Why Joint Legal Custody in Utah Divorce and Child Custody Cases?

People fight about two things in divorce: kids and money. Oddly, people spend more money fighting about kids than they spend money fighting about money. Actually, that’s not entirely odd since kids are more important than money, but anyway.

The most contentious part about the fight over kids is figuring out physical and legal custody. Physical custody is where kids physically spend their time, and specifically where they spend their overnights. Physical custody is often called visitation or parent-time. The other aspect of custody is legal custody. Legal custody relates to who gets to make big life decisions for kids. It’s legal custody I want to talk about for a minute.

The first thing to understand about legal custody is it only applies to certain big aspects of kids’ lives –decisions regarding religion, schooling, medicine and healthcare, and extracurricular activities. So, if one parent were to have sole legal custody, that doesn’t mean that parent gets to make every decision imaginable and cut out the other parent. That’s not how parenting works, even among divorced parents. Divorce parents are still parents, and they have to work together for the good of their children.

In Utah joint legal custody is the norm, and there’s good reason for this. Human minds work better as a team, and we usually come up with better ideas when we work in conjunction with others. Even parents who don’t like each other will almost always come together, discuss what’s best, and do what’s right for their kids. Because this is the reality of most Utah divorces and break-up situations, joint legal custody makes a lot of sense and is best for kids.

A prime example of this is braces. Braces are usually not medically necessary. Despite this, almost every divorced couple I know talks to each other cordially and comes up with a plan to get Junior his braces when the time comes. They talk about the who, the when, the cost, and they do it for the good of their child.

As with anything in divorce and child custody cases, there will be bumps in the road. Parents won’t always agree about everything. This is why, even when you share joint legal custody, one parent is usually awarded final decision-making authority. This means parents still discuss all major decisions, and talk through any disagreements, but when there is a serious disagreement that cannot be solved through discussion (and many times mediation), then one parent is able to make the final decision.

Judges will almost always designate a final decision-maker simply because judges do not want parents coming before them whenever a disagreement arises.

If one parent really feels the other parent’s decision hurts the kids, then there is always the option to take the matter to court to have it reviewed. In our office we have seen thousands of cases, and maybe a handful (three to five) have gone back before a judge to address legal custody issues. It just doesn’t happen that often. (When it does, it’s usually a situation in which one parent wishes to change schools and the other parent disagrees with the change.)

So, again, joint legal custody is the norm in Utah, and for good reason. It requires parents to discuss major life decisions and work with each other for the good of their kids. Even though it may be hard, this process usually creates the best results for families, even divorced families.

Appendix of Utah Laws Regarding Joint Legal Custody

Utah Code, Section 30-3-10.1.  Definitions — Joint legal custody — Joint physical custody.

As used in this chapter:

(1) “Joint legal custody”:

(a) means the sharing of the rights, privileges, duties, and powers of a parent by both parents, where specified;
(b) may include an award of exclusive authority by the court to one parent to make specific decisions;
(c) does not affect the physical custody of the child except as specified in the order of joint legal custody;
(d) is not based on awarding equal or nearly equal periods of physical custody of and access to the child to each of the parents, as the best interest of the child often requires that a primary physical residence for the child be designated; and
(e) does not prohibit the court from specifying one parent as the primary caretaker and one home as the primary residence of the child.

Utah Code, Section 30-3-10.2.  Joint custody order — Factors for court determination — Public assistance.

(1) The court may order joint legal custody or joint physical custody or both if one or both parents have filed a parenting plan in accordance with Section 30-3-10.8 and it determines that joint legal custody or joint physical custody or both is in the best interest of the child.
(2) In determining whether the best interest of a child will be served by ordering joint legal or physical custody, the court shall consider the following factors:

(a) whether the physical, psychological, and emotional needs and development of the child will benefit from joint legal or physical custody;
(b) the ability of the parents to give first priority to the welfare of the child and reach shared decisions in the child’s best interest;
(c) whether each parent is capable of encouraging and accepting a positive relationship between the child and the other parent, including the sharing of love, affection, and contact between the child and the other parent;
(d) whether both parents participated in raising the child before the divorce;
(e) the geographical proximity of the homes of the parents;
(f) the preference of the child if the child is of sufficient age and capacity to reason so as to form an intelligent preference as to joint legal or physical custody;
(g) the maturity of the parents and their willingness and ability to protect the child from conflict that may arise between the parents;
(h) the past and present ability of the parents to cooperate with each other and make decisions jointly;
(i) any history of, or potential for, child abuse, spouse abuse, or kidnaping; and
(j) any other factors the court finds relevant.
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
4.8
Based on 929 reviews
Anne and Josh are Fantastic!!
I couldn’t have done it without Nathaniel Garrabrandt and the Brown Family Law truly the best experience and people to work with thank you!!
Brown Family Law is likely the most outstanding Family Law office in Utah. They care deeply about each client, responds quickly to every client question and concerns. If anyone is in a situation of divorce and/or child custody, I highly recommend this office to assist you with your rights. They stand firmly behind their clients.
Response from the owner:Thank you, Craig.
I can’t say enough good things about Clay Randle and Katrina Redd. They were both incredibly professional, responsive, and knowledgeable throughout my case. Their experience and advice were invaluable, and I truly appreciated their support every step of the way.
Daniel was patient, efficient, professional, and kind. Brown Family Law was easy to work with and very competent. Highly recommend.
Muchas gracias, professionales. Me ayudaron con mi caso, gracias.
Leilani Whitmer was my attorney for mediation day at the provo 4th district court on May 9th and absolutely knocked it out of the park. She made the process so smooth and easy I'd recommend her for any family law issue you could possibly fathom.
Clay Randle is absolutely amazing, well educated, knowledgeable lawyer. He’s approached, always makes sure you’re on the top of the situation and very helpful. I’ve had a pleasure working with him and I recommend him as your top notch attorney.
Brown Family Law has been wonderful to work with! Extremely knowledgeable and professional. Clay went the extra effort in everything he did for us. Couldn’t be more pleased!! I highly recommend their services.
Marco is beyond insightful!
yH5BAEAAAAALAAAAAABAAEAAAIBRAA7

Categories