Mary Carollo: Getting Custody of Your Child in Utah

Every good parent wants the best for their child, which is why child custody cases are so contentious. These cases are often emotional and can be difficult on both the parents and children involved.

FILING A MOTION

The first step in getting custody of your child in Utah is to file a motion. This can often be the result of a divorce and will be passed through to a Utah Juvenile Court in your area.

If both parents are in agreement about the conditions of the child’s custody, then they may file a motion together. This will take much of the contention out of these cases and the outcome will be resolved much quicker.

If the parents are in disagreement, however, then each parent will submit their own custody plan. The court will look over both plans and look into what is in the best interest of the child.

THE CHILD’S BEST INTEREST

Regardless of your personal feelings, the court will look at your situation from the most logical point of view possible. The decision of who gets custody and which type of custody is granted will focus on what the court determines to be in the child’s best interest.

This may seem a bit vague, but this is meant to be fairly open ended since no situation is identical to another. The court will determine the best interest by investigating both parental parties and conducting relevant research. Some things the court might look into are:

Evaluations: Often times, the court will order medical, psychological, and psychiatric evaluations to be performed on both the parents and the child or children.
Financial Situations: Financial situations may not matter as much as the evaluations, however, it can sway the court’s decision. A parent’s ability to provide for their child is important in the court’s eyes.
Prior Conduct: Any prior convictions, misdemeanors, or felonies could also have an impact on what the court deems to be in the best interest of the child.
Family Relations: Family is another important aspect that courts consider, especially in Utah. Family assistance and presence can influence the decision.
Parental Character: The way you hold yourself in court and the level of respect you give the judge is also crucial to getting custody of your child. This also has a connection to your prior conduct.

Salt Lake City Estate Planning and Family Businesses

Giving your children and grandchildren the legacy and pride of a family business can keep your nose to the grindstone for decades. Financial security, family harmony, and growing wealth together are some of the benefits of a family business. Legacies are meant to outlive the legacy makers. If you’re a business owner in Utah, don’t hesitate to consult an estate lawyer to help you plan for the future.

No one would blame you for wanting to put off estate planning; after all, time is money, and you’d rather be building your business and enjoying the fruit of your labor. However, a smooth transition planned by a Salt Lake City estate lawyer saves time and money in the long run.

Passing your business on to your loved ones takes more than simply stating that you’d like your children to inherit your business. Essentially, bestowing a business to your children may make them subject to a hefty gift tax that may greatly diminish their gain. You can avoid this pitfall and protect your wealth by having a lawyer help you plan your estate so your heirs get as much of your estate as possible.

A Salt Lake City estate lawyer knows Utah business and estate law. He or she will remain objective and allow you to plan as you see fit. For example, your lawyer will help you create an equitable distribution among your children. However, if you don’t want to split your business evenly between all your children, or if you want to leave different assets to the children, an estate lawyer can help you with that, too.

Say you have two adult children who help you run the business, but one minor child still in junior high school. You want to make sure your children have what they need upon your passing. Your adult children will inherit and run the business, but there’s no expectation for your minor child to decide now if she wants to work in the family business. Your Salt Lake City estate lawyer can help you create a trust for your youngest child so she benefits from the business without working for it or having a controlling interest.

An estate lawyer can also discuss the possibility of restructuring your company to ensure that company assets go to your children. If you have a sole proprietorship, your lawyer may discuss forming a corporation so you can separate the business’s assets and liabilities from your personal assets and liabilities, and portion interest into shares to divide equally among your children.

Free Consultation with Child Custody Lawyer

If you have a question about child custody question or if you need to collect back child support, please call Ascent Law at (801) 676-5506. We will aggressively fight for you.