Draper
Child Custody Attorney

Types of Child Custody in Utah

The state identifies custody as having two components: physical, and legal. To have physical custody, your child(ren) resides with you, is cared for by you, and a recognized by Utah courts as to your responsibility. Legal custody simply means one or both parents can make vital choices that benefit the child, such as health care or schooling.

One or both parents can have both physical and legal custody. However, to understand options that courts contend are relevant in certain situations, here are possible types of custody that I, an expert Draper child custody attorney, can help litigate for:

• Sole legal and physical: You’re entitled to make all decisions and have possession of your child. The other parent may or may not be entitled to visitation, depending on extenuating circumstances.
• Split custody: Parents are given equal physical custody, although the noncustodial parent may need to file a separate action to get split legal custody.
• Joint legal but sole physical: Both parents can make life-changing decisions for the child, but only one parent is awarded physical custody.
• Joint legal and physical: As it implies, both parents are awarded equal legal and physical responsibilities.

During a custody dispute, courts will take into account:

• How both parents conduct themselves morally, and financially.
• The parent is seen as best positioned to champion a child’s well-being.
• The parent who’ll allow contact with the other parent without being compelled.
• The substance of each parent’s relationship with the child(ren) in question. Amount of time spent, how often time is spent, child’s demeanor when with one or the other.

The laws in Utah favor children. They’re not partial to women or men, who’s richer or has the nicest house. Families are important, and when the family unit is broken, courts will use every piece of information provided by both parents, and information from other agencies, to determine which household would position the child(ren) best for success in school, social life, and health.