We Have Decided to Get a Divorce - How Do the Courts Decide on Custody?

One of the most stressful decisions to be made duringawarded when both parents are willing to reasonably
a divorce is child custody. In the state of Utah, therework together. Occasionally, a joint custody agreement
are several different arrangements that can be madecan be reached, naming one parent as the "primary"
in terms of child custody. Here are a few importantparent.
facts concerning custody.Either parent can be awarded "sole" custody of the
Parents have the opportunity, in the state of Utah, tochild(ren). Sole custody names one parent as the
reach any agreement, as long as they believe that it'custodial' parent. This parent is granted physical
will be in the children's best interest. The Utah Statecustody of the children and is allowed to make all
Court will allow any agreement that is made tomajor decisions concerning the child. If one parent is
become part of the official Decree of Divorce.awarded 'sole' custody, the other parent is often
If you and your spouse are going through a divorce,awarded 'visitation' rights. According to the Utah State
you must attend a mandatory two-hour course. ThisCourt, a "standard schedule of visitation allows weekly
course instructs both parties about the divorcecontact, alternating holidays and on alternating
process and the impact it has on everyone involvedweekends. and overnight visits for children five and
(parents, children, families).older." This schedule can be altered if a different
There are two main types of "joint" custody. Jointschedule meets the children's best interests.
'legal' custody allows both parents to decide uponA key piece of information that must be followed is,
major issues concerning each child. Joint 'physical'"Custodial parents may not withhold rights of visitation
custody allows both parents the opportunity to spendif child support is not being paid. Likewise, child support
physical time with the children. Joint 'physical' custodyis not to be withheld if visitation is being denied."
also means that the children live in both homes. ThisCustodial agreements can be made between the
usually requires the parents to live in the same city orparties and their lawyers. Sometimes, when
general area to reduce the time spent traveling for thecircumstances permit, mediation processes can
children.determine custodial arrangements. If all else fails, the
Obviously, joint custody works best and is often timesjudge will determine the custodial arrangement.