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Legal Information: Utah

Custody

Laws current as of September 19, 2024

What is custody?

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:

  1. 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
  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)