Custody

A judge will make the custody and parent-time arrangement that s/he thinks is in your child’s “best interests.”¹

According to Utah law, a judge must consider the following factors for both parents:

1. any evidence of domestic violence, physical abuse, or sexual abuse involving the child, the parent, or others in the parent’s home; ²
2. whether either parent purposely let the child see pornography or material harmful to minors; and
3. whether allowing custody and parent-time would put the child’s health or physical or psychological safety at risk.³

A judge may also consider the following factors:

1. evidence of psychological mistreatment, which means a repeated pattern or an extreme incident that:
   
   • purposely interferes with a child’s basic psychological needs, such as the need for physical and emotional safety, mental stimulation, and respect;
   • sends the message that the child is worthless, defective, or unimportant (expendable); and
   • could terrorize a child;⁴
2. how well they understand, respond to, and can meet the child’s needs, including physical, emotional, educational, and medical needs, and any special needs the child has;
3. parenting skills;
4. how well they each can co-parent by looking at if the parents:
   
   • communicate appropriately with each other;
   • encourage their child to have a loving relationship with the other parent; and
   • allow their child to have “frequent and continuous contact” with the other parent; however, the judge can take into account if one parent doesn’t allow contact with the other parent because s/he is trying to protect the child from domestic violence, abuse, or neglect;
5. their ability to care for the child themselves (“personal care”) instead of having someone else take care of the child (“surrogate care”);
6. past behavior and moral character;
7. emotional stability;
8. whether their parenting ability is affected by drug or alcohol abuse or another reason;
9. whether either parent has given up custody or parent-time before and, if so, the reasons why;
10. how much each parent really wants custody or parent-time;
11. whether either parent has “religious compatibility” with the child;
12. financial responsibility;   
13. how the child gets along with step-parents and extended family members;
14. which parent has been the child’s primary caretaker;
15. what the past parenting arrangements were during a time when the child was happy and well-adjusted at home, at school, and in the community;
16. whether the child will be kept together with his/her siblings;
17. the child’s wishes and concerns, taking into account his/her mental ability and emotional maturity;
18. the child’s relationship with each parent; and
19. any other factor the judge thinks is relevant.⁵

For additional information, see What factors is a judge not supposed to consider when deciding custody and parent-time?

¹ Utah Code § 81-9-204(1)
² Utah Code § 81-9-204(3)(a), (9)(a)
³ Utah Code § 81-9-204(3)(b), (3)(c)
⁴ Utah Code §§ 81-9-204(4)(a); 81-9-101(10)
⁵ Utah Code § 81-9-204(4)(b)-(q)

In Utah, there is what’s called a “rebuttable presumption” in favor of joint legal custody. This means that a judge usually will assume that joint legal custody is in your child’s best interest. However, you can try to present evidence in court to change the judge’s mind.¹

There are some situations when a judge will assume that joint legal custody is not in your child’s best interests, including if:

• there is evidence of domestic violence, neglect, or physical, sexual, or emotional abuse involving your child, you, or others in your home;
• either you, the other parent, or your child has special physical or mental needs that make joint legal custody unreasonable;
• you and the other parent live far away from each other and can’t practically make joint decisions; or
• there is another reason the judge believes joint custody is not in your child’s best interest.¹

¹ Utah Code § 81-9-205(2)