Though it is unfortunate, often times a husband and wife’s circumstances change and their relationship falls apart. An end to such a marriage, or a divorce, can be final solution. When thinking of divorce, the couple needs to consider several very important issues. If the marriage involves children, an issue of special importance is Child Custody.

Child Custody- For most couples with children, child custody is the most important issue to be decided in a divorce.  Child Custody can be as simple as where the child will live and when the child will visit each parent.  Sometimes parents can agree on their own custody and parent visitation schedules. However, when the parents cannot agree, that decision is made by the Courts. The Utah State Legislature has given guidance to the Courts regarding child custody decisions. This is found in Utah Code Annotated section 30-3-10.2. Utah defines Joint Legal Custody as “the sharing of the rights, privileges, duties, and powers of a parent by both parents.” Utah defines Joint Physical Custody as the child staying with each parent overnight for more than 30% of the year, and both parents contributing to the expenses of the child in addition to paying child support. Generally, the court will presume that joint legal custody is in the best interest of the child or children. It is important to remember that there are many thinks that the court takes into consideration, which are listed in Utah Code 30-3-10. Three of these factors are also discussed below.

1. Preference of the Child- If the child is 14 years or older, or if the child is of sufficient age and capacity, the court may take into consideration the child’s desires about custody or parent-time schedules. Despite this, the child’s expressed desires are not controlling. Furthermore, Utah law does not give preference to either parent because of their gender.

2. Custody Evaluation- Often the court will rely upon a Child Custody Evaluation to help aid in the a custody and parent time decision. A Child Custody Evaluation is completed by a professional who has specific training in child development and is licensed by the Utah Department of Occupational and Professional Licensing. The purpose of the custody evaluation is to provide the court with information to inform decisions regarding custody and parenting time arrangements. It is most important for the court that a custody arrangement is in the child’s/children’s best interest. The Court heavily relies on such Custody Evaluations, as they are a way for the judge to get a full picture of the family’s circumstances and behaviors.

Custody evaluation cost vary from case to case, depending on the amount of interviews required, the amount of travel required, the length of time associated with such interviews, the length of the report, and if a testimony is required in court. Prices can vary from $4,000 to upwards of $40,000.

3. Child Support: Another important issue is child support. Child support rules and guidance are given by Utah Code, section 78B chapter 12 (the Utah Child Support Act). The act states that, “Every child is presumed to need the support of the child’s mother and father. Every mother and father shall support their children.” The state had set guidance for child support based upon the parent’s income and nights spent with each parent. A child support calculator can be found at orscsc.dhs.utah.gov.

After a child support order is made, either parent may have it modified if their circumstances have materially and substantially changed.

It can be unfortunate when a marriage ends. However, when the relationship involves children, it is important to keep their best interests in mind.