(801) 254-9450 Physical custody determines where a child lives and how parents divide time with them following a divorce or separation. This decision by the court can affect the child’s daily schedule, school routine, holidays, transportation, and the amount of time each parent spends providing day-to-day care. Therefore, the issue of physical child custody is often one of the most contentious aspects of a divorce.
The courts prefer that parents reach an agreement on physical child custody in Heber City, but the reality is that this is not always possible. When disputes arise, our child custody attorneys at Carr | Woodall can help you explore your options to protect the relationship you have with your child.
Physical custody concerns a parent’s responsibility for the physical care and supervision of a minor child. This generally addresses where the child lives and how much time they spend in each parent’s care. Physical custody differs from legal custody, which concerns authority over important decisions regarding education, healthcare, and the child’s general welfare. Parents can share legal custody even if they do not divide physical custody equally.
The amount of time a child spends with each parent can also affect child support calculations. Our attorneys serve clients in Heber City and can help you understand all the potential secondary issues surrounding the physical custody of your child.
When it comes to family law cases involving the physical custody of children in Heber City, the court has the power to order either joint or shared custody. Judges generally prefer to award joint custody between the parents when possible and appropriate, as this is normally what is best for the child.
Joint physical custody does not require a perfect 50/50 division of parenting time. One parent can have more overnights than the other while both still satisfy the requirements for joint physical custody.
Joint physical custody can take many forms. Parents might alternate weeks or use a schedule that divides weekdays and weekends. The right arrangement depends on factors such as:
If joint physical custody is not appropriate, one parent may have sole physical custody while the other receives parent time. This generally means a child lives with one parent and spends time with the other. The parenting schedule depends on the child’s circumstances and the terms of the custody order.
It is natural for parents in Heber City to want a physical child custody award that is favorable to them, but courts view it from a different perspective. Instead of focusing on the desires of the parents, a judge has to make this decision based on the best interest of the child.
State law directs courts to consider numerous factors when making a custody determination. These can include each parent’s ability and willingness to meet the child’s needs, the strength of the child’s relationship with each parent, and each parent’s past involvement in raising the child.
The court can also consider the parents’ ability to cooperate, each parent’s willingness to encourage a relationship between the child and the other parent, and the child’s relationships with siblings and other important individuals. A child’s preference can receive consideration if their age and maturity make that preference relevant.
If you are facing a child custody dispute, it is important to understand the implications involved. Our team at Carr | Woodall can answer your questions and advise you on what to expect when it comes to physical child custody in Heber City. Our attorneys are available for virtual appointments or willing to travel to clients as needed from our office location. Call us today to discuss your case.