Family attorney is a person who deals with all the matters of families. No matter if it is a matter of marriage, divorce, child custody, property, ownership, etc. The Family-law attorney in West Valley City deals with all such matters. A Family attorney is out of the zone of the criminal justice system and works only under civil law. Whenever a person gets a problem in family matters, no matter how severe the condition is, a Family-law attorney is hired, not a criminal lawyer. A Family-law attorney has the massive responsibility of getting justice for his clients. Family lawyers can act as mediators when family disagreements develop. They can also represent litigants in family conflicts that end up courts. Below are some of the things that family lawyers can do. Parents with minor children who are facing divorce are usually primarily concerned with child custody matters. Getting enough family time with children after a divorce is vitally important to the health and happiness of any children and for the family as a whole.
Each state has different laws regarding child custody matters, although most follow similar guidelines. Physical custody is the type of custody granted to the parent who lives with the child. Legal custody is the type of custody in which the parent has the right to participate in important life decisions for the child, such as schooling or religious affiliation. Both parents can have both types of custody. Sole custody occurs when only one parent is awarded custody for either physical or legal custody, or both. In joint custody, both parents share custody.
In West Valley City, Utah, joint physical custody means each parent lives with the child for at least 111 days in a year.
How a Court Decides Custody
In West Valley City, Utah, a court presumes that joint legal custody is in the best interests of the child, absent a valid reason to the contrary. Such reasons could include domestic violence, having a child or parent with special needs or if there is a large distance between the living spaces of the parents. A court does not presume that it is in a child’s best interest to live with the mother or father based on the biological sex of the parent, but decides custody on the best interests for a particular child based on several factors involving the child and parents. When establishing what is in the best interests of the child, West Valley City, Utah family courts rely on several factors defined by state law. However, that list is not exhaustive, meaning that a court can take any information that it deems relevant when deciding child custody.
In West Valley City, Utah, the legislature specifically noted that a court should consider the following when reaching a decision on custody:
• Previous parental conduct and the “demonstrated moral standards of each of the parties”
• Which parent will act in the best interest of the child, including allowing the noncustodial parent frequent and continuing access to the child.
• The depth, quality, and nature of the relationship between a parent and child
Modifying a Child Custody Order
West valley City, Utah state law recognizes that life changes occur after a divorce is finalized. While one custody arrangement may be appropriate soon after the divorce is final, changes in jobs, relocation and other matters may make a current child custody arrangement obsolete. A parent must petition to the court in order to modify a child custody arrangement. If the parents cannot agree on a change, the court will look to two factors when deciding whether to change the child support order:
• First, the court must find that “a material and substantial change in circumstances” has occurred since the last order was entered
• Second, the court must determine that changing custody would be in the best interests of the child Parents with questions regarding custody matters should consult with an experienced family law attorney to discuss their situation.
West Valley City, Utah Divorce Laws
When a couple gets married, it’s generally a happy time in their lives and they don’t think about divorce. Despite this hope, sometimes divorce is necessary for the health and sanity of both parties. The old axiom of about 50% of marriages ending in divorce has been found to be inaccurate, but a good number of marriages still don’t last forever. If you have children, child custody and child support are important parts of the case that will keep you and your former spouse in family court until the children are adult that aren’t eligible for child support, which in Utah can be ordered until they’re 21 years old. No matter what your individual circumstances are, a couple seeking a divorce must comply with the following divorce laws before they are able to divorce in Utah.
Residency Requirements: One party must be a bona fide resident of Utah for at least three months before commencing action. Members of the military who have been stationed in Utah for at least three months can also file for divorce there.
Waiting Period: A divorce matter won’t be heard by the family court until at least 90 days from filing the complaint asking for a divorce. In extraordinary circumstances, this waiting period can be waived.
A divorce decree becomes absolute on the day its signed by court and entered by the clerk, however, not that the judge can extend the date in which it becomes absolute for up to six months for good cause either by application of either party or at his or her own decision.
“No Fault” Grounds for Divorce: Utah has two no fault grounds for divorce, first irreconcilable differences which is a loose cover-all for just no longer getting along and wanting to break up. The second no fault grounds is being legally separated and not cohabitating for at least three years.
