The UCCJEA provides the statutory basis for determining which state has jurisdiction over child custody matters. Nevares v. Adoptive Couple, 2016 UT 39 The Utah Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) creates a uniform and predictable method for determining which state has jurisdiction to make child custody decisions. Bobby Nevares filed suit to establish paternity and custody over…
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Child Custody
New Minimum Joint Physical Custody Law in Utah
Utah has Moved to More Liberal Parent Time This year the Utah Legislature has moved toward a more liberal minimum parent time. This is a huge victory for noncustodial parents. What is the change? Previously in Utah, the minimum joint physical custody statutory parent time gave the noncustodial parent 111 nights. The Utah State Legislature has increased that amount from…
Can A Temporary Custody Order Influence a Permanent Custody Order?
Temporary Custody Orders Are Entered with Little Information A lot of people have the misconception when going into a divorce case that a temporary order awarding one spouse sole custody of the children will ultimately result in the same ruling as a permanent custody order. People should not jump to this conclusion because it is not true. Temporary custody orders…
Parental Presumption for Child Custody in Utah
The Rights of a Parent In Utah, the law recognizes the absolute rights of parents to have custody and control over their minor children absent a termination or suspension of parental rights. These rights are recognized by both the Utah and federal constitutions. Under both of those constitutions there must be a showing that a parent abandoned or neglected his…
Child Support and the Office of Recovery Services
In Utah the administrative agency that deals with enforcing child support obligations is called the Office of Recovery Services (ORS). Most people are aware of child support as part of a divorce but there are other scenarios in which the ORS can get involved and enforce a child support obligation. For example when the parents of a child are not…
How Joint Custody May Affect An Infant’s Parental Attachment
Recently, a group of researchers at the University of Virginia conducted a study on how infants’ parental attachments are affected by custody arrangements. Specifically, the study aimed to find out how an infant’s relationship with his primary caregiver is affected when the infant spends at least one night per week away from the primary caregiver, whether that is the mother…
Gay or Lesbian Child Custody Disputes in Utah
Increased Legal Rights of Gay and Lesbian Couples It is apparent that public opinion concerning gay and lesbian marriages is changing throughout America. Though there is still a minority of states that have legalized gay and lesbian marriages, the future will probably see more states and courts legalizing such marriages. This is true especially in light of the U.S. Supreme…
Misconceptions Involving Fathers and Custody
We frequently get phone calls from fathers with questions about their rights with their kids. Fathers often believe the simple fact they are the man in the relationship somehow puts them at a significant disadvantage in a divorce or other family proceeding. We hear all the time from fathers going through divorce about their preconceived notions on how Utah law…
Salt Lake City Divorce Lawyer | Utah Custody Attorney
Salcido Law Firm is the place to start when searching for the right Salt Lake City Divorce Lawyer or Utah Custody Attorney for you. Many people each month call our team of experienced divorce lawyers and mediators to help them resolve their disputes. It is no big secret that divorce and other family law matters are some of the most…
Understanding Utah Laws Regarding Custody and Parental Evaluations
Many divorces involving custody disputes eventually go the way of a custody evaluation. Understanding the laws in Utah that apply to custody evaluations can help you be effective in the process and can help you to ensure you are looking out for your children’s best interests. Below is a brief summary of a some of the relevant laws in Utah…