Custody

A judge will make the custody and parent-time arrangement 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; Note: A judge must consider evidence of domestic violence if you present it;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 for both parents:

1. evidence of psychological maltreatment, which means a repeated pattern or an extreme incident of caretaker behavior 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 expendable; and
   • could terrorize a child;⁴
2. how well both parents 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. the parenting skills of both parents;
4. how well you each can co-parent by looking at if you and the other parent: 
   • communicate appropriately with each other;
   • encourage your child to have a loving relationship with the other parent; and
   • allow your child to have “frequent and continuous contact” with the other parent; however, if you don’t allow contact with the other parent because you are trying to protect your child from domestic violence, abuse, or neglect, the judge may consider that;
5. both parents’ ability to care for the child themselves (“personal care”) instead of having someone else take care of him/her (“surrogate care”);
6. past behavior and moral character;
7. emotional stability;
8. whether either parent can’t act as a parent because of drug abuse, drinking too much, 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 stepparents and extended family members;
14. who has been the child’s primary caretaker;
15. what were the past parenting arrangements during a time when the child was happy and well-adjusted at home, at school, and in the community;
16. whether your child will be kept together with his/her siblings;
17. your child’s wishes and concerns, taking into account his/her mental ability and emotional maturity;
18. your child’s relationship with you compared to his/her relationship with the other parent; and
19. any other factor the judge thinks is relevant.⁵

Note: 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.⁶

Note: When the judge is looking at a parent’s past behavior or moral character in #4 or any other factor, the judge can’t treat the parent’s possession or use of legal medical marijuana differently than having any other prescription medication. The judge also can’t discriminate against a parent for being a medical marijuana cardholder or working in the medical marijuana industry.⁷  

Note: When the judge is looking at a parent’s past behavior or moral character in #4 or any other factor, the judge also can’t 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; or
• practice of expressing a gender identity that’s different from his/her biological sex.⁸

¹ UT ST § 81-9-204(1)
² UT ST § 81-9-204(3)(a), (9)(a)
³ UT ST § 81-9-204(3)(b), (3)(c)
⁴ UT ST §§ 81-9-204(4)(a); 81-9-101(9)
⁵ UT ST § 81-9-204(4)(b)-(q)
⁶ UT ST § 81-9-204(6)
⁷ UT ST § 81-9-204(9)(a)
⁸ UT ST § 81-9-204(9)(b)