The custody issue is frequently raised during a divorce, but it could also arise during a paternity proceeding or for unmarried couples who do not share a residence. Regardless of the circumstance, child custody battles can be difficult and perplexing for parents, mainly if they are unfamiliar with the legal jargon. Do contact a sandy child custody attorney. Let us talk about the many kinds of child custody and the terminology used to define it in Utah.
Utah’s laws on child physical custody
The number of overnights children spend with each parent determines who gets physical custody. You can have sole, shared, or joint physical custody. A child with joint physical custody spends a minimum of 111 nights a year at each parent’s house. Practically speaking, joint physical custody works much better when the parents are local to one another, especially when the kids are in school. Some parents even commit to staying in the same neighborhood to lessen the strain of moving houses on their kids. It is possible for both parents to regularly participate in their child’s daily lives when they have joint physical custody.
One parent has sole physical custody if they spend a minimum of 255 nights a year with the child. The term “custodial parent” refers to a spouse who has sole physical custody of their kid, while the term “non-custodial parent” refers to the other parent. It is still possible for a non-custodial parent to spend a lot of time with their child; this is known as “parent time.” There are many reasons why a caring, active parent might want to be a non-custodial parent. If the parents do not live close by, it can make logical sense for the kid to complete the school year with one parent while seeing the other frequently over the summer.
Split physical custody is less frequent than sole or joint physical custody. When every spouse has sole physical custody of one or more kids in a family with numerous children, split physical custody orders may be issued.
Parents can agree on physical custody and parenting time, and they typically do. However, even when both parents concur, the court must determine that a custody arrangement serves the child’s best interest before approving it.
Utah legal custody
Legal custody, or the power to make decisions, can be sole or shared. A “rebuttable presumption” in favor of joint legal guardianship exists in Utah. Unless there is a compelling case for a different arrangement, such as proof of domestic abuse or violence by one parent, Utah courts prefer that both parents actively participate in making important choices for their children.