Contested Child Custody
Representation when parents disagree about where children should live, who should make major decisions, or how parenting responsibilities should be divided.
Legal Solutions so you can Rest and Relax
Utah Child Custody & Parent-Time
Utah Child Custody Attorney: Protecting Your Parental Rights
Your relationship with your children is too important to leave to chance. An experienced Utah child custody attorney can help you understand your rights, navigate difficult parenting disputes, and pursue custody arrangements that protect your children’s best interests.
Rogers & Russell, PLLC represents parents in contested custody cases, parent-time disputes, parenting plans, relocations, modifications, and enforcement proceedings.
From our Pleasant Grove office, we help Utah families resolve custody disputes through negotiation and litigation when necessary.
Facing a Custody Dispute?
Whether you’re establishing custody for the first time or dealing with an existing court order, our attorneys can help evaluate your options.
801-899-6064- Contested child custody
- Joint and sole custody
- Parent-time schedules
- Custody modifications
- Relocation disputes
- Enforcement of court orders
- Parenting plans
- Custody issues during divorce
Representation is subject to acceptance by the firm. Contacting us does not establish an attorney-client relationship.
Child Custody Representation Focused on Your Family’s Future
Custody disputes affect much more than where a child spends the night. They can influence education, healthcare, holiday traditions, daily routines, and the relationship between a parent and child for years to come.
At Rogers & Russell, we help parents evaluate their legal positions, prepare evidence, develop workable parenting arrangements, and respond to contested claims.
Some custody disputes arise during divorce. Others involve parents who were never married, disagreements after a decree has been entered, or changes in family circumstances.
Our objective is to pursue appropriate custody outcomes while helping clients understand the practical and financial consequences of their decisions.
If your custody issues are part of a divorce, visit our Utah Divorce Attorney page for additional information.
Utah Child Custody Matters We Handle
Our family law attorneys assist with a range of custody and parent-time disputes.
Joint and Sole Custody
Evaluating proposed joint or sole legal and physical custody arrangements under Utah’s best-interest standards.
Parent-Time and Visitation
Developing and disputing schedules involving weekdays, weekends, school breaks, holidays, transportation, and special occasions.
Custody Modifications
Addressing requests to change existing custody arrangements when circumstances materially change and modification is legally appropriate.
Relocation Disputes
Evaluating legal issues when a parent proposes moving a significant distance and the move may affect existing custody or parent-time arrangements.
Enforcement Proceedings
Pursuing or defending enforcement requests involving missed parent-time, disputed exchanges, or alleged violations of custody orders.
Temporary Custody Orders
Seeking or responding to temporary orders addressing parenting arrangements while litigation is pending.
Parenting Plans
Drafting and reviewing detailed parenting plans addressing decision-making, communication, schedules, dispute resolution, and child-related expenses.
Custody and Divorce
Coordinating custody and parent-time issues with child support, alimony, property division, and other divorce matters.
How Utah Courts Decide Child Custody
Under Utah Code Section 81-9-204, courts deciding custody and parent-time disputes between parents must consider the best interests of the child.
The inquiry is fact-specific. Courts consider relevant circumstances affecting the child’s welfare, relationships, safety, and developmental needs.
Factors may include:
Parenting and Caregiving
Each parent’s ability to meet the child’s physical, emotional, medical, educational, and developmental needs.
Stability and Relationships
The child’s bonds with each parent, established caregiving arrangements, siblings, and other important family relationships.
Safety and Cooperation
Relevant evidence concerning abuse, domestic violence, safety, parenting ability, and appropriate cooperation between parents.
Does a child get to choose
which parent to live with?
Not automatically. Utah law permits courts to consider a child’s expressed wishes and concerns. The wishes of a child age 14 or older receive added weight, but they do not control the custody decision.
Read Utah Code Section 81-9-204 or the Utah State Courts’ Child Custody and Parent-Time Guide .
Legal Custody vs. Physical Custody
Understanding the distinction between legal and physical custody is essential when evaluating a proposed parenting arrangement.
Legal Custody
Legal custody concerns authority to make important decisions affecting a child, such as education, medical care, and other major matters.
Utah recognizes both joint and sole legal custody.
Physical Custody
Physical custody concerns the child’s living arrangements and the allocation of residential time between parents.
Joint physical custody generally involves at least 111 overnights annually with each parent.
What Makes a Good Parenting Plan?
A well-drafted parenting plan should address more than a basic weekly schedule.
- Regular parent-time
- Holidays and school breaks
- Exchanges and transportation
- Education decisions
- Medical decisions
- Communication between parents
- Extracurricular activities
- Vacations and travel
- Dispute-resolution procedures
- Child-related expenses
Clear provisions can reduce future disagreements and make an order easier to administer.
