Practice Area
Child custody handled with care and precision
Valued. Structured. Deliberate.
When children are involved, the stakes of a legal proceeding could not be higher. Ashley Wood Law, P.C. approaches every custody matter with a steady focus on what matters most, the wellbeing, stability, and future of your children.
What child custody means under Utah law
In Utah, child custody encompasses two distinct but related concepts: legal custody and physical custody. Legal custody refers to the right and responsibility to make decisions about a child’s upbringing, including education, healthcare, and religious instruction. Physical custody refers to where the child primarily resides overnight and the day-to-day care of the child.
Utah courts make all custody determinations based on the best interests of the child. This standard considers a wide range of factors, including each parent’s relationship with the child, the child’s adjustment to home and school, involvement of each parent with the child’s life, and each parent’s willingness to support the child’s relationship with the other parent.
Custody arrangements can be established as part of a divorce, as a standalone proceeding between unmarried parents, or through a modification of an existing order. Whatever the circumstances, Ms. Wood will work to secure an arrangement that reflects your child’s needs and protects your parental rights.
Where possible, Ashley pursues resolution through negotiation or mediation, recognizing that cooperative co-parenting arrangements are generally in a child’s best interest. Where litigation is necessary, she is prepared to advocate fully and effectively on your behalf.
Understanding custodyThe types of custody recognized in Utah
Sole Legal Custody
One parent holds the exclusive right to make major decisions regarding the child’s education, healthcare, and upbringing. The other parent may still have parent-time rights but does not share in decision-making authority.
Joint Legal Custody
Both parents share the right and responsibility to make major decisions about the child’s welfare. Joint legal custody requires a meaningful level of communication and cooperation between parents, and is the more common arrangement in Utah.
Sole Physical Custody
The child lives primarily with one parent, who is responsible for the child’s day-to-day care. The other parent typically receives parent-time (visitation) according to a court-approved schedule.
Joint Physical Custody
The child spends significant time living with both parents. Utah law defines joint physical custody as each parent having the child at least 111 overnights per year. Arrangements vary widely depending on the family’s circumstances and the child’s needs.
The custody process, step by step
Initial Consultation
Ms. Wood consults with you to understand your family’s situation, your goals, and your concerns. She will explain how Utah’s best interests standard applies to your specific circumstances and what outcomes are realistic.
Filing Petition and Parenting Plan
A custody petition is filed with the court, along with a detailed parenting plan outlining custody arrangements, parent-time schedules, holiday and vacation provisions, decision-making protocols, and procedures for resolving future disputes.
Temporary Orders (if necessary)
Temporary orders may be sought to establish custody and parent-time arrangements while the case is pending, providing stability for your child during the process.
Mediation
Utah courts typically require mediation before a custody case proceeds to trial. Ashley will represent your interests in mediation and work toward an agreement that protects your parental rights and your child’s wellbeing.
Trial (if necessary)
If mediation does not result in agreement, the case proceeds to a custody hearing or trial. Ashley will present evidence and advocate for the custody arrangement that best serves your child and reflects your role as a parent.
Final Custody Order
The court enters a final custody order incorporating the parenting plan. Ashley will review every provision with you and advise on your rights and obligations going forward.
What clients ask most
How does a Utah court decide what is in the best interests of the child?
Courts evaluate a range of factors, including the strength of each parent’s relationship with the child, each parent’s ability to provide a stable home environment, the child’s adjustment to school and community, and each parent’s willingness to facilitate a meaningful relationship between the child and the other parent.
Does the child get to decide which parent they live with?
In Utah, a child’s preference may be considered by the court, particularly as the child gets older and can articulate a reasoned preference. However, the court is not bound by the child’s wishes, the best interests standard always governs. Ms. Wood can advise how a child’s preference might factor into your specific case.
What is a Private Guardian ad Litem and when is one appointed?
A Private Guardian ad Litem (PGAL) is an attorney appointed by the court to represent the interests of the child independently of either parent. A PGAL may be appointed in contested custody cases, particularly where there are concerns about the child’s welfare. Ashley has served as a Private Guardian ad Litem and understands this role from both sides of the process.
Can a custody order be changed after it is entered?
Yes. Custody orders can be modified if there has been a substantial and material change in circumstances since the original order was entered, and if modification would serve the best interests of the child. Common triggers include a parent’s relocation, a significant change in a child’s needs, or a change in a parent’s circumstances.
What happens if the other parent does not follow the custody order?
A custody order is a legally binding court order. If the other parent is not complying, whether by denying parent-time, relocating without permission, or otherwise, there are legal remedies available, including filing a motion to enforce. Ashley can advise on the most appropriate course of action in your situation.
How does custody work if we were never married?
Unmarried parents have the same rights and responsibilities with respect to their children as married parents. Custody and parent-time can be established through a paternity action or parentage proceeding. Ashley handles custody matters for both married and unmarried parents.
What is a parenting plan and do I need one?
A parenting plan is a detailed written agreement that outlines how parents will share custody, make decisions, and manage parent-time. Utah courts require a parenting plan in all cases involving joint legal or physical custody. A well-crafted parenting plan reduces conflict and provides clarity for both parents and children.
Can I relocate with my child after a custody order is in place?
Relocating with a child subject to a custody order requires careful attention to Utah law. Generally, a parent wishing to move must provide advance notice to the other parent and, if the move is contested, obtain court approval. Relocation cases can be complex, and Ashley strongly advises seeking legal counsel before any move is made.
Initial consultations are an opportunity to understand your legal position, ask questions, and determine whether Ashley Wood Law, P.C. is the right fit for your matter. There is no obligation to proceed.
Ashley Wood Law, P.C. · Salt Lake City, Utah · 801-459-3499