What to Know About Child Custody Orders

Getting divorced can be a stressful and life altering path for the adults involved, but what if there are children to consider? Custody arrangements are a large part of family law, and a very important consideration for anyone getting divorced. If you are getting divorced in the state of Utah, here are a few things you should be aware of when getting divorced.

What is Custody?

For a minor child, custody is a legal status which is issued by the courts determining who has the legal responsibility for the care and maintenance of a child, as well as who has the legal authority to make important decisions for that child.

There are actually two types of custody to consider: physical custody and legal custody. Physical custody determines with whom the child lives, and legal custody determines who gets to make important decisions for the child. Generally, there will be only two types of both: sole and joint. Sole custody means that just one parent has the custody, and joint means it is shared equally.

This can work out in a number of ways. Sole legal and physical custody means that a child lives with one parent who makes all of the important decisions for that child. This does not mean that the other parent looses all visitation rights, and if both parties involved cannot agree the courts can set a schedule for parental visits.

Joint legal and physical custody means that the child spends half their time living with one parent, and then the other. Both parents in this case would be able to make important decisions for the child. This type of custody works best when there is open and free communication between the adults involved. Sharing joint custody is an important obligation which will require the parents involve to be able to work together for the good of the child.

It is also possible for one parent to have sole physical custody of the child, who lives with them 225 days out of the year, but legal custody is still shared by both parents jointly.

Finally, there is a type of custody referred to as split custody, which can happen if there are multiple children. In this case, each parent receives sole custody of a different child.

What do the Courts Consider?

The primary concern when determining custody is the health, safety, and well-being of the child involved. As such, many different things may be taken into consideration, including:

  • The conduct of the parents
  • Which parent is most likely to act in the child’s best interest
  • Which parent is likely to allow the child visitation and contact with the other parent
  • The relationship between the parent and child

Every case is different and several factors are considered before a custody arrangement is finalized. Consult a family law lawyer to understand your case and what options are available.

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 964 reviews
Clay was great to work with! He was very willing to explain everything I needed to know and helped me understand the options on my case. Very easy to work with.
Jennifer and Dani, as well the rest of the team went above and beyond when it came to my case.
I would highly recommend ‘Brown Family Law’.
My experience with them was exceptional.
Alija
Loved working with Daniel and the whole team. Great service.
Marco and his team at Brown Family Law have created nearly the perfect system for getting divorced in Utah. From the initial intake, to gathering all of the necessary documentation, to the client communication in between. There is so much work that goes into getting divorced, but with Marco and his team you'll always know where you are in the process and what happens next, which is such a comfort. Would highly recommend.
I would give them 10 stars if I could. Clay was professional and super organized. He took the time to explain everything. I would highly recommend him for any family law needed. Melanie was a godsend. She not only kept me continually informed of the progress, she sent texts of encouragement and support throughout the entire process. I would give her 100 stars for going above and beyond to make this experience less stressful. Her encouragement and genuine caring were comforting and calming. The entire staff at Brown Law are on your side and if you are lucky enough to get Clay and Melanie on your team you will not be disappointed. Thanks! Mack M.
Response from the owner:Wow, thank you so much. Melanie is great. Glad she helped you so well.
Nathaniel was an incredible partner throughout the divorce process. He was organized, responsive and respectful of my wishes while simultaneously giving me guidance and advice. I would recommend him to anyone.
I couldn’t have made it through my divorce without Clay and his team! I am forever thankful for the hours and time spent with me to help navigate an extremely difficult time in life. They’re reliable, knowledgeable, and know how to get things moving in an efficient manner. Nothing but good to say here!!
Working with Daniel Young at Brown Family Law was a truly positive experience during one of the most difficult times of my life. From the start, Daniel was knowledgeable, compassionate, and incredibly responsive.
If you need a family law attorney who combines expertise with empathy, I cannot recommend Daniel Young enough. He is a true advocate and a credit to Brown Family Law.
Nathaniel and Carren have been absolutely incredible to work with. They kept me informed and in the loop throughout each step of the process. They always answered every question I had in a very quick and timely manner. I could not recommend them more.
This 5-star review is for Nathaniel Garrabrandt at Brown Family Law. Nathaniel was just what we needed. He helped guide us with a level of professionalism, efficiency, and genuine care that made a real difference during a challenging time. He is always thoughtful and respectful, and he never makes you feel like just another case. His communication was clear (with regular check-ins), his advice was solid and uncomplicated, and I always felt that he had his client's best interest at heart as he made suggestions. I’m grateful to have had such a capable and compassionate attorney to work with. You hope you never need these kind of services, but when you do, you want the best... and someone with high integrity. Nathaniel truly deserves all 5 of these stars, in every way.
yH5BAEAAAAALAAAAAABAAEAAAIBRAA7

Categories