Paul Horton: Stand Up for Your Custody Rights

You always serve your interests best in a divorce or custody case by arriving at a mutually agreeable settlement for important issues like child custody. But, as the leading family law firm in Nassau, Queens and Suffolk Counties, we know that mutually agreeable may be a foreign concept to some contentious couples and that the case could end up in court.

Utah family courts seek to focus on the best interests of the child. But in reality your fitness as a parent is evaluated by people who really don’t know you, your ex or your children. You’ve never needed an experienced and aggressive lawyer more.

Beyond the obvious red-flag issues such as mental illness, domestic violence or substance abuse, the court will evaluate a myriad of gray areas, including:

Each parent’s ability to provide financially for the child’s basic needs
The availability of a safe and stable home environment
The flexible time each parent has to care for the children

To ferret out those seeking custody solely to avoid paying child support, the court will document who has been the children’s primary caregiver, who they’re living with now and for how long. The current custodian will have an edge, since judges tend to shy away from disrupting a child’s life.

The judge may seek input from an independent attorney for the child, also known as a law guardian, as well as from mental health and/or social work professionals. And older children will likely be asked about their own preferences for a custodial parent.

Mothers’ Rights in Utah

Fathers’ rights are a hot topic in the media and in the courtroom. Fathers trying to gain custody can download books and join websites to learn techniques to help win custody and visitation or find out 140 violations a father can use against his challenger.

This call to arms is a response to the historic tendency of courts to award primary custody to mothers and allot visitation and payment of child support to fathers. But this combative attitude toward mothers who are primary caregivers—combined with changes in family law—can devastate women dedicated to the well-being of their children.

Even with easy availability of information about the divorce process[H1], women going through divorce are often stunned by the ferocity of the attack on their parenting. This is oftentimes fueled by the anger of their former partner, or his desire to reduce or avoid paying spousal and child support.

Over 80 percent of the divorce cases our family law firm handles each year involve child custody disputes. Therefore, it is not enough to file divorce papers and assume a custody decision will be made in your favor. Make sure your divorce attorney is an aggressive advocate for you—and your children—and is willing to do the following:

Understand the legal strategies behind fathers’ rights claims

Champion your place in providing for the best interests of your children

Deliver a convincing point-by-point argument that proves your case to the court

Your children are counting on you. Retain the best legal help you can to get the outcome you need.

Free Consultation with Child Custody Lawyer

If you have a question about child custody question or if you need to collect back child support, please call Ascent Law at (801) 676-5506. We will help you.