When it comes to child custody in Utah, there are two main types: physical and legal custody. While both types involve making decisions for the child’s wellbeing, there are significant differences between the two.

Physical Custody

Physical custody refers to who the child lives with and who is responsible for their direct care. This includes providing shelter, food, clothing, and medical care. When a parent has physical custody, they are responsible for the day-to-day needs of the child. In Utah, physical custody is divided into two categories: sole physical custody and joint physical custody.

Sole Physical Custody

Sole physical custody means that one parent has the majority of the time with the child, and the other parent may have scheduled visitation time. The parent who has sole physical custody is the primary caregiver for the child. This parent is responsible for making all decisions related to the child’s daily care, such as what they eat, when they go to bed, and where they go to school. The other parent may have limited or supervised visitation time with the child, depending on the circumstances of the case.

Joint Physical Custody

Joint physical custody means that both parents share time with the child on a regular basis. The parents work together to create a custody schedule that best meets the needs of the child and their respective schedules. This type of custody allows both parents to be involved in the child’s life on a regular basis and share in the responsibilities of daily care.

Legal Custody

Legal custody refers to who has the authority to make major decisions for the child, such as those related to education, healthcare, and religion. Unlike physical custody, legal custody can be shared or awarded to one parent.

Sole Legal Custody

Sole legal custody means that one parent has the sole authority to make major decisions for the child. This includes decisions related to healthcare, education, and religion. The non-custodial parent may still have visitation rights, but they do not have any decision-making power when it comes to the child’s life.

Joint Legal Custody

Joint legal custody means that both parents have an equal say in major decisions related to the child’s life. This includes decisions related to healthcare, education, and religion. Even if one parent has primary physical custody, both parents have the right to be involved in major decision-making.

How Custody is Determined in Utah

When parents are unable to agree on custody, the court will intervene to determine what is in the best interest of the child. In Utah, the court considers several factors when making custody decisions, including:

• The child’s relationship with each parent
• Each parent’s ability to provide for the child’s physical and emotional needs
• The child’s preference if they are old enough to express one
• The child’s adjustment to their current living situation
• Any history of abuse or neglect by either parent

Conclusion

Both physical and legal custody are important in determining the care of a child. Physical custody focuses on the day-to-day care of the child, while legal custody determines who has decision-making power over major areas of the child’s life. In Utah, custody decisions are made based on what is in the best interest of the child.