Custody – Legal and Physical
There are two types of custody when going through a divorce;
Legal and Physical. Legal custody usually is concerning important decisions in
regards to your children's religion, medical, and schooling choices. Physical Custody
deals with where the children will mainly live. Joint legal custody is almost
always essential when coming to an agreement in a divorce. In order to not get
joint legal custody, usually one parent would have to be found unfit as a
parent.
It is possible to have joint physical custody and to have
one parent have primary physical custody. Primary physical custody has to do
with what schools the children will go to based on the primary physical custody
parent’s residence. For example, if the primary physical custody parent lives
in Salt Lake City and the other parent lives in Ogden, Utah the schools that
the children will go to will be based on the address of the Salt Lake City
parent.
It is important that
you understand the differences between the custody considerations in Utah. When
going through a divorce you need an attorney that understands the differences
and importance of each custody consideration.
We have offices in Salt Lake City and Ogden, Utah. We can
meet with you, and sit down and make a plan for your divorce. We will take the
time to make sure it is done right. There are steps that need to be taken, let
us help you down that path.
Religion and Spiritual Matters:
“Only when the parents’ religiously based actions, either in
their own right or by conflicting with the child’s religious identity,
negatively impact the child, as by compromising his health or safety, or by
interfering with the stability and continuity in his life, or by diminishing
the child’s self image should the religious compatibility factor be used to
favor custody by one parent over the other.” Utah Code Ann. 30-3-10.4; Judicial
Administration Rule 4-903. Hudema v. Carpenter, 1999 UT App 290, 989 P.2d 491
(Utah ct. App. 1999).
Welfare and best interest of Child:
“In proceedings to determine custody and/or visitation,
welfare of a minor child is of paramount importance and divorce courts have
broad equitable powers in safeguarding this interest.” Gribble v. Gribble, 583
P.2d 64 (Utah 1978).
“Fostering child’s relationship with noncustodial parent has
important bearing on child’s best interest, for purpose of visitation matters.”
Dana v. Dana, 789 P.2d 726 (Utah Ct. App. 1990)
“Visitation order must be based on child’s best interests,
and thus courts must give priority to welfare of children over desires of
either parent in determining visitation rights.” Riche v. Riche, 784 P.2d 465
(Utah Ct. App. 1989).
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