What Types of Child Custody are There?

As other states do, the state of Utah recognizes two types of child custody: physical and legal. The differences between these two types are evident in their names. Physical custody refers to the child’s living situation, that is, with whom he or she lives all or most of the time. Legal custody, on the other hand, is granted to the parent — or, as is often the case, both parents — who makes all the important decisions about the child. Under these legal definitions, there are several different arrangements available to accommodate certain situations.

A parent who has sole legal and physical custody over a child not only makes all of the decisions having to do with that child, including where he or she will go to school or seek medical care, but also houses and cares for him or her as well. The courts typically award sole physical and legal custody to one parent only when the non-custodial parent lives far away or has demonstrated negative influences over the family through abusive or reckless behavior, or if the court deems it necessary due to other circumstances. Except in these situations, non-custodial parents are often still eligible for visitation rights and partial legal custody even if they do not have physical custody.

Other important custody arrangements include joint legal and physical custody and split custody. Parents who share decision-making responsibilities as well as time with the child have joint custody in both the legal and physical sense. Utah courts feel this type of custody is in the best interests of the child as long as the parents can communicate with each other. A split custody arrangement is used when there are two or more children and each parent has physical custody of at least one.

Divorce can be a difficult time for children. They are usually confused and may have a difficult time understanding what is happening. A family law attorney may be able to help a spouse come to an amicable agreement about normally contentious issues with the other spouse in order to make the process as easy to bear as possible. The attorney may also discuss all possible custody options or alternatives.

Source: Utah Courts, “Types of child custody“, October 22, 2014

Protect Your Money And Your Family

We remove fear associated with divorce, protect your money & maximize time with your kids!

We're here to help. Let's determine your best options.

Call Us 24//7 at 801-685-9999 to Speak with a Live Representative

Utah Divorce FAQs
Top 100 Divorce Blog
What Clients Are Saying…
BrownLaw icon
Excellent
Brown Family Law
Based on 997 reviews
Nick Schwarz, a fantastic attorney, incredibly knowledgeable and caring. Wonderful attitude with clients. Highly responsive, and acts quickly. Never leaves you hanging.
Daniel Young and Carren Leavitt were excellent to work with. It was a very difficult process for me on a personal level and they walked me through each step to a successful outcome I’m very happy with .
Response from the owner:Thank you so much. Glad we could help.
David Handy and his team were fantastic in helping me navigate custody time with my daughter. He gave the me reassurance and encouragement I needed with each step and I couldn't be more grateful to him! Thanks David!
I can’t recommend Nick Schwarz enough. He really cares about his clients, goes above and beyond to exceed expectations and he does extra research to offer insights no one else would think of. I’ve worked with him on several projects in the past and he’s always both very impressive and intrinsically creative. Would recommend him to anyone.
Nick Schwarz and I were colleagues and he is extremely thoughtful and cared about clients. He is an excellent attorney and an even better person. He will make an excellent addition to any case.
Dani is the best paralegal I know. Clear communication, professional, and intelligent.
Paul Waldron offers a competent and mindful approach to navigating family law. Thank you Paul for being an asset in our community that we can all depend on.
Truly so grateful for the care and expertise of Brown Family Law. (Specifically Carren and Daniel) I’ve been going through a really difficult time, and having legal support met with such kindness and understanding meant the world to me. They not only provided excellent guidance, but also made me feel seen and supported. I will always refer people here and am so grateful for the compassion I experienced.
I cannot recommend Attorney Nicholas Schwarz highly enough! He is extremely professional, responsive, and truly dedicated to his clients. What sets Nick apart is not only his deep knowledge of the law, but also the genuine care and compassion he shows for his clients. He takes the time to explain everything clearly, answer questions promptly, and make you feel supported throughout the entire process. If you’re looking for someone who will fight for you while keeping your best interests at heart, Nick is your person!
Nick Schwarz is an outstanding attorney who combines sharp legal skills with genuine care for his clients. He is professional, attentive, and deeply committed to helping families through challenging times. I highly recommend him.
yH5BAEAAAAALAAAAAABAAEAAAIBRAA7

Categories