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Custody, also known as “custodial responsibility,” means having the legal rights and responsibilities to care for and make decisions for your child.1
There are two parts to custody:
- Legal custody is the right to make major decisions about your child, including those related to your child’s:
- education;
- non-emergency healthcare; and
- religion.2
- Physical custody is the right to have your child live with you and be cared for by you.3
Physical and legal custody rights can be divided between you and your child’s other parent in different ways. When one person has custody rights, that is called sole custody. The other parent will usually still have visits with the child, known as “parent-time.” When both parents share custody rights, that is called joint custody. To learn more about how joint custody works, see What is joint custody?
1 UT ST § 81-9-101(2)
2 UT ST § 81-9-101(2),(4); see UT ST § 81-9-203(11)(a)
3 UT ST § 81-9-101(2),(5)
What is parent-time?
In Utah, the time each parent can spend with a child according to a court order or parenting plan is called “parent-time.” Even if a parent doesn’t have custody, they may still get parent-time.1 (When other relatives get a court order to spend time with a child, that’s called “visitation.”2)
1 See UT ST §§ 81-9-101(12), (15), (16); 81-9-302 to 81-9-305
2 UT ST § 81-9-402(2)
What is joint custody?
Joint custody means that both parents share the legal rights and responsibilities for their child. This can happen in one or more ways.
- Joint legal custody: Both parents have the right to make major decisions about their child, like choosing schools or medical care.1 This can happen even if the child mostly lives with one parent.2 Sometimes, the parents may have to come to an agreement over each decision. Other times, the judge might give one parent the final say on certain decisions.3 For example, the judge might give one parent the right to decide where the child will go to school. To learn more about when a judge will give joint legal custody, go to Will a judge always give joint legal custody?
- Joint physical custody: The child lives with both parents at different times. It is considered joint physical custody if the child lives at each parent’s home for more than 30% of the time. That means the child stays at each parent’s home for 111 nights a year or more. Or the judge might order that the child spends equal or nearly equal time with each parent.5 The judge can even choose one parent’s home to be the child’s primary residence and one parent to be the primary caretaker.6 Both parents help cover the child’s expenses while the child is in their care, in addition to paying child support.4
- Joint legal and joint physical custody: Both parents make major decisions about the child and the child lives with each parent for more than 30% of the time.
- Joint legal and sole physical custody: Both parents make major decisions about the child, but the child lives with one parent for 70% of the time or more. This means the child stays at the home of the parent with physical custody for 255 nights a year or more.
To decide whether or not to give any form of joint custody, the judge will consider the factors listed in How does a judge decide whether to give joint custody? in addition to the factors listed in How does a judge decide about custody and parent-time?
1 UT ST § 81-9-101(4)
2 UT ST § 81-9-205(3)(a), (3)(b)
3 UT ST § 81-9-205(3)(c)(i)
4 UT ST § 81-9-101(5)
5 UT ST § 81-9-205(4)(a)
6 UT ST § 81-9-205(4)(c)
Should I start a court case to ask for supervised parent-time?
“Supervised parent-time” means that the noncustodial parent can spend time with the child, but s/he must be accompanied by someone the judge has approved to be there.1
If you’re worried about the abuser being alone with your child, you might be thinking about asking the judge to order supervised parent-time. If you are already in court because the abuser filed a case, you may not have much to lose by asking for supervised parent-time as long as you can give the judge a good reason for it, but this may depend on your situation.
However, if there isn’t a case yet, it’s a good idea to get legal advice first before starting a case to ask for supervised parent-time. Talking to a custody lawyer can help you understand what you need to prove for the abuser to get supervised parent-time and how long it might last, based on the facts of your case.
Usually, supervised parent-time is only temporary, but this may be different on where you live and who your judge is. The judge might order a professional, a relative, or someone else the people know to watch a certain number of visits. If there are no obvious problems, the parent-time might become unsupervised. At the end of a case, the other parent might end up with more frequent and longer visits than s/he had before you went to court or even some form of custody.
If your child is in immediate danger from the abuser, you may need to start a case to ask for custody and supervised parent-time to protect your child. To find out what is best for you to do, you can look for legal advice using our Utah Finding a Lawyer page.
1 UT ST § 81-9-101(12)
What are some pros and cons of starting a custody case?
There are many reasons people choose not to file for custody. Some people decide not to get a custody order because they don’t want to get the courts involved. Some people make an informal agreement that works well for them. Some people fear that starting a court case will provoke the other parent. They may fear that the other parent will fight for more custody or parent-time than they are comfortable with.
Even if the other parent is uninvolved with the child now, s/he may become involved when a case is filed in court. Also, if the other parent fights for custody, the case may drag on for a long time. This can be emotionally and financially draining. When you are in court for custody, the judge will look into many aspects of your personal life. For example, the judge may look into your mental health, criminal record, substance abuse issues, and relationships. You may prefer to keep these things private.
On the other hand, getting a custody order from a court can set out what legal rights each of the parents has, which can be a benefit. A custody order can give you the legal rights to make decisions about your child and have your child live with you. Without an order, both parents may share these legal rights, even if one parent takes care of the child daily. However, if you file for custody, the other parent may also request these rights. If you and the other parent disagree, the judge will decide what custody arrangement is best for the child.
It’s wise to talk to a lawyer who can help you decide if filing for custody is best for you, depending on the facts of your situation. You can find legal help by going to our Utah Finding a Lawyer page.
