Child custody (also known as legal custody, conservatorship, or allocation of parenting time and responsibilities) refers to the legal possession, rights, and responsibilities for a minor child by the child’s birth or adoptive parents—including the right to make health care, religious, cultural, and education decisions about the child's upbringing.
During separation, and following divorce, a child’s natural parents often share custody of the child (shared custody or joint custody)—unless one or both of the child’s natural or adoptive parents are deemed to be unfit or pose a risk to the health, safety, and well-being of the child (the child’s best interests). If one of the parents is deemed unfit, the other parent may be awarded sole custody of the child. In some cases a parent who is not allowed to have custody of a child may be given visitation rights—sometimes under the supervision of another adult (supervised visitation). Child custody laws are usually located in your state’s statutes governing family and domestic matters, and may be referred to as the Family Code.
Child custody is distinct from guardianship of a child, which usually involves a relative or an unrelated person temporarily agreeing to take responsibility for a child following the death of the child’s birth or adoptive parents, or their abandonment. And adoption is taking full and permanent responsibility for a child by someone other than the child’s birth parents.
In Utah, child custody laws are designed to ensure the welfare and best interests of the child. When parents separate or divorce, they may share custody (joint custody) or one parent may be granted sole custody. Joint custody allows both parents to make important decisions regarding the child's upbringing, while sole custody grants this right to only one parent. The determination of custody is based on various factors, including each parent's ability to provide for the child's needs, the child's relationship with each parent, and any history of abuse or neglect. If a parent is deemed unfit, the other parent may receive sole custody. Additionally, non-custodial parents may be granted visitation rights, which can be supervised if necessary to protect the child's safety. Utah's child custody statutes can be found within the state's family and domestic laws, often referred to as the Family Code. It's important to note that child custody is separate from guardianship, which is a temporary arrangement typically made when a child's parents are deceased or have abandoned the child, and from adoption, which is the permanent legal assumption of parental responsibility by individuals other than the birth parents.