Sole Legal Child Custody v. Joint Legal Child Custody: What a Utah Therapist Should Know

There are two types of child custody Utah marriage and individual therapists should be aware of: (1) physical custody, (2) legal custody.

Physical custody is about which parent kids spend their time with. Specifically, it’s measured by how many overnights the kids spend with each parent.

Legal custody is about who gets to make big decisions for the kids. Big decisions regarding things like: religion, schooling, medical care, psychological care, extracurricular activities.

Legal custody comes in two forms: (1) sole legal custody, (2) share legal custody.

If one parent has sole legal custody, then that parent can, essentially, make all major decisions about the kids without having to consult with the other parent.

This includes decisions regarding putting kids in, or taking kids out of, therapy.

What this means for therapists is when one parent has sole legal custody, you will only need to speak with that parent about treatment. It also means the parent with legal custody can preclude the other parent from obtaining therapy records, and can even preclude the other parent from taking part in the therapy process.

Also, if a parent has sole legal custody, you don’t need the other parent’s agreement in order to release records. One parent is enough.

As you can tell, sole legal custody is a very restrictive, very odd situation.

Now, if both parents have shared legal custody, they must consult about and discuss all major decisions regarding the kids. Usually, they must come to a consensus before moving forward with a decision.

So, therapists must involve both parents in the child therapy process when they share legal custody. Records, updates, therapy plans, the whole bit, it all must be shared.

And therapists must obtain consent from both parents before releasing records.

Now, everything I’ve said above is all from the legal side of things. You’ll want to check with your legal counsel about how you want to handle divorced parents and child therapy.

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Meghann Christensen

I cannot say enough good about my experience with Brown Family Law. Ray Hingson and paralegal Carren did an excellent job with my case. I will definitely use this firm again for any legal issues.

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Response from the owner:David, thank you for our conversation and taking the time to leave this review.

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My experience with Jennifer and Brown Family Law was nothing short of amazing. From the very beginning of my initial consultation all the through until my case was settled, I was well taken care of and updated every step of the way. I felt like my team genuinely cared about the outcome of my case, which was refreshing. You get what you pay for, and Brown Family was worth every penny. To say I highly recommend this group is an understatement.

Response from the owner:Thank you very much, Steve. Glad Jennifer took good care of you.

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Response from the owner:Casey, thank you and so glad Andrew served you well.

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Response from the owner:Thank you so much, Brian. Sorry you went through all of that, but glad we were able to help.

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Response from the owner:Jennifer, thank you and glad Jennifer was able to help you and kept you updated.

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Going through the divorce process can be overwhelming, exhausting and emotionally draining.
I did my homework to find the perfect lawyer to represent me knowing I could have peace of mind throughout the process.
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Response from the owner:Lesia, glad Leilani and Dani took such good care of you.

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Response from the owner:Belynda, thank you for your kind words.

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Sole Legal Child Custody v. Joint Legal Child Custody: What a Utah Therapist Should Know

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