If you’re going through the divorce process, it can feel completely overwhelming and frustrating. This can become even more complex if there are children between you and your partner, which can complicate the dissolution of your relationship. Although the court does its best to make its ruling as equitably as possible, there is usually no way to accommodate the needs of both parties to the fullest extent. Physical custody is one of the most necessary and “hot-button” topics in divorce court in most cases and can determine where your child will live until they reach legal age. Going through a custody battle is emotionally and financially taxing, which is why we’re offering insight into how you can prepare to argue for physical custody in your custody agreement with your legal team.
Read on to learn more about the court process, the argument, and how you can work to obtain joint custody of your child.
What is physical custody?
There are two main types of custody of minors in any divorce case: physical and legal. Physical custody pertains to the parent who will have the child living with them on-site at their home’s location. The benefits to physical custody are the amount of face time that you’ll be able to have with your child, as well as the added convenience of in-home parenting and communication.
Physical vs. legal custody
Legal custody is not the same as physical and refers to the parent who will be responsible for making any legal decisions pertaining to the child, such as those that relate to healthcare and education. Often, different parents want different things for their children, which makes coming to a joint resolution difficult. Judges may choose to split both legal and physical custody between parents or may grant a single parent both types of custody depending on the nature of the situation.
What factors contribute to the judge’s physical custody ruling?
When making their decision on physical custody arrangements, judges take a variety of factors into account. Some of these include the financial health of the parent, which can be determined by outstanding debt, open bankruptcy cases, and the ability of the parent to provide for the child with stable employment and cash flow. Another factor could be the mental fitness and physical health of the parent, as well as the nature of the child’s relationship with the parent. All of this is done to ensure that the child will be going to a stable home environment despite the turbulence of the divorce case.
How to prepare to argue for physical custody in Utah
If you’re looking to argue for physical custody in Utah, there are steps that you can take to streamline your process. One of the biggest steps here is to actually build your case, which is something that your lawyer can help you with.
Whether you’re going through divorce court or an alternative dispute resolution process (ADR), your attorney is here to be a resource to you and compile evidence that will prove your ability to be a fit parent, as well as the stability of your home for your child. They will examine every area of your life that the court may weigh in the physical custody ruling, such as financial, health, psychological, and other related influences. They can help you to compile key documentation and walk with you through the administrative process to get as fair of a ruling as possible for your situation.
Does this mean that I don’t get a say in key legal conversations for my child’s well-being?
In nearly all court arrangements, a percentage of legal custody is still shared between both parents (excluding restrictive sole legal & sole physical arrangements with no parenting time with the non-custodial parent, and excluding restrictive split custody agreements). This means that you will still have the opportunity, in many cases, to communicate with your partner about the child’s well-being and key legal decisions.
What’s the best custody arrangement?
There is no “right” way to do a custody arrangement. The goal throughout this process is to ensure that the child’s needs are met and to ensure that both parents are ideally able to be present in the child’s life despite the marriage’s dissolution. What many couples may opt to argue for is a joint physical and joint legal arrangement. This will give both partners the opportunity to live with their children on certain days of the year, and allows them to make key legal decisions on their child’s behalf together.
Prepare for your Utah custody hearing with Ascent Law
If you’re going through the struggle of the divorce process, you don’t have to do it alone. The experts at Ascent Law are here to help you find success in your custody arrangement and will help you to ensure that your child is cared for. For more information and to book your free intro call today, please visit our website. We look forward to serving you!
Salt Lake City
Salt Lake City, Utah
|City of Salt Lake City|
“The Crossroads of the West”
|Named for||Great Salt Lake|
|• Type||Strong Mayor–council|
|• Mayor||Erin Mendenhall (D)|
|• City||110.81 sq mi (286.99 km2)|
|• Land||110.34 sq mi (285.77 km2)|
|• Water||0.47 sq mi (1.22 km2)|
||4,327 ft (1,288 m)|
|• Rank||122nd in the United States
1st in Utah
|• Density||1,797.52/sq mi (701.84/km2)|
| • Urban
||1,021,243 (US: 42nd)|
| • Metro
||1,257,936 (US: 47th)|
| • CSA
||2,606,548 (US: 22nd)|
|Time zone||UTC−7 (Mountain)|
|• Summer (DST)||UTC−6|
|Area codes||801, 385|
|GNIS feature ID||1454997|
|Major airport||Salt Lake City International Airport|
|Website||Salt Lake City Government|
Salt Lake City (often shortened to Salt Lake and abbreviated as SLC) is the capital and most populous city of Utah, as well as the seat of Salt Lake County, the most populous county in Utah. With a population of 199,723 in 2020, the city is the core of the Salt Lake City metropolitan area, which had a population of 1,257,936 at the 2020 census. Salt Lake City is further situated within a larger metropolis known as the Salt Lake City–Ogden–Provo Combined Statistical Area, a corridor of contiguous urban and suburban development stretched along a 120-mile (190 km) segment of the Wasatch Front, comprising a population of 2,606,548 (as of 2018 estimates), making it the 22nd largest in the nation. It is also the central core of the larger of only two major urban areas located within the Great Basin (the other being Reno, Nevada).
