive communication between you and your ex-spouse.

Your Kids Believe You Get Along

Effective co-parents’ children think that you and your ex get along famously. This does not mean it’s true; it may be true, or it may not. However, this does mean both parents show the other parent respect and communicate civilly in front of the kids. 

You Comply with Boundaries

Successful co-parents have clear boundaries that both parties respect. You each understand that you cannot control the other parent. You have set rules on what is expected, what is acceptable, and, in some cases, what is not acceptable. This may include what you two can talk about with one another, how much time you can spend together, etc. Each family will have their own set of boundaries.

No Need to Manipulate Children

In unhealthy relationships between exes, children may find themselves being pitted against one parent by the other parent. In a healthy co-parenting relationship, there are no attempts to manipulate kids and that their kid’s relationship with the other parent does not take away from your relationship. Both parents understand and celebrate the fact that there is room for both parents.

You Follow a Set Schedule

Kids thrive in predictable routines. Co-parents thrive when set schedules are followed. There are no questions or uncertainties with a predetermined schedule for the parents and, most importantly, the children. Of course, things will inevitably come up that will require a change in your plan. When this happens, communication is critical for co-parenting to be successful. Be willing to be flexible, helpful, and stick to your commitments whenever possible.

You Are Respectful of One Another’s Child Time

Another trait of a healthy co-parenting relationship is that you and your ex are respectful of each other’s time with your children. You and your ex encourage relationships with the other parent and are aware and respectful of their importance in your children’s lives. While it is hard to spend time away from your kids, you and your ex see the value in spending time and nurturing the relationship with the other parent.

Time Together is Tension-Free

When you and your ex can attend family gatherings, sporting events, performances, and school functions together without feeling tension, anxiety, or animosity, you will know you two are co-parenting well. This shows you are both putting your children’s needs before your own.

Contact The Ault Firm

The professionals at The Ault Firm understand the challenges that divorce and life after divorce bring. If you are considering divorce or need legal representation to protect your family after your divorce, call us to schedule your case review today.

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In a divorce or paternity case, the court will establish one of these two custody types:

1. 1. Legal Custody
   2. Physical Custody

Legal Custody

Legal custody of a child means you have the right and the obligation to make decisions regarding their upbringing.

Sole Legal Custody: Sole legal custody means only one of the parents will make important decisions for the child. Many factors go into awarding sole legal custody.

Joint Legal Custody: Joint physical custody means both parents make crucial decisions for the child together using a parenting plan. If parties cannot come to an agreement, mediation or another alternate resolution method may be required. 

Physical Custody

Physical custody means that one parent has the right to have the child reside with them.

Sole Physical Custody: In many cases, if sole physical custody is awarded, the other, non-custodial parent is awarded parent-time. Utah law has outlined a minimum visitation schedule for the non-custodial parent for children ages four and under and those five and older (up to age 18). The court will determine a schedule that is in the child’s best interest based on several different factors they deem relevant.

Joint Physical Custody: When joint physical custody is awarded, both parents will share physical time with their child. Joint physical custody typically works best when both parties live in the same general area. The child must live in each parent’s home at least 111 nights per year.

Custody Arrangements 

Custody arrangements can be complicated; there is no one-size-fits-all arrangement. Here are some examples of custody arrangements: 

Sole Legal and Sole Physical: Either parent may be awarded sole custody of the child. If sole custody is granted, the child lives with one parent, and that parent makes the major decisions regarding the child’s life. Usually, the other party will have parent-time.

Joint Legal and Joint Physical: Joint custody means the child lives with both parents, who, together, make important decisions about their child. Ideally, this is for parties that co-parent well.

Joint Legal and Sole Physical: In this arrangement, the child lives with one parent for more than 225 nights every year and has parent-time with the non-custodial parent. Both parents work together to make important decisions about the child.

Split Custody: This arrangement means that each party is given sole physical custody of one (or more) child when the two parents share more than one child. Legal custody may be joint or sole and is determined by the court.

Contact The Ault Firm

The complexities of custody arrangements are overwhelming, and the team of attorneys is here to make sure you do not face it alone. The Ault Firm is experienced in custody battles and wants to represent you. Call The Ault Firm today.

