Law Articles

Return to Law Dictionary Index

Utah Child Custody Laws

Utah child custody will be determined based upon the best interests of the child. In determining best interests, a Utah Court will consider the following:

• the past conduct and moral standards of the parents;

• the welfare of the child;

• the child's preference if the child is at least 12 years of age;

• which parent is likely to act in the best interests of the child; and

• which parent is likely to allow frequent and continuing contact with the other parent.

There is a presumption that a spouse who has been abandoned by the other spouse is entitled to child custody.

A Utah Court may order Joint custody if

• it will be in the best interests of the child; and

• both parents agree to joint custody; or

• both parents appear capable of implementing joint custody; and

• based upon a consideration of the following factors:

  • whether the physical, psychological, or emotional needs and development of the child will benefit;

  • the ability of the parents to give first priority to the welfare of the child and reach shared decisions in the child's best interests;

  • whether each parent can encourage and accept a positive relationship between the child and the other parent;

  • whether both parents participated in child rearing before the filing of the divorce;

  • the geographical proximity of the homes of the parents;

  • if the child is of sufficient age and maturity, the preference of the child;

  • the maturity of the parents and their willingness and ability to protect the child from conflict that may arise between the parents; and

  • any other factor that the court finds relevant.

The Utah child custody statute contains advisory guidelines for visitation schedules, broken down by age of the child.

Return to Family Law

Return to Law Dictionary Index