How to Divorce -- Child Custody

There are two types of physical child custody in the State of Utah.  These types of child custody are sole child custody and joint child custody.

Sole Child Custody

According to Utah child custody laws, sole child custody occurs when a parent is designated as the custodial parent and the non-custodial parent in limited to 110 or less overnights with the child.  The advantage of having sole child custody under Utah's child custody laws is that the custodial parent is given all sorts of rights and presumptions.  For instance, absent language to the contrary the parent with sole child custody is presumed to have the final say on matters related to the child such as health, religious, residence, etc.  In addition, the non-custodial parent will likely have to pay significantly more in child support using the Utah child support calculator, which can be found at https://orscsc.dhs.utah.gov/orscscapp-hs/orscscweb/action/public/custodyWorksheet/show.


Joint Child Custody

According to Utah child custody laws, joint child custody occurs when the parental arrangement is something more than the 110 overnights under a sole child custody arrangement.  This arrangement can be 50/50 parent-time or something less.  Some argue that this is the closest thing to the parents still being together.  Others argue that a joint child custody situation places too much stress on the minor child.  Regardless, there are advantages and disadvantages to having joint child custody.  In dealing with your divorce, you will want to review and understand child custody laws before determining which type of child custody you prefer.