Custodia

There are many factors that a judge must consider and additional factors that a judge may consider when deciding custody and parent-time. However, there are also factors that a judge is not supposed to consider or is not supposed to “hold against” a parent.

If you have a disability, a judge can’t deny you custody just because of your disability. S/he can consider your disability only if it “significantly or substantially” prevents you from providing for your child’s needs and you don’t have enough of a support system, money, or resources to help you.¹

In addition, when the judge is evaluating a parent’s past behavior or moral character, the judge can’t:

• treat the parent’s possession or use of legal medical marijuana differently than having any other prescription medication;
• discriminate against a parent for being a medical marijuana cardholder or working in the medical marijuana industry;² or
• discriminate against a parent based on whether they agree or disagree with the child’s:

• statement that his/her gender identity is different from his/her biological sex;
• practice of expressing a gender identity that’s different from his/her biological sex; or
• sexual orientation.³

¹ Utah Code § 81-9-204(6)
² Utah Code § 81-9-204(9)(a)
³ Utah Code § 81-9-204(9)(b); see Utah Code § 34A-5-102 for the legal definition of gender identity for this purpose