A stipulation is an agreement made by parties or by their attorneys in a judicial proceeding before the court. Stipulations are often made on procedural matters. Stipulations are also sometimes made regarding factual matters not in dispute in order to save time required in producing evidence in court.
There are two kinds of custody: legal custody and physical custody. Custody battles most often arise in a divorce or separation, requiring a court's determination of which parent, relative or other adult should have physical and/or legal control and responsibility for a minor (child) under 18. When both parents share custody of a child after a divorce it is called joint custody. Joint custody may be either legal or physical custody. Physical custody, designates where the child will actually live, whereas legal custody gives the custodial person(s) the right to make decisions for the child's welfare. Child custody can be decided by a local court in a divorce or if a child, relative, close friend or state agency questions whether one or both parents is unfit, absent, dead, in prison or dangerous to the child's well-being. In such cases custody can be awarded to a grandparent or other relative, a foster parent or an orphanage or other organization or institution. In some jurisdictions, if a child is old enough, their preferences are taken into consideration.
The basic consideration on custody matters is supposed to be the best interests of the child or children. Mental anguish suffered by the child due to visitation or lack thereof is one factor that may be considered in determining a child's best interest. In most cases the non-custodial parent is given visitation rights, which may include weekends, parts of vacations and other occasions. The custody order may be modified if circumstances warrant.
Utah Stipulation Regarding Joint Custody of Children focuses on outlining the terms and conditions for parents seeking joint custody of their children in the state of Utah. Joint custody allows both parents to share in the decision-making process and responsibility for raising their children. It is essential to understand the various types of joint custody arrangements available in Utah: 1. Joint Legal Custody: This type of custody grants both parents the authority to make major decisions about the child's upbringing. These decisions may include matters related to education, healthcare, religion, and extracurricular activities. Both parents are expected to collaborate and reach agreements on these issues, fostering effective co-parenting. 2. Joint Physical Custody: Under joint physical custody, the child spends significant time with both parents. This arrangement aims to ensure that the child has substantial and frequent contact with both parents, promoting a continued relationship with each. 3. Sole Legal Custody with Joint Physical Custody: In certain cases, one parent may be granted sole legal custody, making decisions on behalf of the child while still allowing both parents to have significant physical custody. This arrangement ensures shared parenting time, but one parent holds the authority in final decision-making. 4. Split Custody: Occasionally, when multiple children are involved in a divorce, the court may decide that it is in the children's best interests to divide custody between parents. This arrangement may result in one parent having primary physical custody of some children while the other parent has primary physical custody of the remaining children. The Utah Stipulation Regarding Joint Custody of Children addresses crucial aspects such as the child's schedule, visitation rights, and transportation arrangements. It may also include provisions regarding the exchange of information and communication between parents, guidelines for dispute resolution, and methods for modifying or revising the agreement if circumstances change. It is important for parents to work with their attorneys to draft a comprehensive stipulation that covers all essential aspects of joint custody. By doing so, they can ensure a clear and legally binding agreement that protects the best interests of their children while promoting a healthy co-parenting relationship.
