Do I Have to Visit Both Parents?

In most cases, the answer is “yes” because research shows that having both parents involved in the child’s life provides significant social, psychological, and health benefits to the child. In some cases, a judge decides that it would not be in the child’s best interest to have parent-time with one parent or that there should be restrictions on the parent-time, for example no overnights or requiring another person to be present during parent-time. 

What is “legal custody”? Legal custody is about who has the right to make important decisions about the child’s education, health care, and religion. In Utah, there is a presumption that parents should have “joint legal custody,” which means that they will make these decisions together.  In some cases, the judge decides that one parent should make all of these decisions (sole legal custody) or have final decision-making authority if both parents are unable to agree on a decision.

What is “physical custody”? Physical custody is about where the child lives. If the child lives with one parent for more than 255 nights, that parent has “sole physical custody.” If the child lives at least 111 nights with both parents, they have “joint physical custody.” Parent-time (or visitation) generally refers to the child’s schedule with each parent, for example one night a week and every other weekend.