Joint Legal Custody Versus Joint Physical Custody
Joint Legal Custody generally means that both parents make decisions about major issues affecting the children by working together. These issues may include, among others, what religion (if any) the child will be raised in, whether the child should receive medical treatment or undergo a major medical procedure, where the child will go to school, and permission to get a tattoo, get married, or join the military before age 18. Joint legal custody does not affect the children's residence.
Joint Physical Custody means that the children live in each parent's home at least 111 nights each year.
In deciding whether to order joint legal or joint physical custody, the court decides what is best for the children. In so doing, the court may consider the following factors: (1) whether the “physical, psychological, and emotional needs and development of the child will benefit from joint legal or physical custody;” (2) “the ability of the parents to give first priority to the welfare of the child and reach shared decisions”; (3) whether the parents are “capable of encouraging and accepting a positive relationship between the child and the other parent”; (4) “whether both parents participated in raising the child before the divorce”; (5) the geographical proximity of the parents’ homes; (6) the preference of a mature child; (7) the maturity of the parents; (8) “the past and present ability of the parents to cooperate with each other and make decisions jointly;” (9) “history of, or potential for, child abuse, spouse abuse, or kidnaping”; and (10) other relevant factors.
Joint Physical Custody means that the children live in each parent's home at least 111 nights each year.
In deciding whether to order joint legal or joint physical custody, the court decides what is best for the children. In so doing, the court may consider the following factors: (1) whether the “physical, psychological, and emotional needs and development of the child will benefit from joint legal or physical custody;” (2) “the ability of the parents to give first priority to the welfare of the child and reach shared decisions”; (3) whether the parents are “capable of encouraging and accepting a positive relationship between the child and the other parent”; (4) “whether both parents participated in raising the child before the divorce”; (5) the geographical proximity of the parents’ homes; (6) the preference of a mature child; (7) the maturity of the parents; (8) “the past and present ability of the parents to cooperate with each other and make decisions jointly;” (9) “history of, or potential for, child abuse, spouse abuse, or kidnaping”; and (10) other relevant factors.
Divorce FAQ
The foregoing information is general, non-case-specific information and is not intended to constitute legal advice or to form an attorney-client relationship. We provide aggressive, competent representation in all areas of divorce and family law, including child custody, visitation, child support, alimony awards, modifications, guardianships, adoptions, prenuptial agreements and all related matters. To schedule an appointment with one of our attorneys, please contact our office at 801-377-4652.
Courtyard at Jamestown
3575 North 100 East
Suite 325
Provo, Utah 84664
Phone: 801-377-4652
Fax: 801-377-4673
3575 North 100 East
Suite 325
Provo, Utah 84664
Phone: 801-377-4652
Fax: 801-377-4673
