Custody

A child support order is separate from a child custody and visitation order. This means that you can not refuse to let the other parent see the child(ren) just because she or he is not paying the child support he/she owes. And, you cannot refuse to pay child support just because the other parent is not letting you see your children.

Custody documents utah

Custody:

  • Joint Custody: Both parents share the right and responsibility to make important decisions about the health, education and welfare of the children.
  • Sole Custody: Only one parent has the responsibility to make the important decisions about the health, education and welfare of the children.
  • Physical custody: The children live with the party who has physical custody. There are two types of physical custody:
  • Joint Physical Custody: The children live with both parents.
  • Sole or Primary Custody: The children live with one parent most of the time and usually visit the other parent.

Various Custody Arrangements:

  • Joint Legal Custody: Both parents share the right and responsibility of making decisions relating to the children’s health, education and welfare.
  • Joint Physical Custody: Each parent will have significant periods of physical custody arranged to assure the children have frequent, continuing contact with both parents.
  • Sole Physical Custody: The children will live with and be under the supervision of one parent. A parent with sole custody may have an advantage when it comes to moving away over the objection of the other parent. “Primary physical custody” is often used instead; it has a similar legal meaning but does not have the harsh implication that the child belongs to one parent.
  • Sole Legal Custody: One parent shall have the right and responsibility of making decisions relating to the children’s health, education and welfare.
  • Joint Legal/Sole Physical Custody: Both parents share the right and responsibility of making decisions relating to the children’s health, education and welfare; however, the children will live mainly live with, and be under the supervision of only one parent, with visitation periods granted to the other parent.

There are four types of visitation:

  • Specified Visitation: When the parent who has the children for less than half of the time has visitation with the children and has specific set times that visitation occurs.
  • Open Visitation: When the parent who has the children for less than half of the time has visitation with the children but the schedule is open and flexible pursuant to the agreement of the parties.
  • Supervised Visitation: When the children’s safety and well-being require that visits with the parent be supervised by the other parent, another adult, or a professional agency. Supervised visitation is sometimes also used in cases where a child and a parent need time to become more familiar with each other. This may be the case if a parent hasn’t seen the child in a long time and they need to slowly get to know each other again.
  • No Visitation: This option is used in situations when visiting with the parent, even with supervision, would be physically or emotionally harmful to the children. In these cases, it is not in the best interest of the child for the parent to have contact with the child.