Child custody is one of the most emotional parts of any divorce or paternity case. In Utah, custody is broken down into two categories: legal custody and physical custody. Understanding the difference is the first step toward protecting your relationship with your child.
Legal Custody
Legal custody dictates which parent has the power to make important decisions on the child's behalf, including decisions regarding medical care, education and religion. More often than not, this comes in some form of joint legal custody, in which both parents have input. Joint legal custody reflects Utah's strong preference for keeping both parents involved in major decisions, unless doing so would not be in the child's best interest.
Physical Custody
Physical custody addresses where the child will sleep. Joint physical custody is an option in which the child spends at least 111 nights a year with each parent. Sole physical custody grants one parent, referred to as the custodial parent, the role of primary caregiver, and it is this parent's home the child will call home.
Sole physical custody does not necessarily mean that only one parent will spend time with the child, although that is a possibility if spending time with the other parent puts the child in danger. More often than not, the noncustodial parent will have visitation, or parenting time, to spend with the child.
Split Custody and the Best-Interest Standard
Split custody may apply in cases involving multiple children. This is when some of the children live with one parent while others live with the other. In every custody decision, the court's guiding standard is the best interest of the child, weighing factors such as each parent's relationship with the child, the child's needs and the stability each home can provide.
Contact our firm to discuss your child custody matter with an experienced Provo attorney.