Salt Lake City was founded July 24, 1847, by early pioneer settlers, led by Brigham Young, who were seeking to escape persecution they had experienced while living farther east. The Mormon pioneers, as they would come to be known, entered a semi-arid valley and immediately began planning and building an extensive irrigation network which could feed the population and foster future growth. Salt Lake City’s street grid system is based on a standard compass grid plan, with the southeast corner of Temple Square (the area containing the Salt Lake Temple in downtown Salt Lake City) serving as the origin of the Salt Lake meridian. Owing to its proximity to the Great Salt Lake, the city was originally named Great Salt Lake City. In 1868, the word “Great” was dropped from the city’s name.
Immigration of international members of The Church of Jesus Christ of Latter-day Saints, mining booms, and the construction of the first transcontinental railroad initially brought economic growth, and the city was nicknamed “The Crossroads of the West”. It was traversed by the Lincoln Highway, the first transcontinental highway, in 1913. Two major cross-country freeways, I-15 and I-80, now intersect in the city. The city also has a belt route, I-215.
Salt Lake City has developed a strong tourist industry based primarily on skiing and outdoor recreation. It hosted the 2002 Winter Olympics. It is known for its politically progressive and diverse culture, which stands at contrast with the rest of the state’s conservative leanings. It is home to a significant LGBT community and hosts the annual Utah Pride Festival. It is the industrial banking center of the United States. Salt Lake City and the surrounding area are also the location of several institutions of higher education including the state’s flagship research school, the University of Utah. Sustained drought in Utah has more recently strained Salt Lake City’s water security and caused the Great Salt Lake level drop to record low levels, and impacting the state’s economy, of which the Wasatch Front area anchored by Salt Lake City constitutes 80%.
About Salt Lake City, Utah
Neighborhoods in Salt Lake City, Utah
Poplar Grove, The Avenues, Ballpark, Lower Avenues, Downtown, Woodbury, Central City, Neighborhood House, Salt Lake City Community Development, Rio Grande, The Neighborhood Hive, Neighborhood Services, University Neighborhood Partners, Salt Lake City, Neighborhood Auto Service, Sunnyside Park, Building at Rear, 537 West 200 South, Washington Square Park, Area 51, Brigham Young Historic Park
Things To Do in Salt Lake City, Utah
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Reviews for Ascent Law LLC Salt Lake City, Utah
We've gotten divorce and child custody work from Ascent Law since the beginning because of my ex. We love this divorce firm! Staff is gentle, friendly and skilled. Tanya knows her stuff. Nicole is good and Ryan is fun. Really, all the staff here are careful, kind and flexible. They always answer all my questions, explain what they're doing and provide great legal services. I personally think they are the best for divorce in Utah.
I have had an excellent experience with Ascent Law, Michael Reed is an absolutely incredible attorney. He is 100% honest and straight forward through the entire legal process of things, he also has a wonderful approach to helping better understand certain agreements, rights, and legal standing of matters, to where it was easy to know whats going on the entire process. I appreciate the competency, genuine effort put forth, and assistance I received from Ascent and attorney Michael Reed, and I will be calling these guys if ever I have the need again for their legal assistance! 5star review Wonderful attorneys!
This review is well deserved for Ryan and Josh. New clients should know they are worth the 5 star rating we give them. We needed 2 sessions from them because of the complexity of the matter, but they are both very passionate about his helping others in need. My sister needed bankruptcy and I needed divorce. Sometimes they go hand in hand but a large shout out to this team - also Nicole is one of the sweetest people you ever did meet - she offered me warm cookies!
Mike Anderson and his colleagues & staff are knowledgeable, attentive and caring. In a difficult and complex case that eventually went to trial, Mike was the voice of reason and the confidence I needed. His courtroom abilities are amazing and I felt his defense of me was incredible. His quick thinking and expertise allowed for a positive result when I felt the World was crumbling. His compassion, after the case, has helped me return to a good life. I trust Mike and his staff. They are friendly and very good at what they do.
I worked with Attorney Alex and Paralegal Ami in my divorce case. I got to know the team very well over the course of two years. I cannot think of a better team to have worked with. Ami and Alex are not only exceptional law professions who are very knowledgeable and thorough, they are also the best human beings who empathize with the emotions I was experiencing. Alex was conscious of my budget and worked efficiently to try to reduce unnecessary legal expenses. My case also involved some dealings with a foreign country that Alex and his team had previously dealt with. They did an amazing job addressing cultural barriers in a very respectful manner and did not fall short in quality of work or in standards when dealing with some of these new challenges. Ami deserves a medal for being extremely professional, calming, and compassionate when it is needed most. When you need family law attorneys, call this firm. I now feel I can move forward with grace and dignity.