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Custody Attorney  

Provo and Salt Lake Law Firm

There are commonly two ways a custody issue comes before the court.  The first is where the parties were never married and co parent a child or children.  The second is where a divorce decree has been entered between the parties that have a child or children which a party wants to change.

In the first instance the matters of primary custody need to be determined along with the visitation rights of the other parent.  A restraining order is often entered that neither parent speak derogatorily of the other in front of the child.


Family Law

Children Support

Child support is calculated in the same way is in the divorce with the parties discovering to the other their incomes so that may be entered along with nights the court intends to give each parent and coming up with an amount calculated that the court may order for the other party to receive.

As in divorce, normally the parties equally share medical and dental costs for the child(ren) as well as any day costs to be incurred.

In the second situation where the divorce decree needs to be altered, a change of circumstances is pleaded to show the inequities of the current decree and how it should be changed to accommodate the current needs of the parties.

Both parties will allow discovery of their incomes so that child support may be calculated and primary parentage and visitation of the other parent may be changed by the court.

Any area of the decree may be changed by a petition to modify.

In both of these situations mediation is required before a trial may be scheduled.  Often settlement is reached at mediation and final pleadings entered on a stipulation rather than going to trial.

Trial may be had upon the merits as a final solution if mediation is unsuccessful.