Tag: divorce help

Custody Battles

Custody Battles

One thing we have done a lot of are custody battles.  They can be some of the most difficult cases to handle. It is highly emotional and probably one of the hardest thing someone will do is go through a contested battle for custody of their children. One of the things that makes these types of cases so hard is that the law gives lists of factors in the code, but leaves it to a judge to determine which factor is most relevant.  I had a case recently where the judge gave custody to the mom because she had taken the child with her on vacation and the father had not after the parties had separated.

Best Interest of the Child

The governing principle in the law is “best interest” of the child.  Utah law can be found here: Utah Custody Factors.  You can click this link if you want.  It basically comes down to what a judge thinks is best taking these factors into play.  We have been to court a number of times and had trials and hearings on these types of cases and feel we can predict with a reasonable degree of certainty what a judge will do, but we have been surprised more than once.

Mediation

Utah has mandatory mediation in divorce cases.  This is the best option to resolve a custody battle.  It allows you to control the outcome and be more creative than a judge would.  Judges tend to follow the law about parent time. Sometimes you can get a judge to follow the optional schedule.  This means that if you want to do 50/50 parent time or something other than what the Utah Legislature has set out as the minimums you better do it at mediation.

Custody Evaluations

If you cannot agree at mediation a lot of judges will order a custody evaluation.  This is done by a mental health professional who has had training and experience is this sort of thing.  They look at these factors to make a recommendation to the court or to hold a second mediation where they present their recommendations to the parties and give them a chance to try and resolve it before court.  Most of the time the judge will do what the custody evaluation suggests.

Call us we can help

If you are in a custody battle.  Call Travis at 435-674-2564  We can help you figure this stressful and important battle out.

We make divorce easier

We Make Divorce Easier

We make divorce easier.  Our attorneys understand the process.  They have a combined experience of more than 50 years doing divorce in Southern Utah.  In a way you could say we have been there and done that when it comes to divorces. We have handled divorces where there were almost no assets up to divorces involving CEOs of significant national corporations.

The Process

In Utah the divorce process starts out with someone filing a petition for divorce and serving that on the other party. This petitioner and summons requires an answer. After the answer the court sets some deadlines.  These deadlines involve the exchanges of financial and other information.  Utah requires mediation. Mediation is a wonderful tool to resolve divorces. We work hard to assist our clients in a mediation process. We have learned that if everyone agrees to something in mediation several things take place. First, compliance is higher. Second, the cost are down significantly from what they would be if the matter went to trial. Third, if there are kids involved it generally allows them to move on with their lives sooner rather than later after an extensive court battle between the parents.

We Can Help

Divorce is never easy. We have found that if we can work hard and gather the necessary evidence we are able to assist our clients in getting satisfactory resolutions to their cases. We strongly believe that mediation is the best way to resolve a divorce.

Avoid Expenses

If we are unable to resolve the case at mediation, and there are kids involved, generally the next step is to do a home study or custody evaluation. A home study can cost in the neighborhood of $5000. They take anywhere from 60 to 120 days and involve a deep dive into your personal lives by a therapist.

We are good at Divorce

A lot of folks believe that they can represent themselves in a divorce we have found that simply is not the case. People have paid us more money to clean up a mess they created by attempting to do it themselves than by hiring us to begin with. In summary we make divorce easier.

Click this link to go to our contact page and get in touch with us so we can begin to help you.

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