Family Law Section
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Family Law Section |
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Custody |
| One of the most difficult
issues that a court will have to address in any divorce is which parent
should have physical custody of the children. There are three types of custody
in Utah. Sole custody means that one parent has the physical
custody of the child and the other has parent-time. Split custody
means that one parent has physical custody of one or more of the children
and the other parent has physical custody of the rest. Joint custody
means that both parents share physical custody. Joint custody can be established
many ways. Some parents trade each week, some trade during a year.
In Utah, before parents will be granted an order of joint custody, they must develop a parenting plan. For further information you may want to look at the following sites:
Frequently Asked Questions1. Who makes decisions on child custody in a divorce? The judge has the final say regarding all of the terms in the divorce, including custody. The judge will use a number of methods to try to determine what would be in the best interests of the child. A home-study may be ordered so that each parent’s home circumstances will be evaluated by an expert. The judge will listen to both parties. Frequently, the judge will also speak with the child. For further information you may want to look at the information on the court’s site. 2. In a divorce, is custody of children always granted to the mother? No. There is no presumption that a parent should be given preference because of gender. 3. What is joint custody? Who decides the amount of time the child is with each parent? There are two types of joint custody. Joint legal custody allows the
parents to share in the decision-making for a child but may grant physical
custody to one parent. Joint physical custody is shared physical parenting.
In order to have a joint physical custody order, the parents are required
to develop a parenting plan. |
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