One of the most stressful decisions to be made during a divorce is child custody.
In the state of Utah, there are several different arrangements that can be made in terms of child custody.
Here are a few important facts concerning custody.
Parents have the opportunity, in the state of Utah, to reach any agreement, as long as they believe that it will be in the children's best interest.
The Utah State Court will allow any agreement that is made to become part of the official Decree of Divorce.
If you and your spouse are going through a divorce, you must attend a mandatory two-hour course.
This course instructs both parties about the divorce process and the impact it has on everyone involved (parents, children, families).
There are two main types of "joint" custody.
Joint 'legal' custody allows both parents to decide upon major issues concerning each child.
Joint 'physical' custody allows both parents the opportunity to spend physical time with the children.
Joint 'physical' custody also means that the children live in both homes.
This usually requires the parents to live in the same city or general area to reduce the time spent traveling for the children.
Obviously, joint custody works best and is often times awarded when both parents are willing to reasonably work together.
Occasionally, a joint custody agreement can be reached, naming one parent as the "primary" parent.
Either parent can be awarded "sole" custody of the child(ren).
Sole custody names one parent as the 'custodial' parent.
This parent is granted physical custody of the children and is allowed to make all major decisions concerning the child.
If one parent is awarded 'sole' custody, the other parent is often awarded 'visitation' rights.
According to the Utah State Court, a "standard schedule of visitation allows weekly contact, alternating holidays and on alternating weekends.
and overnight visits for children five and older.
" This schedule can be altered if a different schedule meets the children's best interests.
A key piece of information that must be followed is, "Custodial parents may not withhold rights of visitation if child support is not being paid.
Likewise, child support is not to be withheld if visitation is being denied.
" Custodial agreements can be made between the parties and their lawyers.
Sometimes, when circumstances permit, mediation processes can determine custodial arrangements.
If all else fails, the judge will determine the custodial arrangement.
The Utah State Court treats divorces where children are involved in a more sensitive manner.
Carefully consider the best interest of your children and try to reach an appropriate arrangement outside of court.
This will prevent the judge from having to make the arrangement for you.