Child Custody

• Legal custody is about who has the right to make important decisions about the children.
• Physical custody is about where the children live.

Utah recognizes several custody arrangements for minor children. These include:

Sole legal and sole physical

Either parent can be awarded sole custody of the children. This means the children live with one parent and that parent makes major decisions about the children’s lives.

The non-custodial parent will usually have parent-time with the children. For more information, see the section on parent time.

Joint legal and joint physical

With this arrangement, the children live with both parents. Both parents make important decisions about their children. Joint custody works best when both parents communicate well together.

Joint legal custody means both parents work together to make decisions about major issues affecting the children. These issues may include what religion (if any) the children will be raised in, whether the children should receive medical treatment or undergo a major medical procedure, where the children will go to school, and permission to get a tattoo, get married or join the military before age 18. Joint legal custody does not affect the children’s residence.

Joint physical custody means the children live at least 111 nights a year in the home of each parent. Joint physical custody works best when both parents live in the same general area.

Joint legal and sole physical

In this arrangement, children live with one parent over 225 nights per year. The other parent has regular parent-time, but both parents make important decisions about their children.

Split custody

This arrangement means that each parent is awarded the sole physical custody of at least one of the children when there is more than one child. Legal custody of the children by the non-custodial parent may or may not be shared as ordered by the court.

Best interest factors

The court must order what is in the children’s best interests when making custody and parent-time decisions. This is true even when parties agree.

Joint legal custody assumed to be in children’s best interests

Joint legal custody is assumed to be in the children’s best interests unless:

• one or more of the children have special needs,
• the parents live far apart,
• there is domestic violence, neglect, physical abuse, or emotional abuse involving one of the children, a parent, or a household member of the parent, or
• there is some other factor the court considers relevant.

A party can overcome this assumption. They must show that sole legal custody would be in the children’s best interests.

There is not a similar assumption about joint physical custody.

General factors

The court examines many factors to determine the children’s best interests. General factors are listed below but for a more complete list see Utah Code Section 30-3-10. Some might not be relevant in your case.

The court considers the parents’:

• moral and financial conduct
• history and nature of their relationship with their children
• ability and desire to care for the children,
• willingness to allow frequent and continuous contact between the children and the other parent, but the court will consider a parent’s protective actions if the parent is acting to protect the children from domestic violence, neglect, or abuse.

And considers the children’s:

• relationship with extended family members of other individuals who may significantly affect the child’s best interests

The court also considers:

• evidence of domestic violence, neglect, physical, sexual or emotional abuse involving the child, parent or a household member of the parent
• the relative benefit of keeping siblings together
• any other factor the court finds relevant.

Additionally, the court can consider the children’s desires. However, their desires are not controlling. The court gives added weight to the desires of children who are at least 14 years old, but this is still only one factor.

The judge does not give either parent a preference due to the parent’s gender.

Learn more about Child Custody in Hurricane Utah by reading below.

Factors for joint legal, joint physical, or both

If the court is considering joint legal custody, joint physical custody, or both, it will also consider these factors: whether joint legal custody or joint physical custody will benefit the children

• the parents’ ability to give first priority to the children’s welfare and reach shared decisions in the children’s best interest
• co-parenting skills, including:
  • ability to appropriately communicate with the other parent;
  • ability to encourage the sharing of love and affection
• the distance between the parents’ homes
• the parents’ maturity and their willingness and ability to protect the child from conflict that may arise between the parents, and
• the parents’ ability to cooperate with each other and make decisions jointly.
• See Utah Code Section 30-3-10 and 30-3-10.2 for a more complete list of factors.

Parent-time

Parent-time, also known as “visitation,” means the time the non-custodial parent spends with a child. When parents cannot agree on a parent-time schedule, state law provides for a minimum parent-time schedule:

• Children 5-18 (Utah Code Section 30-3-35)
• Children under 5 (Utah Code Section 30-3-35.5)
• Children 5-18 (optional schedule) (Utah Code Section 30-3-35.1)

The court can order any schedule that is appropriate for the children and the parents and in the children’s best interests using the factors in Utah Code Section 30-3-34 and any other factors the court finds relevant. When one or both parents are service members or are thinking about joining the armed services, there are other considerations. See Utah Code Section 30-3-33(19).

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We are proud to provide our clients with the compassionate legal representation they deserve. We know what is at stake and can help you avoid costly litigation, heated disputes, emotional battles, and unnecessary expenses. Get in touch with our family lawyers today to learn how we can help you with Child Custody in Hurricane Utah