This video by associate attorney Stacy Roberts explains the different Utah child custody types.
You will learn the difference between Physical Custody and Legal Custody, Sole Custody vs Joint Custody, and what the court looks at when making child custody decisions.
Transcript:
Hi my name is the Stacy Roberts and I am an attorney here at Long Okura.
If you’re going through a divorce proceeding or any proceeding where children are involved there’s a few things you should know about child custody.
First of all there are two different types of custody that can be awarded in your case. There is Physical Custody and Legal Custody.
Physical Custody is where the children spend the night. If you are awarded sole physical custody it means the children are with you for the majority of the overnights in one year. It means you have two-thirds of those overnights.
If joint physical custody is awarded it means the parents are splitting these overnights and they’re with each parent equally or the parents have at least one hundred and eleven overnights each year.
There is also legal custody and this regards who makes the major decisions in a child’s life regarding religion, education, residence and any major health issues.
Sole legal custody means that one parent is making these decisions but they’re communicating these decisions to the other parent.
Joint legal custody means the parents cooperate and decide together in any of these majors decisions for a child. In your decree or any final document there should be how these final decisions will be made if there is any disagreement, whether you’re going to go to mediation to decide or if one parent is going to be the default decision maker.
When a court is making the decision on these custody matters they look at several different factors in a child’s life.
The most important is what is in the child’s best interests.
They also look at:
- Who has been the historical primary caregiver for the child.
- Any current arrangements or status quo that has been reached in the case.
- If there are siblings involved, if special bonds have been created with the parent.
- What are the the moral character and emotional stability of each parent.
- The situational stability of a parent.
- Also how much time does the parent have available to spend with the child.
Any significant impairments of a parent may also be taking into consideration, but disability is not a factor when the court is deciding.
If any parents has relinquished custody or has not been involved in the child’s life the court will also take this into consideration.
In summary there are two types of child custody: physical custody and legal custody. There is also various factors that the court will take into consideration in awarding these different types of custody.
If you have any questions please contact Long Okura and setup an appointment with an attorney so we can tell you which factors maybe most important in your case.
I wish my daughter had found your webpage before the mediation for the divorce last year. There are so many things that your website make clear. She gave almost all her rights away at a mediation that stretched into 7 hrs. just so her x would sign. The results has been a year of hell with visitation schedule. She got a divorce because of how unstable, and controlling, abusive he was, perhaps she should have realized that joint legal was going to be impossible since his favorite phrases are. “This is non-negotiable!” and “My way or the hi-way!” So, now headed into court to get the assumption that they can work things out civilly taken out of the decree.
@ M. Bloxham- I’m sorry to hear that things did not go well for your daughter. It’s never to late to come in and have a consultation with us in order to strategize her options going forward from where she is now. Best of luck, Rebecca
These videos are great. These topics address exactly what the “everyday person” going through a divorce wants to know. Good to know there are still attorneys out there that put the needs clients first.
@Todd. Thanks for your comment Todd! Glad the videos were helpful to you. Let us know if there’s anything else we can do to help.
Hi Jessica,
Thank you so much for your comment. Stacy is healthy and doing well. We talk to her often and will deliver your “Hello!” Best wishes, Rebecca Long Okura
We miss you Stacy!
I am wanting to speak with someone about my current situation. I have been divorced for over six years. We went with joint custody, my oldest boy who was in high school and my youngest who was still a toddler at the time of the divorce lives with their mom for the majority of the time. my then 12 year old daughter and six year old son were with me. I want to know what I can do to keep my youngest boy with me for the school year. He is now 8 years old. This is an opportunity for me to have all of the children under one roof since the divorce. There are many reasons that I feel that he should be here. I just need to know where to start.
Sincerely,
R. Max Brunson