I had the most interesting question today about legal custody.
So what is legal custody?
Legal custody is the ability to make legal decisions on your child’s behalf. When you child is a minor, you, as a parent, can make (1) medical decisions on your child’s behalf; (2) you can make religious decisions on your child’s behalf; and (3) you can make educational decisions for your child.
That is what legal custody is.
If you are in a divorce proceedings or a child custody/paternity proceeding, one of the many issues before the court is: who should be awarded legal custody of the minor children.
In Utah, the legislature has enacted Utah Code Section 30-3-10 which states that there is a rebuttable presumption that joint legal custody is in the best interest of the child. The ways you overcome a joint legal custody situation in Utah is by showing:
(a) domestic violence;
(b) special mental or physical needs of the child or parent which makes joint legal custody impracticable;
(c) physical distance making joint legal custody too difficult; or
(d) any other good reason not to order joint legal custody.
Question: Do you want to fight about Legal Custody?
Answer: Maybe. It really depends on your specific situation. You may want to because your ex-spouse might be extremely difficult to deal with. If that’s the case, you should fight. Has your ex been abusive? Then you should seek sole legal custody. Every event in your life that has led to the decision to divorce will help you know which route you should pursue in your divorce case.
When you are ready for divorce or need help in your case, give us a call 801-676-5506 – we are happy to help you with your legal custody questions.
Thanks for visiting and we hope to see you back soon.
8833 S. Redwood Road, Suite C
West Jordan, Utah
84088 United States
Telephone: (801) 876-5875
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