When two parents get a divorce, they must make many decisions. These decisions include deciding child custody, dividing marital assets, and settling up child or spousal support. Ideally, parents agree to child custody arrangements that are in their children’s best interests. But sometimes, one parent may think the other does not deserve to parent their children and must not be granted physical custody of them. This is especially common in cases that involve domestic violence. In this case, the services of a Sandy domestic violence lawyer must be sought to help spouses resolve their issues.
Child Custody and Domestic Abuse
Under state law, if parents can’t agree to a child custody arrangement, they should petition a family court to help them make a decision. Courts will always prioritize the best interests of children and consider different factors when determining what’s best for them. Such factors include the willingness of both parents to provide child care and support, the relationship of a child with their parents and whether each parent is fit to be a parent. A parent’s fitness can be seriously impacted by their history of domestic violence.
The state of Utah takes domestic violence seriously. Indeed, its statute requires family courts to think about the impacts of domestic violence when they make custody determinations. Domestic violence and abuse, no matter how rare they occur, can affect the ability of a parent to offer a nurturing and safe environment for their children. Should a family judge think a parent may have an abusive nature, they would not grant child custody to this parent.
Uncontested Divorce in Sandy, Utah
If a marriage dissolves, some situations can arise. Sometimes, one spouse won’t agree to the dissolution of marriage or on certain aspects of the divorce like property division. In such cases, a couple pursues a contested divorce. But if both spouses agree to all terms of their divorce, a trial won’t be necessary. In this case, they opt for an uncontested divorce.
An uncontested divorce is less expensive, stressful, and time-consuming. Usually, divorce trials require spouses to share confidential and private details regarding their marriage in public. Instead of reaching an agreement on the terms of their divorce, the spouses leave such decisions to a family judge who has no knowledge about their marriage life. Sometimes, a judge may not be precise in determining what’s in the best interest of the children and their divorcing parents.