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Key Takeaways:
- Utah courts focus on what is best for the child when deciding custody arrangements.
- Legal and physical custody can be awarded jointly or solely, each with different implications.
- The courts aim to foster healthy relationships with both parents, even in sole custody cases.
Understanding Custody in Utah
When it comes to custody in Utah, the court divides the responsibility into two main types: legal custody and physical custody. Here’s how they differ and what they mean for you as a parent: Legal Custody: This type of custody grants one or both parents the ability to make significant decisions about the child’s education, healthcare, religion, and more. The court may award:- Sole Legal Custody: One parent has the exclusive right to make these important decisions.
- Joint Legal Custody: Both parents share this responsibility and must cooperate in decision-making.
- Sole Physical Custody: The child primarily resides with one parent, while the other parent may receive visitation.
- Joint Physical Custody: The child splits their time between both parents, typically in a way that allows them to maintain strong relationships with each parent.
Types of Custody Arrangements
In some cases, the court may award a combination of legal and physical custody types, depending on what will serve the best interests of the child. Here’s a breakdown:- Sole Legal and Sole Physical Custody In rare cases, one parent will have both legal and physical custody. The other parent may receive visitation, but they will not have decision-making rights for the child. This arrangement may be used when one parent is declared unfit due to issues like abuse or neglect.
- Joint Legal and Joint Physical Custody In this arrangement, both parents share decision-making and physical custody. This option is ideal when both parents can work together and make decisions in the best interest of the child.
- Joint Legal and Sole Physical Custody Here, both parents share decision-making responsibility, but the child primarily lives with one parent. This arrangement is often used when parents can cooperate on important decisions but logistical or other factors make equal physical custody difficult.
Parent-Time (Visitation) in Utah
Even in situations where one parent is awarded sole physical custody, Utah law recognizes the importance of maintaining a relationship with both parents. The non-custodial parent typically receives “parent-time,” or visitation, to keep their bond with the child strong. Common visitation schedules may include:- Every other weekend: The non-custodial parent spends alternating weekends with the child.
- Midweek evening visits: This helps the non-custodial parent stay involved in the child’s day-to-day life.
- Holidays: Parents often alternate major holidays to ensure that both can create lasting memories with the child.
- Summer vacation: Extended visitation during school breaks allows for longer trips and quality bonding time.
How the Court Makes Custody Decisions
The ultimate goal of Utah courts in a custody case is to determine what is best for the child. If parents cannot reach an agreement, a judge will make the final decision based on several factors, including:- Relationship with each parent: Courts consider the bond between the child and each parent, including who has been the primary caregiver.
- Parental ability: The court examines each parent’s ability to provide for the child, including financial stability, living situation, and overall care.
- The child’s preferences: Depending on their age and maturity, the court may consider the child’s opinion on where they would prefer to live.
- Willingness to encourage a relationship: Parents who are actively supportive of the other parent’s relationship with the child are favored by the court.
- History of abuse or neglect: Any history of domestic violence, substance abuse, or neglect is taken very seriously and can impact custody decisions.
How Our Herriman Custody Attorneys Can Assist You
Custody disputes are stressful, but you don’t have to handle them alone. At Green Legal Group, our Herriman custody attorneys are here to guide you through each step of the process, whether you’re negotiating a custody agreement or dealing with enforcement issues. Our team is committed to helping you secure a custody arrangement that reflects your child’s best interests and protects your rights as a parent. Contact us today for a free consultation and let us help you understand your legal options. Together, we can find a solution that works for your family.