National and state banks and thrifts have long provided safekeeping and custody services, including both physical objects and electronic assets. The OCC has specifically recognized the importance of digital assets and the authority for banks to provide safekeeping for such assets since 1998. In the letter published today, the OCC concludes that providing cryptocurrency custody services, including holding unique cryptographic keys associated with cryptocurrency, is a modern form of traditional bank activities related to custody services. Crypto custody services may extend beyond passively holding "keys."
In Utah, custody may be a separate case or part of a case for divorce, separate maintenance, temporary separation, annulment, parentage, adoption, neglect and dependency, or termination of parental rights. Depending on the type of case, a custody order can come from a district court or a juvenile court.
Utah's divorce laws control how custody works, even if the parties were never married. Most orders award custody to one or both parents of the minor child. However, a custody order may award custody to another adult, like a grandparent.
Joint legal custody means both parents work together to make decisions about major issues affecting the children. These issues may include what religion (if any) the children will be raised in, whether the children should receive medical treatment or undergo a major medical procedure, where the children will go to school, and permission to get a tattoo, get married, or join the military before age 18. Joint legal custody does not affect the children's residence.
This arrangement means that each parent is awarded the sole physical custody of at least one of the children when there is more than one child. Legal custody of the children by the non-custodial parent may or may not be shared as ordered by the court.
If the parents agree to any form of joint legal custody or joint physical custody, they must file a parenting plan. The court will have to determine that the joint custody arrangement is in the children's best interests. See the Parenting Plans web page for more information.
A custody and parent-time order can include arrangements for when a parent relocates. If an order does not include arrangements for when a parent relocates, Utah law has a process for this. Either parent can request an order when one of the parents plans to move 150 miles or more from the residence of the other parent.
The parties may request a custody evaluation prepared by a professional evaluator. The judge can order a custody evaluation even without a motion from a party. A custody evaluation may be expensive and the cost is often split between the parties. For more information, see Rule 4-903 and our pages on Custody Evaluation and Child Custody and Parent-Time.
Either party may petition the court to modify a custody order or a parent-time order. They must show there are substantial material changes in circumstances since the order was issued and if the modification would be in the best interests of the children. For information and forms, see our webpages on Modifying Custody and Modifying Parent-Time.
Parents who want to obtain custody or visitation orders must first decide which type of family law case they need to open. If you are not married to the other parent and parentage has not been legally established, you will complete a Parentage case. (See item A. below.)
If you are not married to the other parent and you both signed a Voluntary Declaration of Paternity for each child, OR you are married to the other parent and do not wish to file for divorce, legal separation or nullity, you will complete a Custody and Support case. You can open this type of case even if you only want child custody/visitation orders at this time. (See item B. below)
Attorneys do not attend mediation sessions through the Custody Mediation Program. However, it is recommended that anyone with a child custody or visitation case consult an attorney to learn about their legal rights and obligations, and to review the draft of the Parenting Agreement, even if the case does not go to trial.
Yes. Once a judge signs it, your Parenting Agreement becomes a court order. The agreement then has the same legal effect as if the judge had decided the custody case after a trial. Once the order is signed, the parties cannot change it without additional court action. Parties can be held in contempt of court for violating the signed Parenting Agreement.
In some situations, grandparents or other third parties may file a claim for child custody. All parties to the case, including nonparents, must attend mediation. It is especially important for anyone involved in a case with a nonparent to contact an attorney for more information about their rights and obligations.
A parent, grandparent or a person with a substantial connection or relationship with the child may file a petition in Family Court requesting that the court place the child in his or her custody. A copy of the petition and a summons must be served upon (delivered personally to) the person or parties who presently have custody of the child. If the child's parents are separated and one parent seeks a custody order, that parent must have the papers served upon the other parent. If a non-parent is seeking custody of the child, then both of the child's parents must be served.
If the parties agree about custody of the child, the judge may take testimony from both parties and enter an order of custody on consent, without the need for a formal hearing. If the parties cannot reach an agreement about custody, the court will hold a hearing, taking testimony from both sides, and may appoint a lawyer to represent the child. The court may order an investigation and report from a social services agency or mental health professional. After considering the evidence presented, the court will award custody based upon what is in the child's best interests.
A parent seeking to visit with a child may file a petition in Family Court against the person or persons who have custody of the child. Custody and visitation matters are often heard together within the same hearing, but a visitation petition may also be filed as a separate matter. Other family members, such as grandparents or siblings, may also file a petition seeking an order of visitation. The court will order visitation if it is in the child's best interests.
The parties to custody and visitation matters may represent themselves or hire lawyers. In some cases, when a party cannot afford to hire a lawyer, the judge may appoint a lawyer at no cost. The judge may also appoint a lawyer to represent the child; this lawyer is called the "Attorney for Child."
Either party may file a petition to have a custody or visitation order modified (changed). The party seeking to have the order modified must prove that there has been a substantial change of circumstances since the original order was issued. The court holds a hearing to determine if a change is in the child's best interests.
If a court order gives certain custody or visitation rights to a party and the other party fails to obey the order, the complaining party may file a petition alleging a violation of the order. After the court holds a hearing, the judge may change the order and/or impose sanctions on the party who has failed to comply with the order.
Judges make decisions about child custody based on whatever they think is in the best interests of the child. States have different rules and guidelines as to what factors the judge will consider when deciding what is in the best interests of the child.
If you and your child recently moved to a new state, you may not be able to file for long-term custody in that new state until you have lived there for at least six months, though you may be able to file for emergency jurisdiction. Also, if there is a prior court order for custody, then you may have to file in that same court to change the custody order as long as one parent still lives in that state. We strongly suggest getting advice from an attorney about your particular situation.
If there is more than one state involved - for example, if the child has moved across state lines, or if the other parent is in a different state or tribal jurisdiction - then custody cases can be more complicated. In these cases, state, federal, and tribal laws may govern which court can hear your custody case. Therefore, as in all custody cases, it is very important that you find a knowledgable lawyer.
If you are trying to get temporary emergency custody in a new state you have moved to, it might depend on what state you are filing in. All states except for Massachusetts (and Puerto Rico) follow the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA). Under the UCCJEA, you can file for temporary emergency custody in a state other than the home state if:
Getting emergency custody is difficult, so please talk to a lawyer before you file with the clerk of court. You may also want to talk to a domestic violence advocate about your options and for help in finding a lawyer.
Under certain circumstances, there may be other ways to file for custody. Please talk to a lawyer about this. Go to our Finding a Lawyer page for legal referrals. Also, if you have a custody case involving more than one state (or if you are considering relocating to another state) and there is a history of domestic violence, you may call the Legal Resource Center on Violence Against Women at 301-270-1550 for information and referrals.
If you are not comfortable with the abuser being alone with your child, you might be thinking about asking the judge to order that visits with your child be supervised. If you are already in court because the abuser filed for visitation or custody, you may not have much to lose by asking that the visits be supervised if you can present a valid reason for your request (although this may depend on your situation).
However, if there is no current court case, please get legal advice BEFORE you start a court case to ask for supervised visits. We strongly recommend that you talk to an attorney who specializes in custody matters to find out what you would have to prove to get the visits supervised and how long supervised visits would last, based on the facts of your case.