Common Questions About Child Custody

Parents going through a divorce or facing the end of a relationship are always concerned about the impact that this will have upon the future of their children. At our firm, Stephen J. Buhler, Attorney at Law, located in Salt Lake City, we see many clients who have questions about child custody and what is going to happen in their case.

We answer a few of these frequently asked questions below, and invite you to contact us directly to obtain more specific information regarding the facts in your case.

Will the court automatically give full custody to one parent?

In most cases, no. Generally, this only happens when one parent is unable to fulfill his or her parental responsibilities. When custody disputes arise, Utah courts issue a custody order that focuses on the child's best interests. There are several different criteria that go into the best interests of the child, which include:

  • The relationship that each party has with the child
  • The impact that the custody agreement will have upon the child's life
  • The fitness of a parent to care for the child

There are many more items that the courts will examine to make its decision. Our experienced lawyer, Stephen J. Buhler, along with the rest of our dedicated staff can help you understand how these factors apply to your case.

What happens if we have disagreements after the order goes into effect?

This depends upon the nature and number of the disagreements that you are having after the agreement has been entered. No one wants to put their kids in the middle of an argument. If you feel that your spouse is trying to make your life miserable while using your kids as leverage, there are options available to you.

You may wish to consult experts who can help you and your co-parent learn a better way to communicate with one another. This could help reduce the amount of needless arguments happening over every single thing.

If the arguments seem to be ramping up in their frequency, and you are getting cut out of your child's life, you may need to revisit your custody agreement. This can only occur after a major change in circumstances, so it may not be an option in your situation. We can help you learn if it applies in your situation.

Can I move out of state with our kids if I have custody?

Even if you have custody, you need to get your co-parent's permission before you move out of state. Such a move will have a significant impact upon your co-parent's ability to remain a part of your child's life. In most situations, the other parent will not allow you to move out of state, so you will have to go to court in order to get permission to leave.

The court will examine the situation to determine if such a move should be allowed. These cases can be quite difficult and contentious, and you should have an experienced attorney on your team to understand all of your options.

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If you would like to meet with us to discuss your case, please call our office at 801-996-4193 or send us an email to find a time that works best for you.