Divorce Utah Custody

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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 alteration in custody orders. In such a case, the parent with the disability may prove the following.

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

A joint physical or legal custody order comprises of the terms that the court thinks are apt. These may be inclusive of the following specifications.

• 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 prior to making decisions regarding any of these topics
• 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

Sole Physical and Joint Legal

• The child stays with 1 parent for more than 225 nights in a year
• The other parent is awarded visitation rights i.e. parenting time
• The decisions that affect the child are made by both parents after mutual discussion

• This arrangement comprises of 2 types of custody
  • Joint Physical Custody:
    • The mother and the father share physical time with the child
    • 1^st July 2000 onwards, it became essential for the child to spend more than 110 nights in the year in each residence
    • If the parents accede, one of them can be designated as the primary parent
  • Joint Legal Custody:
    • This does not impact the physical residence of the child
    • Both parents take joint decisions regarding the topics that affect the child

• 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 as the custodial parent
• The non custodial parent is awarded visitation or parenting time with the child
• This state has a standard schedule for visitation as follows
  • Alternating weekends
  • Alternating holidays
  • Weekly contact
  • Overnights if the child is minimum 5 years old

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