Fault Based Grounds for Divorce; Utah still maintains fault based grounds for divorce, these can affect the amount that’s distributed to each spouse under the state marital property laws. These fault-based grounds are:
• Adultery committed by the respondent (person who is served with divorce papers) while married to petitioner (person who brings the divorce action)
• Cruelty or domestic violence to extent that bodily injury or great mental distress is caused of the petitioner
• Desertion of the petitioner for at least 1 year
• Alcohol addiction of respondent
• Impotency of respondent at the time of marriage
• Nonsupport or willful neglect to provide the petitioner with necessaries of life
• Incurable insanity
• Conviction of a felony by respondent
Temporary Separation Order
A person can ask the court for a temporary separation order that is valid for one year or until the divorce is filed or the case is dismissed.
West Valley City, Utah Child Custody Laws
When a couple with children breaks up, the responsibility to care for the children must be shared by both parents. An important aspect is child custody or with whom the child will live with and what visitation with the other parent will be like. Another part of this responsibility is financial support, in the form of child support. West Valley City, Utah family courts, like those in most states, determine child custody matters using the “best interests of the child.” The factors considered by the judge include:
• Past conduct and demonstrated moral standards of the parties
• Parent most likely to act in the best interest of the child, including allowing child frequent contact with non-custodial parent
• Bonding between each parent and the child
• If a parent has intentionally exposed the child to pornography or other harmful sexual-related materials
• Physical, psychological, and emotional needs of the child
• Both parent’s ability to reach shared decisions for the child and prioritize the child’s welfare
• If both parents participated in raising the child before the divorce
• The geographic proximity of the parents’ homes\
• The child’s preferences
• Parents ability to protect child from their conflict
• Past and present ability to cooperate with each other in parenting and making decisions
• Any history of child abuse, domestic violence, or kidnapping
• Any other relevant factors
When parents can’t develop their own parenting schedule, the court can establish an appropriate schedule more or less than the statutory minimum parent-time based on the following best interest of the child factors:
• How parent-time would negative impact child’s physical health and emotional development
• Distance between child’s home and the non-custodial parent’s home
• Allegations of child abuse
• Lack of demonstrated parenting skills when there’s no safeguards to ensure child’s safety
• Financial inability of non-custodial parent to provide food and shelter during parent-time
• Child’s preference, if sufficiently mature
• Parent’s incarceration
• Shared interests of the child and non-custodial parent
• Non-custodial parent’s involvement in the child’s school, community, religious, or other related activities
• Non-custodial parent’s availability to care for the child when the custodial parent is working or has other obligations
• Chronic pattern of missing, canceling or denying regularly scheduled parenting time
• Parent-time schedule of siblings
• Lack of reasonable alternatives for nursing child
• Any other criteria the court feels is relevant to the best interests of the child
Utah Marital Property Laws
During marriage, couples acquire the rights to some of the property and assets, as well as debts, acquired by one or both of them. Marital property doesn’t include things that are considered separate property owned by either spouse, for example, property owned before marriage, inheritance, gifts, property specifically excluded by valid prenuptial agreements, and property gained after legally separating. In addition, keep in mind that you are also on the hook still for your separate debts from before marriage.
Equitable Distribution vs. Community Property
Wes Valley City, Utah is an equitable distribution or common law state, which is the majority marital property legal system. However, large numbers of people, live in community property states. This means marital property in West Valley City Utah isn’t automatically assumed to be owned by both spouses and therefore should be divided equally in a divorce.
In West valley city, Utah, marital property is divided “equitably” or fairly, which may not be an even 50-50. Usually for longer marriages, it is about 50% to each party. For short-term marriages, the court generally puts people back to their position before the marriage, such as giving people what they had before the marriage and typically what they made during the marriage. Parties can agree on how they want to divide the property outside of court, but a judge will review it to ensure it’s fair.
West valley City, Utah Child Abuse Laws
Criminal statutes are in place to keep people safe. Utah’s child abuse laws are designed to protect children from harm by prohibiting the physical, emotional, and sexual abuse of children. These child abuse statutes assist in prosecuting child abusers and mandate certain third parties and professionals with access to children to report knowledge or suspicion of child abuse to the authorities. Utah’s Department of Child and Family Services also provides resources statewide to protect the welfare of children.
