Child Custody Archives - St George Divorce Attorney | Southern Utah Family Lawyer | Mediation

Parent Time Increases Under New Utah Law

Benny Salcido — Tue, 23 Jun 2015 22:45:46 +0000

Minimum Parent Time Under Utah Law

When a parent in Southern Utah is awarded sole physical custody of his or her children, it does not mean that the other parent can never see the couple’s child or children. Under Utah law, absent an abusive or dangerous parent, parents are typically awarded a minimum amount of time spent with a child depending on the age of the child. For most children, the law dictates that parents can see their children at least once a week for 3 hours as well as every other weekend from Friday evening to Sunday evening. Noncustodial parents also have the right to spend time with their children on certain holidays and for several weeks in the summer. To find out more about the minimum parent time established by Utah law, speak with a St. George family law attorney.

The New Optional Parent Time Schedule in St. George

Recently, the Utah State Legislature increased the amount of minimum parent time that a parent is entitled to if certain conditions are satisfied. It’s referred to simply as the optional schedule. Under the newly codified section of Utah Code 30-3-35.1, a parent’s minimum parent time can now be 145 overnights a year as opposed to the previous amount of about 52 overnights (excluding holidays). The amount of time was increased because there were several lawmakers who believed that the minimum amount of time was not sufficient for many parents.

In order for a noncustodial parent to receive the increased, optional parent time, he or she needs to demonstrate the following things: the noncustodial parent has been involved in the child’s life; the parents can communicate effectively regarding the child; the noncustodial parent can actually facilitate the increased parent time; the increased parent time is in the best interest of the child; and any other factor the court considers relevant. With the law being so new it is yet to be seen how often a court will award this increased parent time but anyone divorcing should consider this parent time amount as an option.

Find Out More About Parent Time Schedules from an Attorney

If you are divorcing or fighting a custody battle in St. George and the surrounding Southern Utah area, contact a St. George divorce attorney today. Our attorneys can help you determine your options when it comes to child custody and parent time issues. Call 435.216.1034 to speak with a lawyer today.

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Josh Powell Custody Case | Failure to Protect

Jerry Salcido — Wed, 15 Feb 2012 21:46:50 +0000

The Josh Powell saga took a tragic turn a few days ago when he blew up his Washington home shortly after his children arrived for their weekly supervised visitation. Josh and his two young boys were all killed in the explosion. The investigation into his wife’s disappearance and possible death continues. This is an extremely sad case in which two children were killed by a disturbed individual and parent. Josh Powell first entered the spotlight several months ago after his wife went missing and Josh became a person of interest into her possible death. Mr. Powell claimed he had taken his 2 boys camping and left in the middle of cold December night. Mr. Powell claimed they camped in a remote area outside of Tooele, Utah. Mr. Powell later moved to Washington with his children where he first lived with his father. The drama grew when authorities discovered Josh Powell’s father had been in possesion of child pornography and was spying on neighbors. As a result, Mr. Powell lost custody of his children and was given supervised visitation by the court. The Court found Mr. Powell was putting the children in harms way by living with his father. This brings into question the “failure to protect” issues involved in child custody cases and whether or not a parent should lose custody of their children when they themselves have not been proven to commit any crime or cause the children any direct harm.

Abuse and Neglect Child Custody Cases in Utah

In Utah, a parent may lose custody rights to their children in cases where they fail to protect the child from abuse or neglect or from even witnessing abuse. For instance, in a case where one parent is the victim of domestic violence and fails to take action to protect themselves and protect the children from witnessing domestic violence, the state may intervene and take action. This is a highly controversial area of the juvenile court system because many parental rights are trampled on by DCFS and the state attorney general office in a good faith attempt to protect kids. There is no doubt there needs to be legal reforms in this area. While some individuals like Josh Powell are real threats to their children, others have not cause their children any harm whatsoever and nonetheless may still find DCFS knocking at the door.

Child Custody Attorney in Utah

If you are facing an abuse or neglect case with DCFS, you should consult with an attorney as soon as possible. The deck is severely stacked against parents in this system so you should take all the steps necessary to give you the best possible chance of keeping your kids safe in your home. To speak with a child custody attorney in Utah, call us today at 435.216.1034.

