Custody

Joint custody means that both parents share the legal rights and responsibilities for their child. It’s divided into joint legal and joint physical custody.

Joint legal custody is when both parents have the right to make major decisions about their child, like choosing schools or medical care.¹ This can happen even if the child mostly lives with one parent.² Sometimes, the parents may have to come to an agreement over each decision. Other times, the judge might give one parent the final say on certain decisions.³ For example, the judge might give one parent the right to decide where the child will go to school while the other parent makes medical decisions. To learn more about when a judge will give joint legal custody, go to Will a judge always give joint legal custody? 

Joint physical custody is when the child lives at each parent’s home for more than 30% of the time.⁴ However, the judge might order that the child spends up to 50% of the time with each parent.⁵ The judge can choose one parent’s home to be the child’s primary residence and one parent to be the primary caretaker, but the judge is not required to do so.⁶ Even if one parent is ordered to pay child support to the other, both parents should cover the child’s expenses while the child is in their care.⁷

To decide whether or not to give any form of joint custody, the judge will consider the factors listed in How does a judge decide whether to give joint custody? in addition to the factors listed in How does a judge decide about custody and parent-time?

¹ Utah Code § 81-9-101(5)
² Utah Code § 81-9-205(3)(a), (3)(b)
³ Utah Code § 81-9-205(3)(c)(i)
⁴ Utah Code § 81-9-101(6)
⁵ Utah Code § 81-9-205(4)(a)
⁶ Utah Code § 81-9-205(4)(c)
⁷ Utah Code § 81-9-101(6)