How to File for Custody in Utah: Married and Unmarried Parents

General information, not legal advice. Read the full disclaimer.

Short answer: Which case you file depends on your relationship to the other parent. If you're married, custody is decided as part of a divorce (or separate maintenance) case. If you're not married to the other parent, you file a custody case — called a parentage case in Utah Courts' tools — which can address paternity, custody, child support, and parent-time. A non-parent such as a grandparent who wants legal authority over a child generally looks at guardianship of a minor instead. In every route, the court decides custody based on the child's best interests.

Who this guide is for

A parent in Utah who needs a court order about where a child lives, who makes major decisions, and when each parent has time with the child — and isn't sure which case to start or how it works.

Step 1: Pick the right kind of case

Utah Courts notes that Utah's divorce laws govern custody even for parents who were never married. If paternity isn't established yet, the parentage case can handle that too; see Establishing Paternity in Utah.

Step 2: File in the right court

For a custody case, the petitioner files with a district court. Utah Courts says that if the children have lived in Utah for six months before filing, the case is generally filed in the district court of the county where the children live. Jurisdiction between states can get complicated, and the court recommends talking to a lawyer if it's unclear — especially if the child recently moved or another state has an order.

The parent who starts the case is the petitioner; the other parent is the respondent. You pay a filing fee when you file, and a fee waiver is available if you can't afford it. Check the current fee with the court.

When a custody case is filed, the court automatically issues a Domestic Relations Injunction. It takes effect for the petitioner on filing and for the respondent once they receive a copy; it covers things like money, insurance, travel, and communication with the other parent.

Step 3: Serve the other parent

The respondent must be served no later than 120 days after the petition is filed, and you must provide proof of service. After service, the respondent has 21 days to respond if served in Utah, or 30 days if served outside Utah. If they don't respond, the petitioner can ask for a default judgment, which can give the petitioner what they asked for without the other parent's side being heard. See How to File for Divorce in Utah Without a Lawyer for how service works in a domestic case.

Step 4: Classes, disclosures, and mediation

• Parenting class. For cases started on May 1, 2024 or after, both parents must take a required parenting class.
• Initial disclosures. After an answer is filed, both parties exchange initial disclosures, including a Financial Declaration.
• Mediation. The court may order mediation, where a neutral person helps the parents try to reach an agreement. Parents who agree can file a stipulation and a parenting plan.
• Case management conference. The court sets dates for disclosures, mediation, and trial.

Step 5: Temporary orders while the case is pending

Either parent can request a temporary order on custody, parent-time, or child support while the case is pending. Temporary orders last until the main case ends, and if an arrangement is working well the judge may keep it as the final order. See Temporary Orders During a Utah Divorce and Emergency and Temporary Custody Orders in Utah: What Your Options Are.

What the court decides

Utah Courts describes custody in two parts: legal custody (who makes major decisions) and physical custody (where the child lives). Common arrangements include sole legal and sole physical custody, joint legal and joint physical custody (the child lives at least 111 nights a year with each parent, per Utah Courts), joint legal with sole physical custody, and split custody. Under Utah Code § 81-9-205, there is a rebuttable presumption that joint legal custody is in the child's best interest, unless there is domestic violence, abuse, neglect, special needs, distance, or another relevant factor. A parent who wants joint legal custody files a proposed parenting plan.

For how the court weighs the factors, see How Utah Courts Decide Custody: The Best-Interest Factors and Physical vs. Legal Custody in Utah: What's the Difference.

If the parents can't agree

If there's no agreement, the parties may go to trial. A custody evaluation by a professional evaluator may be requested or ordered, and Utah Courts says the cost is often split between the parties.

After the order

• Child support is set based on the custody arrangement and each parent's income; the Office of Recovery Services can help collect it. See Utah Child Support: How It's Calculated.
• Appeals must be filed within 30 days after final entry of the parentage decree.
• Changes later require a substantial change in circumstances. See How to Modify a Utah Custody Order.
• Moves of 150 miles or more can be addressed in the order or by request; see Relocating With Children After a Utah Custody Order.

Frequently asked questions

Do I need to be married to ask for custody in Utah?

No. Unmarried parents can ask for paternity, custody, child support, and parent-time in a parentage case.

Can I file for custody without a lawyer?

Yes. The court's MyPaperwork tool builds the forms from an interview, and the court's Self-Help Center offers free help to people without lawyers.

How long does a custody case take?

Utah Courts' custody page doesn't give an overall timeframe; the length depends on whether the parents agree and whether mediation, evaluations, or trial are needed.

Is a parenting class required?

For cases started on or after May 1, 2024, both parents must take a required parenting class.

What if the other parent lives in another state?

Which state's court can decide custody can be complicated. Utah Courts recommends talking to a lawyer if jurisdiction is unclear.