3 Things to Know About Joint Physical Custody in Utah

Going through a divorce is a complicated and challenging time for any family. When you are asking for joint custody of your children, you will want to discuss the legal options with Utah child custody attorneys. By understanding the potential challenges that may arise, you can prepare for the process and ensure that you have a chance for joint custody.

Joint Physical Custody Differs from Joint Custody

When you talk to Utah child custody attorneys, you will learn that joint physical custody is not the same as joint custody. It relates directly to the amount of time your children spend in your home. Joint physical custody means that your children will spend a minimum of 111 days each year in your home.

Joint custody does not put a minimum number of days on the time your children spend in your home. While you are still a part of your child's life and the decisions made on his or her behalf, the court may decide to award primary living arrangements with one parent or the other parent. Joint custody in Utah only means that both parents are involved in major decisions for their child's well-being. If you want to ensure that your child spends time in your home each year for an extended period, then you want to ask for joint physical custody, as well as joint custody.

Decisions Are Made by Both Parents

Joint physical custody of a child means that both parents are involved in major decisions. You must work with the other parent and come to an arrangement when it comes to your child's well-being. In general, the courts will require parents to share information about a child's medical situation, health, education, and related topics to ensure that they are able to work together to make decisions.

Exclusive Authority May Apply in Some Situations

Although joint physical custody does mean that parents will work together for many decisions, the courts may award a parent with exclusive authority to make certain decisions for the child. For example, one parent may have exclusive authority to make decisions about medical care if they are the primary caretaker for the child. While joint physical custody does mean both parents will have at least 111 days with their children each year, the courts will still designate a primary caregiver and residence for the child. That may result in some exclusive authority in relation to certain situations.

When you want to clarify your options for custody of children in Utah, you want to work with the right attorney. By discussing the different types of custody with Utah child custody attorneys, you will be able to work out a solution for your family. For more information about your options, contact us to talk to an attorney today.

Author Statement:
The Wall's have over more 190 years of combined legal experience as divorce and family law attorneys. They aggressively represent their clients in matters including the complex and difficult issues surrounding paternity, child custody, alimony, grandparent rights, property and debt division.

 

Wall & Wall Attorneys At Law PC
2168 Fort Union Blvd.
Salt Lake City, UT 84121
801-441-2388

5 Common Reasons to Modify a Divorce Order

Divorce can be modified to reflect changes in either parent's circumstances at any time. Five common reasons why divorced individuals may seek divorce order modifications include:

Changes in Financial Conditions

This applies specifically to individuals seeking Utah child support modification if they become unemployed or experience a significant increase in their paycheck. With the assistance of a family law attorney, you could petition the court to reduce the amount of child support you pay if you lose your job or begin earning less than you earned when the original child support order was placed.

Adjustments Based on the Needs of the Children

When children begin school, start participating in sports/other school events or get their driver's license, certain aspects of a divorce order involving pick-up times, holiday/vacation time with one parent or even where the child wants to live may need to be modified.

Relocation of One Parent

When one parent relocates to a place more than an hour or two away from the children, it may be necessary to modify your divorce agreement. Decisions about custody, where the children will attend school and whether parenting time should be handled differently are some possible modifications. In addition, a Utah child support modification may be needed if the relocated parents change jobs or are temporarily unemployed.

Visitation Modification

Older children may decide they want to live with the other parent for some reason or you may want more visitation time with your children. In some cases, a visitation order may be eliminated if one parent engages in a lifestyle harmful to children.

Changes to Alimony Orders

One spouse may receive alimony from the other spouse in Utah if that person is unable to work and earn a living income. However, an order of alimony depends on the ability of one spouse to support the ex-spouse, how long the marriage lasted and if the spouse wanting alimony has been granted custody of minor children. While rarely given, alimony included in a divorce order can be modified if changes in circumstances warrant modification.

Divorce order modifications should be handled by an experienced family law attorney who can ensure everything is submitted correctly to the court for modification. Contact Wall & Wall today to schedule a consultation regarding a Utah child support modification or other changes you want to be made to your divorce order.

Author Statement:
The Wall's have over more 190 years of combined legal experience as divorce and family law attorneys. They aggressively represent their clients in matters including the complex and difficult issues surrounding paternity, child custody, alimony, grandparent rights, property, and debt division.

Wall & Wall Attorneys At Law PC
2168 Fort Union Blvd.
Salt Lake City, UT 84121
801-441-2388