Child Custody Lawyer
Divorce and separation can be incredibly difficult, especially when children are involved. Our child custody lawyers can help you reach a custody arrangement that serves the best interests of your children.
Let our attorneys at Froerer & Miles in Ogden, UT, advocate for the arrangement your children need.
Why You Need an Attorney
"Our family law attorneys, Robert L. Froerer and Bryce M. Froerer, can provide the perspective and legal services you need to minimize your divorce’s effect on your children."
Family law is complicated. The surest way to achieve an outcome that serves your children's best interests is to enlist the help of a lawyer who understands how to navigate these laws. Having our law firm on your side throughout this process can be especially beneficial if:
- Your ex is moving or has already moved
- You or your children have been abused by your ex
- You have past convictions, a record of arrests, or a history of drug or alcohol abuse
The 4 Types of Child Custody in Utah
There are four primary types of child custody in the state of Utah. They involve physical custody (the parent with whom the child will live) and legal custody (a parent's right to make major educational, medical, religious, or cultural decisions for their child).
Sole Legal/Physical Custody
Custody is granted to one parent who has control over decision-making for their child. In most cases, the child lives with the custodial parent, but the other parent may be granted visitation time.
Joint Legal/Physical Custody
Both parents can make decisions regarding their child, and the child will often live with both parents for varying durations throughout the year.
Joint Legal/Sole Physical Custody
Both parents can make decisions regarding their child, but the child will live with one parent full-time and have visitation time with the other parent.
Split Custody
Parents may be granted sole legal and physical custody of different children and have complete control over the decision-making for the children in their care.
These child custody arrangements can be modified to serve the interests of the child and the family as a whole.
How Is Child Custody Determined in Utah?
In the state of Utah, child custody can be determined by the parents of the child or by a judge in Utah family court. Regardless of which path is taken, the court must determine that this custody order serves the child's best interests and addresses both physical and legal custody. A Utah judge will make sure your child custody agreement serves the interests of the child by considering factors such as:
- The age, developmental needs, and in some cases, preferences of the child
- The child's relationship with each parent
- Each parent's physical and mental health
- Each parent’s ability to promote a positive relationship between the child and the other parent
- The distance between the parents’ homes
- Previous incidents of domestic violence or child abuse
Our Ogden attorney's office serving Layton and beyond can advocate for your children's best interests.
Filing a Parenting Plan
If the parents of the child agree to any type of joint legal or joint physical custody, they must also file a parenting plan. This plan aims to:
- Outline how the parents will raise their child
- Encourage parents to think about how they will resolve conflict in advance
- Foster predictability and stability for the child
- Mitigate stress and anxiety for the child
You can write up your own parenting plan or work with one of our attorneys serving Ogden, Layton, and beyond. We're here to guide you through every step of the process and answer any questions you have along the way.
Request a Free Consultation at Our Ogden, UT, Office
Robert L. Froerer and Bryce M. Froerer are family law attorneys who can provide the perspective and legal services you need to minimize the effects of your divorce or separation on your children. We are dedicated to helping you create a secure future for them in a stable environment.
Let our family law attorneys protect the well-being of your children. We invite you to book a time to discuss your custody arrangement needs with our lawyers by filling out our contact form or by calling our Ogden, UT, law office:
(801) 621-2690
Our attorneys are prepared to give your case the close individual attention it needs, and the compassionate legal guidance you deserve.
Why Ogden Chooses Us “Knowledgeable and professional.”
Jessica Hachmeister
Ogden, UT
2024
If I could give 1 million stars I would. Bob Froerer was very thorough, and understanding of my situation. If you need anything from him he will go out of his way to get the job done! He is very knowledgeable and professional. It was a pleasure working with him. Start to finish he kept me in the loop.
View on GoogleSusan Schreiner
Ogden, UT
2024
We have been very pleased with the work Froerer and Miles has done for us and for friends of ours. They are knowledgeable, clear and upfront with pricing, and not pretentious. Highly recommend.
View on GoogleUnderstanding Mediation in Child Custody and Divorce Proceedings
Not all child custody cases and divorces have to be contentious battles that are settled in court. Ongoing litigation can affect your ability to co-parent and negatively impact your relationship with your children. To keep things from becoming contentious, our child custody lawyers in Ogden recommend alternative dispute resolution methods like mediation.
Mediation allows parents to work with a neutral third party who guides discussions, keeps hard feelings to a minimum, and helps preserve a healthy relationship between both parties. This method can save both parties time, money, and stress while allowing everyone to get as close to what they want as possible in child custody cases and divorce proceedings.
While a mediator won't decide your case, they can help you communicate effectively and ensure your needs are met.
Related Family Law Services
Our child custody lawyers serving Ogden, Layton, and clients throughout Northern Utah offer a variety of services so you can protect your children's interests. In addition to helping you negotiate custody with the other parent of your child, our attorneys can help you with other family law matters, such as:
Visitation and Parenting Time
Your custody order must include a visitation schedule that specifies weekly, monthly, holiday, and summer visits because, in most cases, both parents are entitled to spending time with their child. Our child custody attorneys can help determine schedules for visitation and parenting time, so your child can maintain a healthy relationship with both of their parents.
Child Support
Our lawyers can help determine how much you can expect to pay or receive in child support. Though Utah has Uniform Child Support Guidelines to calculate child support payments, our attorneys can help ensure that everything is calculated correctly. We can represent you if you're seeking support, providing support, or pursuing a modification.
Post-Divorce Modifications
Some situations may arise in which you or your former partner may want to obtain post-divorce modifications to custody agreements, visitation, or child support payments. Our lawyers can help you seek or prevent modifications to achieve the results that will benefit your children.
FAQ About Child Custody
How is child custody different if the other parent and I are not married?
In Utah, mothers have a natural right to custody of their biological children, while fathers must establish paternity to be legally acknowledged as the child's parent. Our Ogden lawyers can help you establish paternity.
At what age can a child refuse to see a parent?
If your child doesn't want to see their other parent, you may not refuse visitation or parenting time without causing legal trouble. The court will usually not consider a child's preference until they are 14, but they can make their preferences known then. A judge may place more weight on a child's preferences if they are 16 or older. However, a child's age is not the only factor they will use to determine custody.
How are child custody and child support related?
Typically, the parent who has less physical custody of the child pays child support to the parent who has more physical custody. These child support payments go toward necessities like food, clothes, medical care, and education.
What if my ex has fallen behind on child support payments?
If your ex has fallen behind on their payments, they can set up a payment agreement through the Office of Recovery Services (ORS). If they're refusing to pay, the ORS can use enforcement tools to collect past-due child support, like intercepting tax refunds, unemployment benefits, or workers' compensation payments. They can also revoke passports and suspend licenses.
It's important to keep in mind that even if your ex has fallen behind on their payments, you may not withhold parenting time or visitation.
“Excellent support and guidance.” More 5-Star Reviews for Our Law Firm
jay garrett
Ogden, UT
2024
Zane and his staff have always been in my corner and have fought for me as well as giving sound legal advice. I highly recommend Froerer and Miles
View on GoogleBrodie Woolworth
Ogden, UT
2023
Excellent support and guidance. Professional and understanding. Matt, Logan and all supporting staff well done..
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