Utah Child Custody Laws Explained
Divorce can be hard everyone in the family, especially the children. If you need help in your divorce and child custody call a Provo Lawyer.
Joint custody laws for children in Utah depend on the situation. The law strives to do what is in the best interest of the child. There are currently different types of custody arrangements for divorced couples. Both physical and legal custody is addressed in the laws.
Physical custody is where the child or children spend the night. This is the parent who has physical custody of the child. If the child spends all day with the mother but sleeps every night at the father’s home, the father is the one that has physical custody. Legal custody of the child means that the person has the power to make decisions for the child regarding education, religion, medical treatment and leisure activities.
There are two type of custody both legal and physical. Whether parents seek sole custody or joint both should have a physical and legal custody designation. In sole legal custody one parent must provide the other parent with information regarding the children’s health, education, welfare, and schooling. They have the legal right to make decisions for the child but the other parent called the non-custodial parent must be informed.
With sole physical custody the children stay with the parent at least 255 days of the year. The non-custodial parent has visitation rights once a week, every other weekend, two holidays a year, and 86 overnight visits. This often is arranged when one parent is more financially stable or children prefer one over the other.
Joint legal and physical custody is when both parents have custody. In Utah it must be accompanies by a parent plan. This plan must state that each parent will make decisions or one will make physical decision and the other legal. If the plan is not detailed enough the judge will award the parent whom the children spend the most time with custody.
Joint physical custody awards each parent about 111 days with the children. Often parents that apply for joint legal and physical custody will get both. Split physical custody is often used when the parents have more than one child. The court decides the best parent that each child should live with.
Custody is a complex issue and often must be decided differently in each case. Factors like relocation, remarriage, and even grandparent’s rights often go into the decision. Each case must be decided individually.
If you are facing a custody hearing, contact the experienced Provo divorce attorneys at Howard Lewis & Petersen, P.C. today! We can help you fight for your custody rights! Call our office at 801-373-6345 to schedule an appointment today.
