Custody

Joint custody means that both parents share the legal rights and responsibilities for their child. This can happen in one or more ways.

• Joint legal custody: Both parents have the right to make major decisions about their child, like choosing schools or medical care.¹ This can happen even if the child mostly lives with one parent.² Sometimes, the parents may have to come to an agreement over each decision. Other times, the judge might give one parent the final say on certain decisions.³ For example, the judge might give one parent the right to decide where the child will go to school. To learn more about when a judge will give joint legal custody, go to Will a judge always give joint legal custody?
   
• Joint physical custody: The child lives with both parents at different times. It is considered joint physical custody if the child lives at each parent’s home for more than 30% of the time. That means the child stays at each parent’s home for 111 nights a year or more. Or the judge might order that the child spends equal or nearly equal time with each parent.⁵ The judge can even choose one parent’s home to be the child’s primary residence and one parent to be the primary caretaker.⁶ Both parents help cover the child’s expenses while the child is in their care, in addition to paying child support.⁴
   
• Joint legal and joint physical custody: Both parents make major decisions about the child and the child lives with each parent for more than 30% of the time.
   
• Joint legal and sole physical custody: Both parents make major decisions about the child, but the child lives with one parent for 70% of the time or more. This means the child stays at the home of the parent with physical custody for 255 nights a year or more.  

To decide whether or not to give any form of joint custody, the judge will consider the factors listed in How does a judge decide whether to give joint custody? in addition to the factors listed in How does a judge decide about custody and parent-time?

¹ UT ST § 81-9-101(4)
² UT ST § 81-9-205(3)(a), (3)(b)
³ UT ST § 81-9-205(3)(c)(i)
⁴ UT ST § 81-9-101(5)
⁵ UT ST § 81-9-205(4)(a)
⁶ UT ST § 81-9-205(4)(c)