Is Utah a Pro-Mom State?

If you're divorced with children, or know anyone who is divorced with children, or have ever known someone who had kids with a person they are not married to (or maybe have never been married): this blog is for you!

Parent-time is a complicated issue.  The best place to start is to get information about options.  Utah is not pro-mom or pro-dad; this state is pro-child.  The court will usually try to find the custody arrangement that most closely mirrors what the children have historically experienced, acknowledging that changes will happen when you split one home into two.  As such, there is no one formula because no two families are identical and no two children have the exact same needs.  If one of the parents was a stay-at-home parent, it is more likely that parent will have primary custody of the children after separation or divorce.  If the parents both work and the children have been in a daycare or with a nanny, expect to have similar child care arrangements after a divorce.  Custody schedules are less about tailoring the order around the parents and more about fitting the parents' schedule around the kids' needs.  Both parents are important, certainly, but showing your historical patterns can be key in determining how custody should work.

But there are a few quick things to know:

1. Utah law says that parents will have joint legal custody as a default.  There are ways around this, but you will have some hurdles to overcome.  There is no default regarding physical custody.
2. One parent having sole physical custody doesn't mean that the other parent doesn't have parent-time, nor that the custodial parent gets to choose the other parents' visitation schedule.  It merely means that one parent has less than 111 overnights per year.  There is still a custody schedule and you still have rights.  
3. The new "optional schedule for kids 5 to 18" is not a default parent-time schedule, nor is it the only joint custody schedule available.  If you are interested in joint custody scheduled, more information can be obtained from an attorney or a custody evaluator.

If you have questions about how your parent-time schedule should work or if you are unsure whether you need to update your custody order, call for a free 30 minute consultation. Call Jenna Hatch at Pearson Butler at (801) 996-3859.

The contents of this blog do not constitute legal counsel.  We understand that every case is different.  For legal advice regarding your case, contact an attorney for individualized information.  Attorney-blogger Jenna Hatch can be reached at Pearson Butler at (801) 996-3859.