Jospeh Emmons: Temporary Child Custody

As you turn the page of divorce, you will encounter a variety of issues arising to the surface that may interfere with your child custody arrangements. This is why courts sometimes award a temporary physical custody of a child to one parent until things are clear. It all starts with one of the parents filing a petition. A Salt Lake City child custody Lawyer can prove helpful during these troublesome times.

BEST INTEREST OF THE CHILD

It’s all about the children. We want what’s best for them. However, there are a number of factors that will be considered in order to determine what will contribute to the child’s healthy development. The petition will explain the parent’s relationship with the child and the reasons why he or she believes child custody should be awarded to him or her. Some of the most important factors are the child’s continuity of school activities and family involvement. Courts will not remove the child from a stable home except the current circumstances are affecting the child’s health and security. Sometimes a child has a more emotional connection with one of the parents. This factor will also be considered.

FROM TEMPORARY TO PERMANENT

While temporary child custody is a nonpermanent solution, it might become permanent under some circumstances. If the parents can’t agree, then they will have to go to trial where evidence is presented in order to convince the court who should be granted physical custody. If the temporary custody is working out and the child loves the school, activities, friends, and current circumstances in general, the court may not interfere and allow that child to continue in the stable environment. Temporary Custodial parents should take their role seriously as it may become permanent.

SOME CIRCUMSTANCES THAT MAY INTERFERE

There are circumstances when parents awarded temporary child custody may not continue with these responsibilities once the permanent order has been determined. A specific situation is when the custodial parent interferes with the non-custodial visitation rights. Some things such as scheduling activities during the non-custodial parent’s time with the child or making the children unavailable are forbidden by the court. Courts take these circumstances seriously. Children need to spend time with both parents as courts consider it in the best interest of the child.

HOW A SALT LAKE CITY CHILD CUSTODY ATTORNEY CAN HELP

Whether you are the potential custodial or noncustodial parent, it’s important you speak to an attorney regarding your child custody arrangements. A Salt Lake City child custody attorney will help you understand your rights as a parent and help you decide what’s best for the children. The initial hearings are very important as they will help decide the terms. Don’t allow your children to move out before consulting an attorney. Child custody battles can be intense and you need to understand the laws involved. The best way to know what to do is having an attorney on your side.

USING ASSET PROTECTION TRUSTS TO PROTECT FROM DIVORCE

Protecting one’s assets from divorce is an important aspect of preparing for marriage in Hollywood and for an increasing number of couples, even those with modest wealth. Most people are aware of the use of prenuptial agreements for this purpose, but another potential way to protect one’s assets is to place them in an asset protection trust.

Asset protection trusts can be executed overseas or in the United States. In the latter case, they are referred to as domestic asset protection trusts. These trusts work by allowing the creator of the trust to be a discretionary beneficiary so that they still have some access to assets but are not vulnerable to creditors with respect to those assets. Currently, there are 15 states that recognize asset protection trusts. Utah is one of them.

The key to making asset protection trusts useful in the event of divorce is to ensure that the state law under which one forms the trust blocks the trust assets from a spouse. Not all states do that.

One important point to make with respect to asset protection trusts is that one must get the timing right with respect to the transfer of assets. An asset protection trust cannot be formed in anticipation of divorce. Many advisors would say that it is risky to form such a trust after the marriage has begun. Forming such a trust in anticipation of divorce is considered to be fraudulent transfer, which can result in legal penalties.

Those who are seriously considering an asset protection trust to protect themselves in the event of divorce need to work with an experienced attorney and plan things out as far in advance as possible. Doing so will allow one to avoid the accusation of fraudulent transfer and to rest a little bit easier with respect to the assets involved.

Free Consultation with a Child Custody Lawyer

If you have a question about child custody question or if you need help getting parent time with your kids, please call Ascent Law at (801) 676-5506. We will help you.