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Paternity Disputes | St. George Family Law Attorney

Jerry Salcido — Fri, 09 Dec 2011 22:48:07 +0000

When most people think about a paternity case they only think about establishing who the natural father of a child is. However, in a legal sense, a paternity case is much more than establishing who the father is. For couples who are not married but have children together, a paternity suit is how issues such as child support and child custody are decided. Normally these issues would be dealt with through divorce proceedings, but if the couple was never married there would be no way to establish who the father ways, how much child support should be paid, who gets custody of the children, and how will visitation work. So the legal system has established the paternity suit as a way to deal with these things for those who are not legally married.

Paternity Compared to Divorce

Although divorce is usually viewed only as the vehicle to split up a marriage, there is a lot more that goes into a divorce proceeding than just splitting up the couple. Because of this a paternity action is very similar to a divorce and really is only lacking the part where you split up the couple. Furthermore, in most paternity case situations the couple is splitting up and going through a similar process emotional as do couples divorcing.

Establishing Paternity | Family Law Representation in St. George

If you are having issues with the father or mother of your children and feel like you need to establish your rights legally then call the lawyers at St George Divorce Attorney. We offer experienced family law representation in St. George, and we can help you deal with the difficult situation you have been placed in. Whether you have custody of the kids right now or are fighting with an ex that won’t let you see your children we can help. Call us today to set up a free consultation. 435.216.1034

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St. George Divorce Lawyer | Divorce Modification

Jerry Salcido — Tue, 04 Oct 2011 20:21:26 +0000

Divorce Decree’s are a binding judgment by a court that parties have to follow if they don’t want to run into future legal proceedings. However, a divorce decree can be modified if there has been a substantial change in the circumstances of the parties that was not contemplated by the divorce decree. Some of the more common things that are cited as a substantial change have to do with money, for example, job loss, or a party getting married and the new spouse bringing in money as well. There are four areas of the decree that can be modified; alimony, child support, child custody, and parent time.

Utah Divorce Modification Proceedings

The divorce modification process is very similar to the original divorce proceedings. Courts encourage parties to resolve issues outside of court, like in divorce, but if no agreement is made then the court gets involved. Also the court uses the same standards and rules as before and in reality the only difference should be the substantial change in circumstances mentioned above. The argument for substantial changes can be in relation to your own circumstances, your ex spouse’s, or even your children’s. As is the case in the original divorce proceedings any custody issue will be resolved by considering what is in the best interest of the child.

St. George Divorce Attorney

If you are divorced and find that the terms of your divorce decree no longer apply to your situation, then call the lawyers at St George Divorce Attorney, you may be able to get your decree modified to better fit your circumstances. With the help of an experienced family law attorney you will have a better chance of convincing the court that the changes you want are in the best interest of the kids, and the right thing for the court to do. Call or email us today to set up a free consultation.

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St. George Custody Lawyer | Joint Custody in Southern Utah

Chris Salcido — Sun, 25 Sep 2011 00:06:40 +0000

If you are looking for a St. George custody lawyer to help you get
a joint custody in Southern Utah, you have found the right law firm. We have
helped numerous clients achieve the arrangement with their children they desire
despite sometimes tough odds. At our office, we understand how important it is
for you to get the time with your kids that is in their best interests. We take
every divorce and paternity case seriously and we work towards your goals.

Joint Custody Factors | Cedar City | Washington City

In order to have the best chance of getting joint custody, you
should understand which factors the judges in Cedar City, Washington City, and
other areas are considering in making the determination as to whether or not
such an arrangement is the best thing for the children involved. Some of the
major things judges look at when trying to answer this question are the needs
of the children, the parenting abilities of each parent, and in some case
involving older children, the children’s preferences. When looking for a
custody attorney in Utah, make sure your advocate understands these factors and
how to best argue on your behalf to protect your interests with your kids. At
Salcido Law Office, we understand these issues and know how to put your best
case forward. We represent individuals all over the southern end of the state so whether you live in Beaver, Kanab, or Santa Clara, we can help.

Free Consultations – Call us today

You can meet with a lawyer in our St. George law firm at a time
that is convenient for you at no initial cost. We provide free consultation and
are available by phone anytime. Call us today to set up an appointment and to
answer your questions. We understand that searching for the right lawyer is
often a daunting task. We are sure you will feel confident with our team and
know we are ready for the most difficult of cases. Call or email us today.

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