Typical Child Custody Arrangements in Utah
Sole Legal and Sole Physical CustodySole legal and sole physical custody means that the decision making authority is exercised by the parent with whom the child(ren) live the majority of the time, the custodial parent, and that the child(ren) spend fewer than 111 overnights in the home of the other parent, the noncustodial parent. The noncustodial parent has the right to parent-time (visitation) with the child(ren) according to the parent-time order in the final divorce decree. Child support will be based on the sole custody worksheet and the gross income of each parent.
Joint Legal and Joint Physical CustodyJoint legal and joint physical custody means that both parents share decision making authority. In addition, the children will spend more than 110 overnights with each parent each year. Parent-time can be set for those times when the child(ren) are in one home for extended stays. Child support will be based on the number of overnight stays in each home, and the respective gross income of each parent.
Joint Legal Custody with Sole Physical CustodyJoint legal custody, with sole physical custody means that both parents share decision making authority, but the child(ren) will spend fewer than 111 overnights in the home of the noncustodial parent each year. Noncustodial parent refers only to the physical custody part of the order and not to the legal custody, which the parents will share. The noncustodial parent will have parent-time rights. Child support will be based on the sole custody worksheet and the gross income of each parent.
Joint legal custody can be ordered only if the parents agree to this type of arrangement and the court finds that the parents will be able to cooperate and work together for the child(ren)'s best interest. The law states that joint physical custody may prevent the receipt of Temporary Assistance to Needy Families (TANF).
The court will only order joint legal custody of the child(ren) if it is in the best interest of the child(ren)
Split CustodySplit custody means if you have two or more children, you split their living arrangement between both parents. That is, one or more children live with one parent, and one or more children live with the other parent. Each parent has sole legal custody of those children who live in their home and the exclusive right to make decision concerning those children. Parent-time (visitation) is worked out so that both parents have parent-time with each of the children, and often times, a parent will have parent-time with all of the children at the same time. Child support will be based on how many children reside with each parent and each parent's respective gross income.