Types of Custody in Heber City

If you are going through a divorce or separation, one of the most important questions you will face is who will make decisions for your children and where they will live. Utah state law recognizes several types of custody, and each arrangement serves a different purpose for determining how children will be raised.

If you have questions about the types of custody in Heber City, it is helpful to have a clear understanding of the law before you face any court proceedings. At Carr | Woodall, our skilled child custody attorneys are here to answer your questions and ensure you are prepared for this process.

Physical vs. Legal Custody

The major decisions regarding how your child will be raised are broken down into two categories: physical and legal custody. A parent can share one type of custody while having a different arrangement for the other.

Physical Custody

Physical custody determines where your children live and how parenting time is divided. If one parent has primary physical custody, the children live with them most of the time while the other parent exercises their scheduled parenting time. When parents share physical custody, the child spends substantial time living with both parents under a court-approved schedule.

Legal Custody

Legal custody refers to the authority to make important decisions about your children’s lives. These decisions often involve major decisions about their education, medical care, religious upbringing, and after-school activities.

Many parents share legal custody even when one parent has primary physical custody. In those situations, both parents continue to make major decisions together even though the child primarily lives with one parent. Carr | Woodall could help you pursue both of these types of custody in your Heber City divorce.

Joint vs. Sole Custody

Joint custody and sole custody describe how parental rights and responsibilities are shared between parents. It is important to understand that neither option automatically favors one parent over the other. Courts in Heber City can order either type of custody, although there is a general push for shared custody when it is in the children’s best interests.

Joint Custody

Joint custody means both parents continue playing an active role in raising their children. Joint legal custody allows both parents to participate in major decision-making, while joint physical custody allows children to spend significant time living with each parent. Joint custody does not always mean a perfect 50/50 division of time. Parenting schedules vary depending on each family’s needs, work schedules, school commitments, and the child’s routine.

Sole Custody

Sole custody places primary responsibility with one parent, including important life decisions and providing the only home for children. Utah family courts will not automatically award sole custody simply because parents disagree or have a hard time communicating. Instead, judges carefully evaluate whether one parent should have greater decision-making authority or whether both parents can effectively work together for their children’s benefit.

What Factors Will Judges Use to Determine Custody Rights?

Utah family courts decide custody based on the best interests of the child instead of focusing on the preferences of the parents. When determining which type of child custody to award, some factors family courts in Heber City may consider include:

  • Each parent’s history of caring for the child
  • The relationship between the child and each parent
  • Each parent’s ability to provide a safe and stable home
  • The child’s adjustment to home, school, and community
  • The child’s emotional, physical, and developmental needs
  • The physical and mental health of each parent when relevant
  • Any history of domestic violence, abuse, neglect, or substance abuse
  • Each parent’s willingness to encourage a positive relationship with the other parent

If you are fighting for a particular custody agreement, Carr | Woodall attorneys are dedicated to helping you build a solid case for your arrangement request that protects your rights as a parent and your relationship with your children.

Discuss the Types of Child Custody With a Heber City Lawyer

If you are unsure about your rights regarding the types of custody in Heber City, you should seek the answers you need from a skilled and knowledgeable attorney. The compassionate team at Carr | Woodall knows how to navigate family courts and advocate for your preferred custody arrangements. Reach out to us today to learn more.