Legal Question in Family Law in Utah
Are there any inherent legal implications (or practical implications / differences) between sole legal custody and joint legal custody (assuming joint physical custody for this question) in the event of the death of the parent with legal custody? I.e. would legal custody automatically revert to the other parent automatically until and if contested by some other party?
1 Answer from Attorneys
Legal custody refers to who has authority to make legal decisions regarding the child. If joint both parents make those decisions, if sole only one parent makes them. If the parent with sole legal custody died, the other parent generally would be the next custodial parent.
However, unless there is some serious consideration, there is no reason for a parent to give up legal custody.
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