Going through a divorce can be tough on everyone involved, especially minor children. One of the biggest issues to resolve is custody. In Utah, the courts require that divorcing parents come up with a Parenting Plan that outlines how they will share custody of their children.
Understanding Custody Options
Before creating a Parenting Plan, it’s important to understand the custody options available in Utah. There are two types of custody:
Legal Custody
Legal custody refers to who has the authority to make important decisions regarding the child’s welfare, including education, healthcare, and religious practices.
Physical Custody
Physical custody refers to where the child will live and who will be responsible for their daily care.
Both legal and physical custody can be shared between the parents, or one parent can have sole custody.
Creating a Parenting Plan
In Utah, parents are encouraged to work together to create a Parenting Plan. This plan should be detailed and cover all aspects of the child’s life, including:
- A schedule for when the child will be with each parent
- Decision-making responsibilities for each parent
- How parents will communicate with each other and the child
- Transportation arrangements for the child
- How holidays and vacations will be shared
It’s important to keep in mind that the court will ultimately decide if the Parenting Plan is in the best interest of the child.
Considerations for Joint Custody
Utah state law favors joint custody, where both parents share legal and physical custody. When considering joint custody, it’s important to keep the following in mind:
- Both parents must be willing to cooperate and communicate effectively
- Both parents must live in close proximity to each other to make joint custody feasible
- Joint custody can be emotionally difficult for children if parents cannot get along
Child Custody Mediation
If parents cannot agree on a Parenting Plan, they may be required to attend mediation. A mediator will work with both parents to try to reach an agreement that is in the best interest of the child. If mediation is unsuccessful, the court may appoint a Guardian Ad Litem, who will conduct an investigation and make a recommendation to the court.
Conclusion
Child custody is a sensitive issue that requires thoughtful consideration and planning. If you are going through a divorce in Utah, it’s important to familiarize yourself with the custody options and work with your soon-to-be ex-spouse to create a Parenting Plan that is in the best interest of your children. If you need help navigating the process, consider consulting with a family law attorney who can advise you on your rights and options.