Utah decides legal custody and physical custody separately, and you can hold one without the other. Legal custody is who decides about school, healthcare and religion; physical custody is where the children sleep — and the overnight count is what drives child support.
Two separate concepts
Utah law treats legal custody and physical custody separately. You can have joint legal custody but primary physical custody — these are independent determinations. Understanding both is essential before any custody negotiation.
Legal Custody — Who Makes the Decisions
Legal custody covers major life decisions: education, healthcare, religion, and extracurricular activities.
Joint Legal Custody
Both parents share decision-making authority. Major decisions require communication and mutual agreement. Utah courts strongly prefer this arrangement.
Sole Legal Custody
One parent makes all major decisions alone. Typically awarded only when the other parent is absent, abusive, or unable to participate in co-parenting.
Physical Custody — Where Children Live
Physical custody determines the day-to-day schedule and which home is the child's primary residence.
Joint Physical Custody
Both parents have 111 or more overnights per year with the child. Common schedules: 50/50 week on/week off, 2-2-3 rotation. Child support calculated using Worksheet B.
Primary Physical Custody
One parent has the child more than 255 overnights per year. The other parent has standard parent-time (Utah minimum: 145 overnights). Child support uses Worksheet A.
Typical schedule111+ overnights each parent255+ with custodial; 145 parent-time
Child supportWorksheet B (income shares)Worksheet A (simpler formula)
Court preferenceStrongly preferred for legal custodyRare; requires compelling reason
Best forCooperative co-parents, proximityAbsent, abusive, or high-conflict parent
ModificationBoth must agree or court ordersCustodial parent has final say
Utah's Legal Presumption
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Joint legal custody is the default
Utah Code § 81-9-205 establishes a rebuttable presumption in favor of joint legal custody. A court must have a specific reason — such as domestic violence or a parent's inability to communicate — to award sole legal custody.
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Physical custody depends on best interest
There is no automatic presumption for joint physical custody. Courts weigh the child's best interest factors, including proximity of homes, the child's age, each parent's work schedule, and the child's relationship with each parent.
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Children's preference matters (at certain ages)
Utah courts consider the child's preference, especially for children ages 14 and older, though the court is not bound by that preference.
How Custody Affects Child Support
The custody arrangement you choose has a direct and significant impact on how child support is calculated in Utah.
Primary physical custody (255+ nights)Worksheet A
Joint physical custody (111–255 nights each)Worksheet B
Worksheet B result vs. Worksheet AGenerally lower obligation
divvi calculates child support automatically using the correct Utah worksheet based on the custody arrangement you enter. You will see the actual number before you finalize anything.
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