Child custody battles are often the hardest part of a divorce for both parents and children. Understanding Utah’s custody laws can help parents make informed decisions. Our Bluffdale custody attorneys provide guidance to help parents navigate custody disputes with confidence and clarity.
Key Takeaways:
- Utah courts recognize legal and physical custody, which can be joint or sole. Each arrangement has different implications for parental rights and responsibilities.
- The court prioritizes what arrangement benefits the child most, considering several key factors in making this determination.
- Utah law provides guidelines to ensure children maintain strong relationships with both parents, even when one parent has sole custody.
Divorce is already difficult, but child custody can be the most painful part. The thought of spending less time with your child can feel overwhelming. How do you ensure the best possible outcome for your family?
At Green Legal Group, our experienced Bluffdale custody attorneys understand how emotional and complex these cases can be. Our goal is to help you secure a fair custody arrangement that protects your relationship with your child. If you’re facing a custody dispute, we’re here to help.
Call us today to schedule a free consultation to discuss your situation and learn about ways we can help you in your custody case.
Types of Child Custody in Utah
Utah courts divide custody into two main categories:
- Legal Custody: Parents with legal custody are afforded responsibility for making choices about their child’s schooling, medical treatments, religious upbringing, and other essential aspects of life. Courts can award sole legal custody to one parent or joint legal custody, meaning both parents must work together to make decisions.
- Physical Custody: Establishes where the child will live and how much time they spend with each parent. A parent with sole physical custody provides the child’s primary residence, while the non-custodial parent is typically granted parent-time (visitation). In joint physical custody arrangements, the child spends substantial time with both parents, though it may not necessarily be an equal split.
Custody can be granted in different ways:
- Sole Legal and Sole Physical Custody: One parent has full decision-making authority, and the child primarily resides with them. The other parent may still be entitled to parent-time, but they do not share legal decision-making responsibilities. Courts may award this type of custody in cases where one parent is deemed unfit due to issues such as substance abuse, neglect, or instability.
- Joint Legal and Joint Physical Custody: Parents share decision-making, and the child spends significant time with both. This arrangement works best when parents can cooperate and maintain a civil co-parenting relationship. Joint custody provides children with the benefit of strong relationships with both parents while ensuring that neither parent is left out of crucial decisions regarding their upbringing.
- Joint Legal and Sole Physical Custody: Both parents make decisions, but the child lives primarily with one parent while the other receives parent time. This is a common arrangement when parents can work together in making decisions, but logistical factors—such as distance between homes or work schedules—make equal (or relatively equal) physical custody impractical.
Parent-Time (Visitation) in Utah
Even when one parent has sole physical custody, the other parent is typically granted parent-time to maintain a meaningful relationship with the child. Utah provides standard schedules for parent time, but parents can agree on arrangements if it serves the child’s best interests.
A common schedule for non-custodial parents includes:
- Every other weekend: The child spends alternating weekends with the non-custodial parent, providing uninterrupted time for bonding.
- One midweek evening visit: This visit allows the non-custodial parent to remain involved in the child’s weekly routine.
- Alternating holidays: Parents often alternate major holidays, ensuring that both have opportunities to create lasting memories with the child.
- Extended time during summer breaks: Non-custodial parents are often granted longer visitation periods during school vacations, allowing for extended trips and quality time together.
How Utah Courts Decide Custody
Your case may not have to go to court, if you and your co-parent can work together to find an arrangement. Mediation can help you reach this agreement, or you can negotiate through attorneys. However, if you are not able to make decisions together, you will need to go to court and submit to a judge’s ruling. Our Bluffdale custody attorneys can protect your rights in either case!
Utah courts base custody decisions on the best interests of the child, considering factors such as:
- The child’s relationship with each parent: Courts assess the bond between the child and each parent, considering factors like past caregiving roles and emotional connection.
- Each parent’s ability to care for the child: The court will look at each parent’s living situation, financial stability, and overall ability to provide for the child’s needs.
- The child’s preference: If the child is mature enough to express a preference, the court may take it into account, though it is not the sole deciding factor.
- Each parent’s willingness to encourage a relationship with the other parent: A parent who actively tries to alienate the child from the other parent may be viewed unfavorably by the court.
- Any history of domestic violence or substance abuse: Courts take allegations of abuse, neglect, or addiction very seriously and may limit custody or visitation rights for a parent with a troubling history.
How Our Bluffdale Custody Attorneys Can Help
At Green Legal Group, we help parents navigate custody issues with clarity and confidence. Whether you are negotiating an original custody agreement, seeking a revision (modification), or dealing with enforcement concerns, we are dedicated to protecting your parental rights and safeguarding your child’s well-being.
Child custody disputes can be stressful, but you don’t have to face them alone. Our knowledgeable Bluffdale custody attorneys will help you understand your rights, work toward a fair custody agreement, and advocate for your child’s best interests, in or out of court. Contact Green Legal Group today to schedule a free consultation and get the guidance you need to protect your time with your child.
