Physical Custody

Since the last post was on the topic of custody, specifically legal custody in the State of Utah – today I wanted to address the question:

What is Physical Custody?

Physical Custody is where the child spends the night.

I know, often times we think that Physical Custody is where is the child right now, physically – or where does the child spend most of his or her time?  Which parent has more “time” with the children?

Not so.

The only question is where do the kids go to sleep at night?  Do they sleep at grandma and grandpas?  Do they sleep at dad’s house?  Are they sleeping in their rooms with mom?  Those are the questions.

When it comes to Physical Custody we look at how many overnights are at which household.  There are 365 days in a year.  If you want to have a joint Physical Custody situation – then someone gets 182 overnights with the kids and someone else get 183 overnights.  Whomever has the most overnights wins.

I want sole custody.

Okay, if you want sole Physical Custody of the children, you need to have more than 255 overnights with the kids per year.  If you do that, you have what we consider sole physical custody of the kids.  The moment someone else gets 111 or more overnights per year – we are now looking at a joint physical custody situation.

Of course, Sole Physical Custody can also be many more overnights per year that 255 – but that is the starting point.  We have been involved in cases where one parent has about 15 overnights per year.  Now that’s hardly anything.  Minimum standard parent-time gives you every other weekend and one night a week.

I hope this has been helpful when it comes to overnights and Physical Custody.

If you have other questions for us, please give us a call 801-676-5506.  We look forward to helping you!

Family Law Attorney Salt Lake City Utah

Family Law Attorney Salt Lake City Utah

Guardian Law LLC
8833 S. Redwood Road, Suite C
West Jordan, Utah
84088 United States
Telephone: (801) 876-5875

from Utah Divorce Lawyer


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