Ogden Divorce Lawyer: Types of Custody Recognized in Utah
As you may already be well aware, when you get a divorce you and your ex-spouse are not the only people who are affected. This is even truer if you and your ex-spouse have children together. The topic of child custody will come up during your divorce. Your divorce lawyer will be the one to help you through the process and advise you on what is ultimately best for you and your children. In the state of Utah, there are different types of custody for your minor children that the state recognizes and you need to be aware of them. This article will cover sole legal and sole physical, and joint legal and joint physical. It is not legal advice.
The first thing you need to know is what the term custody means. Custody refers to the guardianship of the children. This will determine whose legal care the children will be in after the divorce is finalized. Custody may be granted to either parent.
So, what does sole legal and sole physical custody mean? These terms are designated to a sole custody situation where one parent has physical custody of the children. The parent that is granted sole custody becomes the custodial parent. The parent that is not granted sole custody becomes the non-custodial parent. The custodial parent has physical custody of the children and makes all important decisions regarding the children. The non-custodial parent is granted visitation time of the children. This time is scheduled to allow for weekly contact of the children and can be modified in the best interest of the children and parents. The visitation schedule also allows for alternating weekends, alternating holidays, and overnights for children who are over five years of age. Visitation time of children under five is created in the best interest of those children. Contact by phone and mail is encouraged. Other matters to take in consideration are weddings, funerals and other special occurrences that the children may be permitted to attend. Ample notice should be given concerning special events in the children's lives, such as school plays and concerts, to the non-custodial parent.
Now, what does joint legal and joint physical custody mean? Joint legal custody means both of the parents are decision makers regarding the children. The children's physical residence is not altered by joint legal custody. However, as far as joint physical custody is concerned, the children live at both parents' residences. The children need to spend over 110 nights per year at each residence. Usually, for this to happen, the parents need to live in the same town or in close proximity of each other.
There are actions you cannot take concerning visitation. If you are the custodial parent you cannot withhold visitation rights from the non-custodial parent because you did not receive child support. Conversely, you cannot withhold child support because you were denied visitation. However, if you are denied visitation you can take legal action.
As a divorcing parent you must take two classes before your divorce is granted. One is on the divorce process, and the other is on the effect of divorce on children.
The first thing you need to know is what the term custody means. Custody refers to the guardianship of the children. This will determine whose legal care the children will be in after the divorce is finalized. Custody may be granted to either parent.
So, what does sole legal and sole physical custody mean? These terms are designated to a sole custody situation where one parent has physical custody of the children. The parent that is granted sole custody becomes the custodial parent. The parent that is not granted sole custody becomes the non-custodial parent. The custodial parent has physical custody of the children and makes all important decisions regarding the children. The non-custodial parent is granted visitation time of the children. This time is scheduled to allow for weekly contact of the children and can be modified in the best interest of the children and parents. The visitation schedule also allows for alternating weekends, alternating holidays, and overnights for children who are over five years of age. Visitation time of children under five is created in the best interest of those children. Contact by phone and mail is encouraged. Other matters to take in consideration are weddings, funerals and other special occurrences that the children may be permitted to attend. Ample notice should be given concerning special events in the children's lives, such as school plays and concerts, to the non-custodial parent.
Now, what does joint legal and joint physical custody mean? Joint legal custody means both of the parents are decision makers regarding the children. The children's physical residence is not altered by joint legal custody. However, as far as joint physical custody is concerned, the children live at both parents' residences. The children need to spend over 110 nights per year at each residence. Usually, for this to happen, the parents need to live in the same town or in close proximity of each other.
There are actions you cannot take concerning visitation. If you are the custodial parent you cannot withhold visitation rights from the non-custodial parent because you did not receive child support. Conversely, you cannot withhold child support because you were denied visitation. However, if you are denied visitation you can take legal action.
As a divorcing parent you must take two classes before your divorce is granted. One is on the divorce process, and the other is on the effect of divorce on children.
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