Utah Parent-Time and Visitation Schedules
Utah law provides statutory parent-time schedules, but those schedules do not automatically resolve every family’s circumstances.
Depending on the child’s age and the case’s facts, parents may consider statutory minimum schedules, expanded or equal parent-time, or other arrangements consistent with the child’s best interests.
Important questions may include school transportation, distance between residences, work schedules, extracurricular activities, a child’s developmental needs, and the ability of the parents to cooperate.
Our attorneys help parents evaluate appropriate schedules, negotiate terms, and present disputed issues to the court when necessary.
Parent-time and child support
are separate obligations.
A parent generally cannot withhold court-ordered parent-time simply because the other parent is behind on child support. Likewise, an obligation to pay support does not disappear because parent-time is being denied.
Changing an Existing Custody Order
A custody arrangement that worked several years ago may no longer fit the needs of a growing child or family.
A substantial material change in circumstances may support seeking modification of an existing custody order when the requested change also serves the child’s best interests.
Relevant circumstances may involve changes in parenting arrangements, safety concerns, relocation, or other significant developments.
We help clients evaluate whether they have grounds to request modification or defend an existing order.
Relocation and Custody Disputes
A parent’s decision to move can have a substantial effect on parenting schedules, transportation, school attendance, and a child’s established routines.
Utah has specific procedures addressing relocation, including moves of 150 miles or more from the other parent’s residence in applicable cases.
Existing court orders may also contain relocation provisions.
Before making plans or responding to a proposed move, parents should review the governing order and applicable law.
Negotiation, Mediation, and Custody Litigation
Not every custody dispute needs to become a prolonged courtroom battle. But meaningful negotiations require understanding the legal standards and available evidence.
Evaluate Your Situation
Review current orders, parenting history, communications, relevant evidence, and the legal issues affecting your case.
Explore Resolution
Consider negotiated parenting plans, mediation, and practical solutions when appropriate and safe.
Prepare for Court
When significant disputes remain, develop an evidence-based approach to hearings, motions, and trial preparation.
Our firm combines family-law representation with broader civil litigation experience. We help clients weigh potential outcomes, litigation expense, and the long-term impact of proposed arrangements.
Protect Your Relationship With Your Children
Custody disputes can be difficult and time-sensitive. Speak with Rogers & Russell about your circumstances, your rights, and your available legal options.
Utah Child Custody Attorney FAQs
How does a judge decide child custody in Utah?
Utah courts decide custody based on the child’s best interests under Utah Code Section 81-9-204. Relevant factors include parental ability, stability, relationships, developmental needs, safety, and other circumstances.
Does Utah favor mothers or fathers in custody cases?
Utah law does not allow a custody preference based solely on a parent’s gender. Courts must apply the governing legal standards to the evidence.
Can a 14-year-old choose which parent to live with?
No. The wishes of a child age 14 or older receive additional weight, but the child’s preference does not control the court’s decision.
What is the difference between joint legal and joint physical custody?
Joint legal custody generally involves shared authority over important decisions. Joint physical custody concerns residential time and generally involves at least 111 overnights per year with each parent.
Can I modify an existing Utah custody order?
Potentially. A custody modification generally requires an appropriate showing of substantially changed circumstances and that the proposed modification serves the child’s best interests.
What happens when one parent refuses court-ordered parent-time?
The affected parent may seek enforcement through the court. Available remedies depend on the facts and the existing order.
Can I move out of Utah with my child?
Relocation can raise important notice, custody, and parent-time issues. Review the existing custody order and applicable Utah law before relocating.
Do I need a custody attorney if we were never married?
Unmarried parents can face many of the same custody and parent-time issues as divorced parents. Legal representation can help establish, modify, or enforce appropriate orders.
Does Rogers & Russell also handle divorce cases?
Yes. Our firm handles divorce and related financial and parenting issues. Visit our Utah divorce page for more information.
Where does Rogers & Russell handle child custody cases?
Rogers & Russell is located in Pleasant Grove, Utah, and serves clients throughout Utah County and other Utah communities, subject to case acceptance.
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Rogers & Russell, PLLC helps parents navigate custody and parent-time disputes with an emphasis on preparation, clear communication, and practical legal solutions.
From Pleasant Grove, our firm serves clients in American Fork, Lehi, Lindon, Orem, Provo, Alpine, Cedar Hills, and surrounding Utah communities.
Contact our office to discuss your custody matter and next steps.
Expect Excellence.
Rogers & Russell, PLLC
Pleasant Grove Office
170 S. Main St.
Pleasant Grove, UT 84062
Phone
801-899-6064
This page provides general information about Utah law, not individual legal advice. Contacting the firm does not establish an attorney-client relationship.