Court Discusses Legal Custody and Ambiguity in Child Care Decisions

July 26, 2025 | Utah Appellate Court Collection, Utah Family Law District Court Collection, Utah District Courts, Utah Judicial Branch, Utah


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Court Discusses Legal Custody and Ambiguity in Child Care Decisions
The recent Utah Court of Appeals hearing on the Duffin v. Duffin case raised significant questions regarding legal custody and the interpretation of custody agreements. The discussions centered on whether sending children to daycare during a parent's designated time constitutes a legal custody decision, which requires mutual agreement between both parents.

During the hearing, one party argued that the decision to send the children to daycare should be classified as a legal custody matter, emphasizing the need for both parents to discuss and agree on such decisions. This perspective highlights the importance of clear communication and collaboration in co-parenting arrangements. The opposing view suggested that the decision falls under day-to-day choices, which do not require the same level of agreement.

A key point of contention was the interpretation of the custody order, specifically the "right of first refusal" clause. The court examined whether this clause applied only to overnight situations or if it extended to daytime decisions as well. The ambiguity in the order raised questions about what constitutes contempt in this context, as one party sought to hold the other in contempt for unilaterally making decisions without consultation.

The court's eventual ruling will hinge on the interpretation of the custody agreement and the scope of the right of first refusal. If the trial judge determines that the right of first refusal applies only to overnight situations, the implications for daily custody decisions may be limited. Conversely, if the judge finds that it should encompass daytime decisions, it could significantly alter the dynamics of parental decision-making.

As the case progresses, the outcome will likely influence future custody arrangements and clarify the responsibilities of parents in similar situations. The court's decision will be pivotal in defining the boundaries of legal custody and the necessity for mutual agreement in parenting decisions.

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