When parents separate, divorce, or otherwise split up, custody can become a hotly disputed issue. Custody and visitation will be disputed, as will the question of which parent should make what parenting decisions. If the parents cannot agree, the court will have to decide. Utah judges sometimes rely on custody evaluations to help them make custody decisions. If the judge in your case orders an evaluation, you will need to cooperate.

What is a custody evaluation?

Simply put, a professional evaluator studies the children and parents and then makes a custody recommendation to the court. The evaluator can be a social worker, psychologist, psychiatrist, or marriage and family, therapist. The evaluator can rely on interviews, questionnaires, psychological tests, and observation of the parents and children. Additionally, the evaluator might review whatever materials or documents the parents wish to provide. The custody evaluator is supposed to consider the child’s needs and the child’s wishes. Also, the evaluator should consider the existing relationships between the parents and children and the parents’ parenting abilities.

Once the custody evaluator has finished evaluating the situation, he or she will meet with the parents. At that meeting, the parents will learn about the evaluator’s recommendations and observations. Either parent may request a written report. Often, the evaluator’s recommendation encourages settlement of the case. But, if not, the parties can go to trial, and the custody evaluator may testify as an expert witness.

How does one obtain a favorable evaluation?

The best way to obtain a favorable evaluation is to be a good parent who cooperates with the other parent. Other blog posts from our site go into the subject of how to be and prove that you are a good parent.

However, even good parents can get poor evaluations. So, even good parents will want to appropriately prepare for the evaluation. When interacting with the evaluator, it is best, to be honest, calm, and rational. Do not try to pass yourself off as something you are not. Always focus on what is most important, and remember that sometimes less is more. If you perceive problems with the other parent, focus on facts and the evidence. Be objective. Your time with the evaluator is not a good time to bash the other parent. Rather, the focus should be on what the children have experienced and what they need.reset chromecast

At Christensen Law, we can help you with your custody case. If a custody evaluation is involved, we can advise you further and tailor our advice to your situation.

In Utah, there are a variety of situations where a court may need to make child custody decisions. These cases include divorce, custody, parentage, adoption, custody modification, visitation, parent time, etc. In these cases, the court will be interested in making an order that is in the best interest of the children.

It is in the best interests of children to live with and spend time with good parents. Parents wanting maximum custody or parent time need to prove they are good parents. If you are not already a good parent, now is a good time to become and remain a good parent. If you already are a good parent, you need to start looking for a way to demonstrate it.

At Christensen Law, we can help you evaluate your case and provide you specific suggestions to improve your chances. Below, we provide some generic ideas for ways to be and show that you are a good parent. For questions about how these suggestions should apply to you, feel free to contact us about your case.

Homework

If your child is in school, he or she probably has homework. A lot of children need and appreciate help with homework. Parents of younger children sometimes are required to sign off on homework completion. A copy of the sign-off sheet with your initials on multiple assignments can help your case. Alternatively, being able to display a thorough knowledge of your child’s homework requirements and academic situation is persuasive.

Doctor Visits & Medical Concerns

Children need their parents to look out for their medical needs. Your arguments are persuasive if you can show that you have prudently cared for your child’s medical needs. Being at the doctor visit itself is good. If that is not possible, being aware of the visit and the needed treatment is good.

Sharing Information with Other Parent

Being involved with your child’s homework and medical needs is great. Being the only parent who knows about the child’s medical and educational situation is compelling. But, it will hurt you if the other parent is in the dark because you excluded him or her. If you are taking the child to the doctor, let the other parent know. If there are homework struggles or needs, let the other parent know. It will help your child to have both parents in the loop and looking to help. Moreover, sending an email to the other parent creates evidence. It shows you are involved and it shows that you are cooperating—a double win.

It is not strictly necessary for a marital separation to lead to divorce. Sometimes spouses are unable to live together at present but hope to reconcile in the future. Or, perhaps, the spouses have no intention to ever live together but do not want a divorce. If the spouses are amicable or if there is nothing to fight about, such a separation could go for years without the need for legal help. But, sometimes, there are children. Or, disputed property or finances—particularly if one spouse needs support. If you are facing such a situation, Utah law provides a couple of options. It is possible to iron these things out in court without getting divorced. The two options are discussed below. Here at Christensen Law, our attorneys can counsel you regarding your options. Once you know how you would like to proceed, we can help you move forward.

