Utah state law believes that following a divorce; both parents should each have an opportunity to continue having a meaningful role in the children’s life. During the court proceedings, the judge takes everything into account and tries their best to produce the best possible outcome that is in the best interest of the child. However, complications do arise, modifications need to be made, and various enforcements are to be had with the custody agreement made by the state. When situations like these come to light, court orders are produced.
Enforcing a custody or parent time order
It is incredibly frustrating, but even if one party is not paying child support, neither party is legally allowed to withhold parent time from the other. However, even if parent time is being denied, the party still must pay the child support payments. When one or both parties are not obeying the court order, then the state of Utah can file a motion asking the court to enforce this order. This type of situation can really land you in hot water with fines for withheld parent time, or even time served in jail.
Modifying a custody order
In the event of a situation in which one of the parties can no longer properly watch after or care for the children, or if one of the parties moves to another state; a modification of the custody order can be made. Again, the best interest of the child will always be kept in mind when one of the parties files for a modification. This is a subject that can be handled in court, but it is preferably held in a meditation proceeding.
Contempt Proceedings
When a parent has the ability to pay the obligation of child support, but intentionally refuses to do so; contempt proceedings can be used as a tool to enforce non-payment. If the parent agrees to meet certain conditions, then they can avoid the fines and jail times, as long as they satisfy all the required criteria.
These are only a few of possible court orders that can arise out of a conflict with custody and parent time between the two parties. Whenever possible, it is always preferred to settle all custody agreement and conflicts in an out-of-court settlement, typically in mediation. As always, make sure you are protected, that you know your rights, and that you have a professional attorney on your side with extensive experience.
To learn more about child custody law in Utah, visit UtahDivorce.Biz
