30-3-10.1 - Definitions -- Joint legal custody -- Joint physical custody. - Utah Statutes

30-3-10.1. Definitions -- Joint legal custody -- Joint physical custody.
As used in this chapter:
(1) "Joint legal custody":
(a) means the sharing of the rights, privileges, duties, and powers of a parent by bothparents, where specified;
(b) may include an award of exclusive authority by the court to one parent to makespecific decisions;
(c) does not affect the physical custody of the child except as specified in the order ofjoint legal custody;
(d) is not based on awarding equal or nearly equal periods of physical custody of andaccess to the child to each of the parents, as the best interest of the child often requires that aprimary physical residence for the child be designated; and
(e) does not prohibit the court from specifying one parent as the primary caretaker andone home as the primary residence of the child.
(2) "Joint physical custody":
(a) means the child stays with each parent overnight for more than 30% of the year, andboth 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 childby 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 andone home as the primary residence of the child.

Amended by Chapter 269, 2003 General Session