Motion for Temporary Separation Order

For a small fee, either spouse may ask a Utah court for a temporary separation order. The court can then make orders regarding custody, visitation, support, property, etc. To qualify, the parties must be married to each other. Both must have lived in Utah for at least ninety days prior to filing for the temporary separation order. The order is temporary and, on its own, lasts for only one year. The year is basically long enough for the parties to either reconcile or move on to divorce. Indeed, temporary separation is treated as a half step toward divorce.

The parties must attend divorce education and divorce orientation. Either party has the option to file a divorce and consolidate with temporary separation order case. And, the fee for the temporary separation will count toward the divorce case fee. Temporary separation orders carry over into the divorce case until new orders or until the divorce trial. Temporary separation is best for when spouses hope to reconcile but intend to divorce if reconciliation does not happen.

Petition for Separate Maintenance

Separate maintenance is a something of a relic. It was an avenue for spouses who could not obtain a divorce but needed alimony and other support. Despite divorces now being easier to obtain, separate maintenance remains for those that desire it. Separate maintenance proceedings are similar to divorce proceedings in almost all respects but do not end in divorce. The court stops at the division of property and debt, alimony, custody, and child support. The responding party must be a resident of Utah. Separate maintenance is best for those who have no intention to live together but also have no intention of divorcing. It should be noted that one spouse filing for separate maintenance will not stop the other spouse from filing for divorce. Persons interested in separate maintenance should carefully consider their options and consider consulting an attorney.

In Utah, the standard method of dissolving a marriage is divorce. However, in some cases, the parties may qualify for an annulment. When a court orders an annulment, the marriage, in the eyes of the law, never happened. Some people may find themselves in a situation where they need such an order. The most common situation would be where the marriage cut off a party’s prior right to alimony. There are two main reasons why Utah courts will grant an annulment. Convincing a judge to grant an annulment for either of those reasons is not always easy—even when the annulment goes uncontested.

You Can Obtain Annulments for Invalid Marriages

Utah has laws governing who can get married to who and how the marriage is to be performed. People who enter a marriage in violation of those laws can make good arguments for annulment. For example, Utah Law requires a marriage license. If the parties fail to obtain a marriage license or misuse their marriage license, an annulment might be possible. Other examples include incestuous marriages, bigamous marriages, and underage marriages.

You Can Obtain Annulments for Reasons Provided in Common Law

In addition to taking guidance from the Utah Code and court rules, courts refer to prior cases decided by appellate courts. The Utah Code explicitly authorizes courts to look at prior cases to see what other good reasons there might be for an annulment. Typically these reasons involve some sort of fraud on the part of one of the spouses. The fraud must be related directly to the marriage. It must also rise to the level where if one spouse had known the truth, he or she would not have gone through with the marriage. Examples are case-specific. The examples typically include spouses lying about the real reason they want to marry or about how they will really treat the marriage relationship.

Obtaining an Annulment Can Be Difficult

Because of no-fault divorce, it is much easier for the court to decide that the parties should be divorced. Deciding whether to annul a marriage is more difficult and involved. If one spouse is hoping to reinstate alimony, it may become even more difficult because, to reinstate a Utah alimony award, the prior spouse must have an opportunity to dispute the annulment. If you are considering an annulment, you should consider consulting with an attorney.

At Christensen Law, we have handled both divorces and annulments. Feel free to contact us at 801-303-5800 for a free consultation by phone or in-person.

When an unmarried couple has a child, the parent-child relationship is established by the following means:

Mother-child relationship:

(a) the woman’s having given birth to the child, except as otherwise provided as part of a gestational agreement;

(b) an adjudication of the woman’s maternity;

(c) adoption of the child by the woman; or

(d) an adjudication confirming the woman as a parent of a child born to a gestational mother if the agreement was validated or is enforceable under other law.

Father-child relationship:

(a) an unrebutted presumption of the man’s paternity of the child.  For example, he and the mother of the child have married and the child is born during the marriage or within 300 days after the marriage ended;

(b) an effective declaration of paternity by the man, unless the court rescinded the declaration or successfully challenged;

(c) an adjudication of the man’s paternity;

(d) adoption of the child by the man;

(e) the man having consented to assisted reproduction by a woman, which resulted in the birth of the child; or

(f) an adjudication confirming the man as a parent of a child born to a gestational mother if the agreement was validated or is enforceable under other law.

Without the establishment of the parent-child relationship, the duties and rights associated with that relationship do not exist. Examples include custody and visitation or child support. Once the parent-child relationship becomes established, the rules of custody and parent visitation apply no differently than if the couple had not yet divorced. The court uses the standard “best interest of the child” for determining custody. The factors the court considers are the needs of the child, the child’s bond with the parents, and the parenting skills of the parties.