When navigating a divorce or separation in Utah, one of the most important concepts to understand is the difference between legal custody and physical custody. These two types of custody determine the rights and responsibilities each parent has regarding their child’s upbringing and daily care.
Legal custody
Legal custody refers to the right to make important decisions for your child, including decisions related to education, healthcare, and religion. In Utah, the courts generally favor joint legal custody, which means both parents have an equal say in these key decisions. However, joint legal custody is not always appropriate, especially in cases where parents are unable to cooperate.
If one parent is awarded sole legal custody, they will have the exclusive right to make these decisions, and the other parent may have little to no input. Utah courts typically prefer joint legal custody unless there’s a reason to limit one parent’s decision-making rights, such as a history of domestic abuse or conflict that impairs the ability to co-parent effectively.
Physical custody
Physical custody, on the other hand, determines where the child will live and how time is shared between parents. In Utah, the parent who has primary physical custody is usually the one the child resides with most of the time, while the other parent may have visitation rights. However, physical custody doesn’t always mean that one parent has the child all the time. Many parents share physical custody equally or have an arrangement where the child spends substantial time with both parents.
Utah courts aim to create a parenting plan that serves the best interests of the child, ensuring both parents have meaningful contact and involvement in the child’s life. In some cases, physical custody may be split based on factors such as each parent’s proximity, work schedules, and the child’s needs.
Understanding both custody types
Understanding the difference between legal and physical custody in Utah is essential when creating a parenting plan or negotiating a divorce. Both types of custody have significant implications for your rights and responsibilities as a parent. By clarifying these terms, you can better prepare for the decisions that affect your child’s future.