Utah Child Custody and Parent-Time
Having said that, the way parents approach custody issues can sway the court’s ruling when it comes to Temporary Orders or even Trial. If a parent has unjustly refused to allow the other parent to see the kids, then the court may view that as uncooperative and award custody to the parent that has not had parent-time, or at least give him/her “catch-up” parent time. If one parent’s behavior is cooperative and he/she is willing to share the kids, and the other parent withholds the children or even uses them as a bargaining tool, the court may very well award custody to the parent that has a history of sharing and cooperating with the other parent.
Nevertheless, keep in mind that courts also love the status quo. So if a parent does not even attempt to exercise parent-time, or puts up zero fight when the custodial parent refuses, the court may view that as an indication that custody is not important to the non-custodial parent, and now award much visitation for that parent.
If you are recently separated and don’t know how to handle custody and parent-time issues, call Pearson Law Firm for a free consultation with an experienced Utah divorce attorney, 801-888-0991.
Division of Property
Should I Stay or Should I Go?
So if you believe you have the right to stay in the home, or you have children that live in the home and you want to remain there with them, then you may not want to move out unless or until the court orders you to. This can make for some awkward evenings but in almost all cases, when someone moves out the court figures that is the arrangement decided by the parties, and that's how it will remain.
The court has a lot of discretion with these issues when making its rulings. And, since there are no hard and fast rules, none of this information is law, and a court may react to certain things differently. If you are separating and looking at a Utah divorce, your attorney at Pearson Law Firm can help you determine what your best course of action is before the court gets involved. Call Pearson Law Firm for a free consultation with an experienced Utah divorce attorney, 808-888-0991.