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Scroll on to learn more about custody modifications.

What is Custody Modification?

As life goes on and as children grow, adjustments may need to be made to the custody agreement. Changes may be made to the custody agreement as long as both parents have come to a mutual consensus. However, for it to be legally binding, the changes must be submitted for approval to the court. If the court does not approve, then it is not in effect, and neither parent is required to follow it.

Custody Modification Requirements

Many changes may occur in your life or your ex-spouse’s life that can affect existing child support and visitation arrangements. To receive a custody modification from the court, the petitioner must prove one or more of the following significant changes to their lifestyle:

• • Job loss
  • Promotion or a new job with an increased salary
  • Birth of another child
  • A parent convicted of criminal charges
  • A parent has violated a court order
  • Discovery of child abuse
  • Substance abuse by parent or child
  • Mental illness of parent or child
  • Regular denial of visitation by the custodial parent
  • The sudden death of a parent
  • Relocation of 150 miles or more from the residence of the ex-spouse
  • Wish for additional parent time

The Best Interest of the Child

In addition to the list above of significant changes in lifestyle, the court will only consider changing the current custody agreement if it is in the best interest of the child. Children thrive in safe, consistent, and stable environments. The court will ensure that the child has the safety, consistency, and stability that it needs to develop and grow properly. Here are some of the factors the court will look at when determining the child’s best interest:

• • Which parent has, in the past, been the primary caregiver
  • Which parent is emotionally closer to the child
  • Keeping siblings together
  • Either parents’ desire for custody
  • Parents’ financial resources
  • Substance abuse of either parent
  • Religious compatibility with child and parent
  • Location of extended family members
  • Whether or not the child is happy, thriving, and well adjusted
  • The preference of the child
  • Parents’ past conduct and actions and their moral standards

Let the Team at The Ault Firm Represent You

Making adjustments and changing the terms of a divorce settlement is not easy, but with the right lawyer, it is possible. The skilled team of attorneys at The Ault Firm have years of experience and have successfully helped men and women petition for a custody modification. Our lawyers are here to offer you guidance and counsel and to help you navigate this process. Contact the professionals at The Ault Firm to schedule your case review.

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If you and your ex-spouse are co-parenting your children, continue reading.

The Do’s of Co-Parenting

There are several things you can do that will help the co-parenting cause:

Do Be an Example — Children are incredibly intuitive. They pick up on nonverbal communication and cues just as much as verbal ones. Make sure you are an example to them of love, respect, patience, and kindness. Your ex might even notice your actions and may take a page out of your book.

Do Set Rules and Expectations — Rules, expectations, and boundaries will help you and your ex navigate any interactions more smoothly. Not only should you set these with each other, as ex-spouses, but also agree on a set of rules and expectations for your children that are consistent within both homes. Children thrive on routine and structure.

Do Remember What Matters — It is important to remember what matters in this situation. Surely there will be times of frustration and disappointment throughout your co-parenting journey. However, you should do your best to remember what matters most and always to put your children first. The focus of you and your ex should be the wellbeing of your kids. Doing so will assist in keeping interactions and communication positive.

The Don’ts of Co-Parenting

In addition to things that will help the cause, there are things you can avoid doing that might hurt the cause:

Do Not Forget to Communicate — Clear, open, and honest communication is crucial in co-parenting. You and your ex-spouse will be much more successful co-parents if you remember to communicate with one another.

Do Not Involve Your Kids — Children should not be the messenger for you or your ex. Do not discuss any issues that will undoubtedly arise. These conversations should be kept between the adults and should not involve your children.

Do Not Let Your Negative Feelings Get the Best of You — It is not uncommon for exes to have feelings of anger or animosity towards one another. Do not let your children suffer because of it. Do not speak badly about the other parent in front of your kids.

Contact Ault Firm

The attorneys at Ault Firm understand the challenges and obstacles one faces during a divorce. With Ault Firm, you will not face them alone. Our team of lawyers is dedicated to providing the comprehensive legal representation you can trust. You and your children are our top priority. We are committed to giving you the best counsel to help navigate you during this process. If you need legal representation or advice, contact our knowledgeable team of attorneys at Ault Firm today.

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