Visitation Rights of Children in Utah
Visitation schedules must be included with all divorce paperwork for people filing for divorce and visitation in Utah. This must include where the children will be during the week and/or weekend; if the weekend is alternating, the schedule must also what happens during holidays or special events. The state of Utah has step by step instructions to help you complete the visitation schedule and include with your divorce paperwork.
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Custody Agreement
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Visitation falls under the category of family law, and anything that is decided upon and approved by the judge is final and must be abided by both parties. Before you can decide on a visitation schedule, you must decide on a custody agreement.
The definition for the state of Utah for sole custody is one of the parents will have physical custody of the kids while the other parent will have visitation rights. This doesn't mean the kids can't ever stay with the parent who doesn't have physical custody, but the sole custody represents their main living arrangement.
The state of Utah's definition for joint custody is the parents will usually divide up the time evenly. This doesn't mean that the days are cut in half, but it can vary depending on the couple and the situation. This means that the children will spend at least 111 nights a year in the home of each parent. You will need to look at your children's needs and see what works best for them and yourself.
Utah Child Custody Laws
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The state of Utah always considers what is in the best interest of the child when it determines the custody arrangement. It will look at both parents relationships with the child, past conduct and moral values, and which parent is more likely to encourage frequent visits with the other party. A court in Utah will always consider joint custody, unless there are other factors that prevent joint custody. These include how close and where each parent lives, a parent's ability to put the children first, how involved both parents have been in the raising of the children, a parent's ability to avoid conflict and putting the children in tough situations, how well the parents get along and corporate with each other and the child's wishes. If there is any history of abuse or kidnapping, that will also have an impact on the court's decisions.
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Jurisdiction
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Jurisdiction is determined by which state in which you you originally filed the divorce and/or custody agreement. If you are wishing to file a modification to the original custody agreement, make sure that Utah has the jurisdiction to hear the case. If it meets the requirements for jurisdiction, even though filed in another state, and a foreign order has been filed, then the court in Utah can modify the agreements.
Educational
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The state of Utah offers a program that helps parents resolve visitation problems without the intervention of the court. The program uses mediation as a form of deciding visitation schedules. Both parties will look at both side's wants and needs in making decisions together. Besides the Co-Parenting Mediation Program, the state of Utah also requires that both parties attend an educational class that discusses the issues of parenting, divorce and visitation. In most cases, this class must be attended before the divorce can be finalized.
Enforcement
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Whether through a mediation program or by working the visitation schedule out by themselves, once it has been approved by a judge, the schedule becomes a legal document. Both parents must legally abide by the court approved schedule. If by chance the parents were not able to work together to figure out a visitation schedule, a judge will decide the final schedule. He will ask for input from both sides, and then put the two together.
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References
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