Child Custody & Visitation Blog

Guidelines and laws for Utah child custody are found in Chapter 3 of Title 30 in the Utah Code. Here are some of the highlights from these laws, in particular, the laws that affect how parents should make a Utah parenting plan.

Chapter 3, Section 10

When deciding anything about custody, including the Utah custody agreement, the court considers the best interest of the child. When determining what is best for the child, the court considers: the past conduct and demonstrated moral standards of each of the parties; which parent is most likely to act in the best interest of the child, including allowing the child frequent and continuing contact with the noncustodial parent; and the extent of bonding between the parent and child, meaning the depth, quality, and nature of the relationship between a parent and child.

Chapter 3, Section 10.2

The state considers joint custody in every custody situation. This doesn’t mean that there is a specific joint Utah custody schedule that must be put in place. Rather it means that both parents are involved with raising the child. This can be through sharing legal or physical custody. When determining if joint custody is best for the children, the court considers:

• whether the physical, psychological, and emotional needs and development of the child will benefit from joint legal or physical custody;
• the ability of the parents to give first priority to the welfare of the child and reach shared decisions in the child’s best interest;
• whether each parent is capable of encouraging and accepting a positive relationship between the child and the other parent, including the sharing of love, affection, and contact between the child and the other parent;
• whether both parents participated in raising the child before the divorce;
• the geographical proximity of the homes of the parents;
• the preference of the child if the child is of sufficient age and capacity to reason so as to form an intelligent preference as to joint legal or physical custody;
• the maturity of the parents and their willingness and ability to protect the child from conflict that may arise between the parents;
• the past and present ability of the parents to cooperate with each other and make decisions jointly;
• any history of, or potential for, child abuse, spouse abuse, or kidnaping; and
• any other factors the court finds relevant.

Utah law makes it very clear that it is usually best for the child to have both parents involved. A Utah visitation schedule needs to reflect this standard and give adequate time to both parents.