Utah Divorce / Custody Law

Even though the statute heading says “Divorce”, it addresses the same custody issues for children of parents that have never married. The Utah statute (law) was just updated in February 2008 and the pertinent sections are linked below. Start researching Utah divorce/custody law click the Section 30-3-3 Divorce/Custody.

What is physical custody?

A common misperception is custody is defined only as sole, joint or split physical custody. Even many attorneys speak in these terms. In fact those are names of worksheets to calculate child support and may or may not have any bearing on physical parent-time. Utahcustody.com’s definition of physical custody is: where the child is staying, who has care or control and when that time is occurring.

Sole physical? -The child is residing with one parent for less than 110 overnights in a calendar year (30%). Remember, this is a child support worksheet and overnights are the standard by which this is measured.

Joint physical? -The child is residing with each parent between 111 and 182.5 overnights in a calendar year. State of Utah’s definition of joint physical custody.

Split? -The family has multiple children and one or more is primarily residing with each parent. State of Utah’s definition of split custody.

What is legal custody?

The definition of legal custody is being wrestled with daily by courts and parties. The problem with legal custody is that words have meaning in the law and just the words “legal custody” are open to interpretation. Utahcustody.com’s opinion is that since words have meaning then each party that crafts anything describing legal custody - ought to define more explicitly what is intended. Just an opinion though!

• Sole legal? -They typical answer is that if granted sole legal custody then all decisions surrounding the minor children are made by the party receiving that designation (i.e. which school attending, which doctors are seeing, which extra-curricular activities playing in.
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• Joint legal? -State of Utah’s definition of joint legal custody.