Custody/Guardianship Petitions

When it comes to the well-being of a child, determining custody/guardianship is one of the most crucial legal decisions a parent or guardian can face. Whether you’re a parent seeking custody, a relative petitioning for guardianship, or someone looking to modify an existing arrangement, we are here to help you navigate the process.  

What is a Custody Petition? 

A custody petition is a legal request made to the court, asking for custody of a child. Custody cases can arise in various situations, such as divorce, separation, or when a child’s current living arrangement is deemed unfit. In Utah, courts always consider the best interests of the child when making custody decisions, taking into account factors like: 

• The emotional bonds between parent and child 

• Each parent’s ability to provide a stable, supportive environment 

• The child’s needs, including education, health, and emotional development 

• Any history of abuse or neglect 

What is a Guardianship Petition? 

A guardianship petition is a request to be legally recognized as the guardian of a child. Guardianship is typically sought by non-parents, such as grandparents or other relatives, when the parents are unable or unwilling to care for their child. Guardianship may be necessary in cases involving: 

• Parental incapacity due to illness or disability 

• Parental absence or abandonment 

• Situations where a parent is unable to provide a safe and stable home for the child 

In guardianship cases, the court will assess the petitioner’s ability to care for the child and will always prioritize the child’s best interests. Guardianship grants the guardian legal responsibility for the child’s care, including decisions about their education, healthcare, and overall welfare. 

How Do Custody and Guardianship Differ? 

While both custody and guardianship involve legal responsibility for a child, they differ in key ways: 

• Custody typically refers to the legal and physical responsibility parents have over their children, especially in cases of divorce or separation. 

• Guardianship usually involves non-parents taking on the legal role of a parent when the biological parents are unable to do so. 

Understanding these differences is essential for ensuring you pursue the correct legal process for your situation. 

Modifying Custody or Guardianship Orders 

Life circumstances change, and sometimes the initial custody/guardianship arrangement may no longer serve the child’s best interests. If you need to modify an existing order, whether due to a change in employment, relocation, or other significant life events, our team can help guide you through the modification process. 

Contact Us for a Consultation 

If you are considering filing for custody or guardianship, or need to modify an existing order, contact us today for a consultation. We’re here to provide the legal support you need during this critical time.