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Joint Physical Custody in Utah Divorce Cases

Joint physical custody is more of an equal time sharing arrangement with the children. It may be anywhere from a 70/30 split of the overnights up to a 50/50 split of the overnights with the children. It also assumes the parties will share the children’s expenses. See U.C.A. Section 30-3-10.1.

Joint physical custody does not prevent one party from being designated as the primary caretaker or one household from being the children’s primary residence.

Joint physical custody probably means that the parties should live relatively close to each other geographically.

It may also mean that neither parent may relocate the child more than within a specified radius from the other parent without the prior written consent of the other parent. Relocation will not be nearly as feasible with joint physical custody as if a parent has sole or primary physical custody.

Ideally, the parties should get along fairly well in order for joint physical custody to work in an optimal fashion for the parties and, especially, the minor child.

This material should not be construed as legal advice for any particular fact situation, but is intended for general informational purposes only. For advice specific to any individual situation, an experienced attorney should be contacted.

Melvin Cook:
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