Divorce Utah Custody

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Every divorce process includes the settlement of all existing marital issues before the final legal separation between both the partners. All such issues are mainly resolved by referring to particular divorce laws and rights of the concerned state. However, it is observed that the legislative laws and rights may differ from state to state. Some crucial decisions regarding imperative issues such as child custody are mainly taken after considering definite factors by the court. Similarly, the child custody laws of Utah divorce also comprise of definite legal formalities that are performed to provide the appropriate custody rights to the parents. Let us consider that the court has taken the disability of one parent into account while granting custody. Alternatively, the disability has been considered as a substantial modification in circumstances for the reason of altering the custody orders. In such a case, the parent with the disability may need to prove some specific conditions in order to retain his or her custodial rights:

• Any mental or physical disability does not considerably limit his or her ability to fulfill the emotional and physical requirements of the child.
• He or she has enough monetary, human and other resources that would supplement his or her capacity to satisfy the emotional and physical requirements of the child.

Terms of Joint Physical or Legal Custody Orders in Utah

A joint physical or legal custody order is mainly taken after considering the appropriate factors that are necessary to be satisfied by the divorcing parents. These conditions may be inclusive of the following specification:

• The duties and rights of the mother and the father pertaining to the present and future education, support and physical care of the child
• The parents should swap information related to the welfare, education and health of the child. Whenever it is feasible, they should discuss in prior about making any relevant decision regarding any of the child's related issues.
• The county of residence of the child must be mentioned. Alternatively, which custodian has the sole legal right to choose this residence may be written.
• What arrangements should be made to minimize the hampering of the daily routine, attendance at school, association with friends and other activities of the child
• The remnant parental powers, duties, privileges and rights that may be exercised by the parents jointly, concurrently or solely
• Any incidence related to the child or spouse abuse happened in the past is also considered during the decision making process
• The capability of each parent to encourage the relation between the children and the other parent in a positive manner. Like in terms of allowing the child to spend some quality time for specific duration as per the visitation schedule
• Most importantly, if the child is of matured age like sixteen years or so, then the preference of the child is surely taken into account, as they are considered to be capable enough to reason any difficulty or status of the relationship.

Types of Divorce Utah Custody

Sole Physical and Joint Legal

• The child stays with one parent for more than 225 nights in a year
• Either the father or mother is awarded physical custody of the child. Moreover, this parent also takes major decisions pertaining to the child. This parent is called the custodial parent.
• The non custodial parent is awarded visitation or parenting time with the child.
• This state has a standard schedule for visitation:
  • Alternating weekends
  • Alternating holidays
  • Weekly contact
  • Overnights if the child is at least 5 years old
• The decisions that affect the child are made by both the parents after mutual discussion

Joint Physical and Joint Legal

• This arrangement comprises of two types of custody
  • Joint Physical Custody:
    • The mother and the father share their physical stay with the child
    • From July 01, 2000 onwards, it has become essential for the child to spend more than 110 nights in the year at each parental residence
    • If both the parents agreed, then either of two partners can be designated as the primary parent of the child
  • Joint Legal Custody:
    • This does not impact the physical residence of the child
    • Both parents take joint decisions regarding all essential matters related to the child such as education, health care and other crucial requirements by them.

The child custody laws of Utah divorce include the fulfillment of various legal formalities. As a result, the joint or sole custody rights are finalized as per the conditions satisfied by the divorcing parties.

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