West Valley City Utah Child Support Guidelines
Family law courts in Utah determine how much child support a non-custodial parent (a parent who doesn’t live with their minor child) is required to pay by using the state’s child support guidelines. These guidelines take into consideration both parents’ gross incomes and the number of children that they have together. The court will follow the child support guidelines unless there is substantial evidence to rebut the guidelines. In order to determine whether or not to deviate from the guidelines the court will consider:
• The standard of living of the parents
• The relative wealth and income of the parents\
• The ability of the non-custodial parent to earn
• The ability of the custodial parent to earn
• The ability of an incapacitated adult child to earn, or other benefits received by an adult child
• The needs of the custodial parent, the non-custodial parent, and the child
• The ages of the parties, and
• The responsibilities of the custodial parent and the non-custodial parent for the support of others
Reasons to Hire a Family Law Attorney
• Handling Divorce Issues: Undergoing a divorce is probably one of the most draining experiences that a family can face. Emotions may set in and make it impossible for a couple to settle it calmly. In such a case, a family law attorney can act as a mediator, and assist them to approach the issue rationally and within the law. In other words, a competent family law attorney can assist couples in the process of divorcing to settle the matter fairly without necessarily going to court.
• Handling Estates and Wills: A will is a legal document through which people state how they would wish their property to be managed when they die. Family law attorneys are responsible for assisting people in drafting these documents. They also have what it takes to ensure that an estate is administered as stated by a deceased via the will.
• Handling Child Custody Agreements: When a couple separates, one of the most difficult issues to handle has to be what happens to the children. Couples need to agree on how to take care of the children they have had together in the new arrangement. Child custody is defined by an agreement in which both parents have to live with the terms therein. A competent family lawyer can help parents that are parting ways to draft such an agreement. A family law attorney can also help parents in amending child custody agreements if need be.
• Handling Prenuptial Agreements: A prenuptial agreement is a contract signed by a couple prior to a marriage or a civil union. Although the content of such a contract may vary from one case to another, its main aim is to spell out the provisions of spousal support and division of the property in the event of a breakup or a divorce. A family lawyer can assist a couple in drafting a prenuptial agreement and handling any matters that may arise from the contract according to the law.
• Represent Litigants in Court: Although family attorneys can help people to settle family disputes outside court, some of these matters still end up in the courts. In such a case, family lawyers are best suited to help litigants get justice. These attorneys handle such cases almost every other day, and therefore, they have the necessary legal knowledge and practical experience to help litigants to navigate the complex jungles of the family law and ensure that justice is served accordingly.
Free Initial Consultation with Lawyer
It’s not a matter of if, it’s a matter of when. Legal problems come to everyone. Whether it’s your son who gets in a car wreck, your uncle who loses his job and needs to file for bankruptcy, your sister’s brother who’s getting divorced, or a grandparent that passes away without a will -all of us have legal issues and questions that arise. So when you have a law question, call Ascent Law for your free consultation (801) 676-5506. We want to help you!
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West Valley City, Utah
West Valley City, Utah
|City of West Valley City|
“Progress as promised.”
|Coordinates: 40°41′21″N 111°59′38″WCoordinates: 40°41′21″N 111°59′38″W|
|• Mayor||Karen Lang |
|• Total||35.88 sq mi (92.92 km2)|
|• Land||35.83 sq mi (92.79 km2)|
|• Water||0.05 sq mi (0.14 km2)|
||4,304 ft (1,312 m)|
|• Density||3,913.76/sq mi (1,511.11/km2)|
|Time zone||UTC−7 (Mountain (MST))|
|• Summer (DST)||UTC−6 (MDT)|
|Area code(s)||385, 801|
|GNIS feature ID||1437843|
West Valley City is a city in Salt Lake County and a suburb of Salt Lake City in the U.S. state of Utah. The population was 140,230 at the 2020 census, making it the second-largest city in Utah. The city incorporated in 1980 from a large, quickly growing unincorporated area, combining the four communities of Granger, Hunter, Chesterfield, and Redwood. It is home to the Maverik Center and USANA Amphitheatre.