If both parents refuse custody of a child after divorce or separation, what happens to the child?

The law states that if both parents refuse custody of a child after divorce or separation, the court will make decisions about custody and visitation according to the best interest of the child. In order for this to happen, there must be a joint petition for custody filed with the court by both parents. If there is an existing custody order that is not being followed, either parent can file a petition for modification with the court and request a hearing on their petition. The court will then decide whether it's in the child's best interest to change custody.


If you need legal help with child custody and divorce case, please call the family attorneys at Ascent Law LLC at (801) 676-5506. They will help you.

If both parents refuse to take custody of their child after separation or divorce, the court will appoint a guardian to take custody of the child. The guardian may be the parent's family member, such as a grandparent, or it could be someone else, such as a close friend or a social worker. A relative guardian is often preferred because they are already part of the family and know the child well. If there is no suitable relative available, a court will appoint another person whom it feels will provide adequate care to the child.

A judge will consider several factors before appointing a guardian:

-          The wishes of both parents


-          The best interest of the child

 

-          The relationship that each parent has with the child

 

-          The ability and willingness of each parent to provide for the physical and emotional needs of the child


Ascent Law LLC

8833 S Redwood Rd Ste C

West Jordan UT 84088

(801) 676-5506

https://www.ascentlawfirm.com/family-attorneys/ 


Comments

Post a Comment

Popular posts from this blog

What will I lose if I file for bankruptcy?

Image
This depends on several things. First, what state do you live in - the state exemptions will allow you to keep certain property. Each state’s laws are different. Second, the chapter of bankruptcy that you file. Typically, in chapter 13, you keep most (if not all of your property) because it is more of a reorganization than it is a liquidation. If you are filing a chapter 7 bankruptcy, you should really speak with a lawyer because you can lose things if you don’t do the paperwork right. Just because the law allows you to keep something under an exemption law, if you don’t put the law in your paperwork, you don’t get it. You might think that the only thing you lose when you file for bankruptcy is a bunch of money (and some of your things, if you can't keep them after the bankruptcy). But what you lose is really a lot more than that. It's very important to think about what you'll be giving up before choosing whether or not to hire a bankruptcy attorney in your area. If ...
Read more

Why should I have to pay my wife alimony when she is able to work?

Image
Alimony is a payment that one spouse will make to the other after they separate or divorce. You are not required to pay alimony if you don't want to, and if you're the one who asks for alimony, you'll have a hard time getting it. But if your spouse is able to earn money, and you aren't, you could be forced to pay the alimony.   My wife and I have been married for the past 7 years. We have 3 kids. In any other case, she would be entitled to 60% of the marital assets.   However, she is a stay-at-home mother who does not work. I am employed full-time as a manager at a local bank.   I do not make enough money to support our family on my own, so I want her to contribute as well. She is against this idea, and I don't understand why.   Is there anything that can be done?   When you get married, you make a commitment to support each other. You mutually agree on your goals and economic situation, then build a life together and solidify that agreement by creating a legal ...
Read more

How do you change the executor of a will?

Image
Changing the executor of a will is an important decision that requires the specific attention of an estate planning attorney. If you're looking to change your will and add a new executor, you should consult with an attorney for help. The first step is to decide who you want to appoint as your new executor. Your choice must be reviewed by your attorney to ensure that person is legally able to fulfill the duties of the position , including knowing what documents are needed from them and how they need to be filed. The next step is telling your current executor. This person can be informed in person, over the phone, or via a letter that includes their current contact information so they can get in touch with the proper offices if anything needs updating. You'll also need to update any health care proxies or powers of attorney. Your next step after this is to call your estate planning attorney. Parklin Law LLC 5772 West 8030 South, Unit N206 West Jordan, UT 84081 (801) 61...
Read more