The title may be misleading because, well, there are no rules. However, Utah divorce courts like to see cooperation and good behavior when making rulings down the road so it is a good idea to act civil even before the court gets involved in a Utah divorce, and keep a few things in mind.
Utah Child Custody and Parent-Time
Utah Divorce Custody The general rule for child custody and visitation is whichever parent has the children has the power. Typically, no law enforcement officer is going to take the children away from mom to give them to dad, or vice-versa. There is some variation depending on the particular law enforcement officer at the scene, but most if not all will tell you its a civil matter and suggest you get an attorney. They have no authority to forcibly remove a child from a parent without a court order, even to give the child to the other parent.
Now if a third-party has the children, it is a different story, third-parties have no parental rights, and any authority they have would be superseded by either parent's parental rights. So if mom refuses to give the kids to dad, but then leaves the kids with grandma, dad could go to grandmas with law enforcement and likely get his kids if mom is not there.
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.
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
Utah Divorce Property Division I'd say the best rule to follow as to division of property that is sentimental to you is don't "abandon" anything you want to keep, unless you are extremely confident that the spouse in possession will turn it over. Typical household items, such as furniture, are generally going to be split fairly. If you have two vehicles the court will almost certainly award one vehicle to each party. But if you have your grandpa's gold watch and you decide to move out, you probably want to take it with you in order to avoid fighting for it down the road.
Should I Stay or Should I Go?
Who gets to stay in the marital home is a big issue in many Utah divorce cases. I often get calls from a party asking if leaving the marital home will be viewed as abandonment by the court, which will result in them losing their interest in the home. The answer to that question is no. In almost every divorce case one of the parties move out, this is usually necessary and the courts will not hold it against you as far as your interest in the property. However, the courts preference to keep the status quo can result in the staying party being able to continue living in the home until the divorce is finalized, and maybe even after the divorce is finalized (usually with the provision that he/she will buy either purchase the other's interest in the home, or sale the home at some point and split the equity). This is especially the case if there are minor children at home. If dad moves out and mom stays in the home with the kids, it is likely that the temporary orders will allow mom to stay in the home, with the kids.
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.
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.
Other Property
Utah Divorce Finance Division Other property, such as retirement accounts, bank accounts, real property, and other miscellaneous property, is generally not as pressing, and can be divided down the court through temporary orders or at trial. If a spouse needs financial support, it is a good idea for the other to do what he/she can, because there is a good chance the court will offer back support if a party is just hung out to dry, and you'll get points if you step-up even without a court order in place.
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.
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.
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