In Utah, when parents get divorced or separated, and they have minor children, one of the most crucial issues they must settle is child custody. Typically, there are primary custody arrangements, including sole physical, joint physical, sole legal, or joint legal custody. Sole physical custody in Utah means one parent has physical custody of the children, and the other parent has parent-time or visitation rights.
Understanding Sole Physical Custody
Under this custody arrangement, the children live with the primary custodial parent, and the other parent may be allowed visitation at reasonable hours. In Utah, the parent with legal custody has the authority to make decisions about the children’s well-being, including education and healthcare.
Factors Considered By the Courts
When a court is making decisions regarding child custody, it considers several factors to determine what is in the best interests of the children. These factors include the emotional, physical, and financial status of each parent, each parent’s capability and willingness to co-parent, the children’s preferences, the children’s relationship with each parent, and each parent’s workload or schedule.
Obtaining Sole Physical Custody
To get sole physical custody, a parent in Utah may need to go to court and prove that it is in the best interest of the children. It may also require proving that the other parent’s presence may harm the children’s welfare or that the other parent is incapable of providing adequate care for them.
Requesting Sole Custody
The first step towards obtaining sole physical custody in Utah is to file a request in court. A judge will review the request and may order both parents to attend a hearing to discuss the case. In some cases, a judge may appoint a guardian ad litem or an attorney to represent the children in the proceedings.
Mediation and Trial
When parents cannot agree on custody issues, the court may order mediation before trial. In mediation, a neutral third party listens to both sides and helps them come up with a plan that is in the best interest of the children. If mediation fails, the case goes to trial, and a judge makes the final decision.
Conclusion
Sole physical custody in Utah is a custody arrangement that gives one parent exclusive physical custody of their children. The other parent may receive visitation rights at reasonable hours. To obtain sole physical custody, a parent may need to go to court and prove that it is in the best interest of the children. A judge may consider various factors, including the children’s welfare, each parent’s capability and willingness to co-parent, and the children’s preferences. If mediation fails, a judge will make the final decision.