A Brown Family Law divorce attorney in Utah can help you with many of the issues that you will need to deal with during a divorce. These include Legal and Physical custody, Child support, Property division, and even Harassment Restraining Orders.
Legal and physical custody
Whether you are planning a divorce or have already filed for a divorce, you may have questions about the legal and physical custody of a child. A family law attorney can help you. Generally, a court will decide the best custody arrangement for your child. But there are several factors that can affect a judge’s decision.
Physical custody refers to a parent’s right to take care of their child. It can be awarded to a single parent or shared between two parents.
The courts will consider your ability to provide a safe, stable home for your children. They also look at the emotional bonds between you and your child. In addition, they will also consider the neighborhood and quality of health care available.
Some states require judges to presume that joint physical custody is more beneficial than sole custody. However, some states allow a judge to make a decision based on the facts.
If you’re in the middle of a divorce and the children are involved, you may be obligated to pay child support. The court may order you to pay for the children’s college expenses, or other expenses related to their health care. You should consult an attorney before you make a decision.
Child support is usually calculated based on a formula. It is determined by the total income of both parents, as well as the number of children. Some states require that the amount of child support be reduced after a substantial change in circumstances. In addition, add-on expenses, such as childcare, are also taken into account.
A child support calculator can be helpful in estimating the amount of support a judge will order. However, the calculations can be complicated.
In many cases, the most contentious issue in a divorce is property division. While the legal system may get tangled up in the minutiae of splitting the family’s assets, a skilled family law attorney can help you navigate the process.
There are many factors that go into determining what constitutes a fair and equitable property division. This is why hiring an expert can make a divorce go much smoother.
The best way to find out what your fair share of assets are is to get a clear picture of your finances. This can include your recent tax returns. Additionally, if you are a business owner, obtaining a recent profit and loss statement can help you determine what you are worth.
Divorce lawyers and judges are able to get creative with property division. They might assign each spouse a portion of the family’s home, or compensate one spouse for his or her half of the marital estate.
Harassment restraining orders
If you are involved in a divorce and have been threatened with harassment, you may want to consider a restraining order. This will prevent your partner from making any further contact.
The first step to obtaining a restraining order is filing a court petition with your local clerk. This will help you to get a temporary order of protection until your case is settled.
Once the judge finds that there is evidence to support your request, you will have a hearing to present your case. Both parties will testify about the incidents alleged in your petition. In addition, you have the right to cross examine the other party.
You will also have the right to be represented by an attorney during the restraining order hearing. Your attorney can advise you on your options and develop a defense for you.
Adoption vs foster care
Foster care and adoption are important parts of the family law process. There are various reasons why a child may be placed in foster care. Typically, it is done to protect the welfare of the child.
The simplest way to describe foster care is to say it is the temporary placement of children removed from their parents’ homes. A child may be in foster care because of abuse, neglect, or because their parents are unable to provide for them.
In addition to providing a safe and loving home for the child, foster parents have the opportunity to take legal action in order to gain rights and access to the child. They may hire an attorney to represent their case.
Adoption is a large undertaking. Before adopting, a prospective parent must complete several state requirements. As well, the social worker conducting the home study must make an effort to find out if the prospective parent can meet the needs of the child.