At Arnold Wadsworth & Coggins we care about your case and the possible outcomes. Below is Utah Code 30-3-10.1 that goes over definitions of Joint Legal and Joint Physical custody. As divorce lawyers in Utah we offer a free consultation to go over your rights and possibilities in your case. Call or email today 801-475-0123
effective 7/1/2017
30-3-10.1 Definitions — Joint legal custody — Joint physical custody.
As used in this chapter:
(1)(a) “Custodial responsibility” includes all powers and duties relating to caretaking authority and decision-making authority for a child.
(b) “Custodial responsibility” includes physical custody, legal custody, parenting time, right to access, visitation, and authority to grant limited contact with a child.
(2) “Joint legal custody”:
(a) means the sharing of the rights, privileges, duties, and powers of a parent by both parents, where specified;
(b) may include an award of exclusive authority by the court to one parent to make specific decisions;
(c) does not affect the physical custody of the child except as specified in the order of joint legal custody;
(d) is not based on awarding equal or nearly equal periods of physical custody of and access to the child to each of the parents, as the best interest of the child often requires that a primary physical residence for the child be designated; and
(e) does not prohibit the court from specifying one parent as the primary caretaker and one home as the primary residence of the child.
(3) “Joint physical custody”:
(a) means the child stays with each parent overnight for more than 30% of the year, and both parents contribute to the expenses of the child in addition to paying child support;
(b) can mean equal or nearly equal periods of physical custody of and access to the child by each of the parents, as required to meet the best interest of the child;
(c) may require that a primary physical residence for the child be designated; and
(d) does not prohibit the court from specifying one parent as the primary caretaker and one home as the primary residence of the child.
(4) “Servicemember” means a member of a uniformed service.
(5) “Uniformed service” means:
(a) active and reserve components of the United States Armed Forces;
(b) the United States Merchant Marine;
(c) the commissioned corps of the United States Public Health Service;
(d) the commissioned corps of the National Oceanic and Atmospheric Administration of the United States; or
(e) the national guard of a state.
Amended by Chapter 224, 2017 General Session
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