How Our Child Custody Attorneys Help Spanish Fork Parents
What sets our representation apart is the team-based model we bring to every case. Rather than relying on a single attorney, multiple legal minds contribute strategy, review evidence, and anticipate what the other side will argue.
Our custody attorneys work with clients to:
- Build a case strategy grounded in Utah’s best-interest standard
- Gather and organize evidence that supports your position as a parent
- Draft or negotiate a parenting plan that protects your time and decision-making rights
- Anticipate and counter the arguments the other parent’s counsel can raise
- Represent you in contested hearings with full trial preparation behind every filing
- Pursue modification or enforcement of existing custody orders when circumstances change
We’re also selective about the cases we take. That means each client receives the time, attention, and resources their case actually requires, not a rushed consultation and a form filing.
Communication happens on your terms: by text, phone, or email, with regular updates so you’re never left wondering where things stand.
How Custody Is Determined in Utah
Utah custody law is codified at Title 81, Chapter 9 of the Utah Code, effective September 1, 2024, which renumbered the prior family law statutes from Title 30. All custody and parent-time arrangements are governed by the best interests of the minor child under Utah Code Section 81-9-204.
The law recognizes two main components:
- Legal custody – The right and obligation to make decisions about the child’s upbringing, including education, healthcare, and religious training. Legal custody can be sole or joint.
- Physical custody – Where the child lives and the day-to-day care they receive. Physical custody can also be sole or joint. In joint physical custody arrangements, the court may still designate one home as the primary residence.
Under Utah Code Section 81-9-205, there is a rebuttable presumption that joint legal custody is in the best interest of the child. That presumption can be overcome by evidence of domestic violence, neglect, or physical, sexual, or emotional abuse involving the child or a parent; special physical or mental needs of a parent or child making joint legal custody unreasonable; geographic distance making joint decision-making impractical; or other factors the court considers relevant.
Utah courts use the term “parent-time” for what is commonly called visitation: the scheduled parent-time the non-custodial parent spends with the child. Custody orders can be customized to meet the unique needs of each family.
Parenting Plans in Utah: What the Law Requires
Under Utah Code Section 81-9-203, in any proceeding between parents regarding the custody or parent-time of a minor child, each parent must file and serve a proposed parenting plan at the time of filing their original petition, answer, or counterclaim. This is a statutory requirement, not a formality.
A parenting plan must include a dispute-resolution procedure such as mediation, an allocation of decision-making authority, a residential schedule, and provisions addressing relocation. Modern plans often go further, assigning each parent final decision-making authority on different topics to prevent deadlock. For example, one parent holds final say on medical decisions while the other holds final say on education.
A vague or poorly drafted parenting plan is one of the most common sources of post-divorce litigation. Precision at the drafting stage reduces the likelihood of repeated court disputes as your children grow and circumstances change.
How Courts Decide When Parents Can’t Agree
When parents can’t reach an agreement, the court determines custody by a preponderance of the evidence, evaluating what arrangement serves the best interests of the minor child under Utah Code Section 81-9-204.
Key factors the court evaluates include:
- The depth and quality of the bond between the child and each parent
- Each parent’s ability to co-parent and encourage the child’s relationship with the other parent
- The physical and mental health of each parent
- The child’s preference, if the child is of sufficient age and maturity
- Any history of domestic violence, neglect, or substance abuse
- The stability of each parent’s home environment
For joint custody specifically, the court also considers whether the child’s physical, psychological, and emotional needs will benefit from a joint arrangement, and whether the parents can cooperate and make decisions together. The court may not require a minor child to testify unless extenuating circumstances exist and no other reasonable means of presenting the child’s perspective is available.
The court’s ultimate goal is an arrangement that supports the child’s health, safety, and emotional development.
Modifying or Enforcing an Existing Custody Order
An existing custody order isn’t necessarily permanent. To modify a custody or parent-time order in Utah, the petitioning parent must demonstrate a substantial material change in circumstances since the original order was entered, and that the proposed modification is in the best interests of the child. Common grounds include a significant shift in a parent’s work schedule or living situation, evidence of abuse or neglect, or a child’s changed needs as they age.
Relocation is a specific statutory trigger. If a parent plans to move 150 miles or more from the other parent’s residence, Utah law requires advance notice and a court process to address the impact on the parent-time schedule.
When one parent violates a custody order by denying parent-time or failing to follow the parenting plan, enforcement proceedings are available. We handle modification and enforcement matters alongside initial custody disputes, giving clients continuity of representation as their family’s circumstances evolve.
Why Spanish Fork Parents Choose The Schriever Law Firm
The multi-attorney team model is what most distinguishes our custody representation. When you work with us, your case benefits from the combined strategy and analysis of the full legal team, not a single practitioner working in isolation. That matters in contested custody cases: opposing counsel can respond differently when they know the other side has genuinely prepared for court.
Attorney Brian Langford, LPPs Jill Bohn and Jacqueline Deaton brings a strong litigation background and extensive courtroom experience to contested family law matters. That depth of experience shapes the strategic, results-driven approach we build for every client.
Combined with selective case intake, responsive communication by text, phone, or email, and regular status updates, the result is representation built around your case and your family.
Contact us today at to schedule a consultation and take the first step toward a custody arrangement that can work for your family.
