Divorce
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How to Get Sole Custody in Utah: What 'Full Custody' Really Requires

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

Short answer: "Full custody" isn't a legal term in Utah. Courts talk about legal custody (who makes major decisions) and physical custody (where the child lives), and either can be sole or joint. Because Utah Code § 81-9-205 creates a rebuttable presumption that joint legal custody is in the child's best interest, a parent asking for sole legal custody has to show, by a preponderance of the evidence, that joint legal custody isn't in the child's best interest. Sole physical custody has no such presumption against it — the court has wide discretion — but the same best-interest factors apply.

Who this guide is for

A Utah parent who wants the child to live primarily with them, to make the major decisions alone, or both — and wants to understand what the court actually looks at.

What "sole custody" and "full custody" can mean

Utah Courts describes the main arrangements:

  • Sole legal and sole physical custody. One parent has the child and makes the major decisions. The other parent usually gets parent-time.
  • Joint legal and sole physical custody. Both parents share major decisions, but the child lives with one parent more than 255 nights a year, and the other has regular parent-time.
  • Joint legal and joint physical custody. The child lives at least 111 nights a year with each parent.
  • Split custody. With more than one child, each parent has sole physical custody of at least one.

When someone says "full custody," they usually mean sole physical custody, sole legal custody, or both. See Physical vs. Legal Custody in Utah: What's the Difference.

The presumption you have to overcome for sole legal custody

Under § 81-9-205(2), joint legal custody is presumed to be in the child's best interest except when there is:

  • evidence of domestic violence, neglect, physical abuse, sexual abuse, or emotional abuse involving the child, a parent, or a household member;
  • special physical or mental needs of a parent or child that make joint legal custody unreasonable;
  • physical distance between the parents' homes that makes joint decision-making impractical in certain circumstances; or
  • any other factor the court considers relevant, including the best-interest factors in § 81-9-204 and § 81-9-205(5).

A presumption for joint legal custody can be rebutted by showing by a preponderance of the evidence that it isn't in the child's best interest. Joint legal custody also doesn't mean equal time: the statute says it isn't based on awarding equal or nearly equal periods of physical custody, and the court can give one parent exclusive authority over specific decisions.

What courts weigh

The court decides custody based on the child's best interests, even when parents agree. The § 81-9-204 factors include:

  • Domestic violence. The court must consider evidence of domestic violence if it's presented, treats the safety and well-being of the child and the parent who experiences violence as primary, and considers a cohabitant abuse protective order as evidence of real harm or substantiated potential harm to the child.
  • Each parent's ability to function as a parent — including problems with drug abuse, excessive drinking, or other causes.
  • Who has been the primary caretaker and previous parenting arrangements in which the child was happy and well-adjusted at home, at school, and in the community.
  • Emotional stability, financial responsibility, and the depth and quality of the child's bond with each parent.
  • Willingness to allow contact with the other parent. Utah Courts lists this among the factors, with an exception if a parent is acting to protect the child from domestic violence, neglect, or abuse.
  • The child's wishes. The court may consider them, but they aren't controlling; the wishes of a child 14 or older get added weight.
  • Relative benefit of keeping siblings together, and the child's relationships with step-parents and extended family.

There is no preference for either parent based on gender, and no preference for or against joint physical custody.

Why the "frequent and continuing access" rule matters

The statute also says that, absent a showing by a preponderance of the evidence of real harm or substantiated potential harm to the child, it is in the child's best interest to have frequent, meaningful, and continuing access to each parent, and to have both parents actively involved. Practically, a parent seeking sole custody should expect to explain why the other parent's involvement should be limited, with specifics — not just why they'd be the better primary parent.

Building a case

  • Document concrete facts: who handles school, medical appointments, and daily routines; concerns about safety, substance abuse, or the other parent's ability to care for the child.
  • Keep records of any protective order or police reports. A cohabitant abuse protective order is something the court considers as evidence of harm. See How to File for a Protective Order in Utah.
  • Expect mediation and possibly an evaluation. The court may order mediation, and a custody evaluation by a professional evaluator may be requested or ordered; Utah Courts says the cost is often split.
  • File a parenting plan. A parent who wants joint legal custody files one; having a clear plan for how the child's time and decisions will work helps in any case.

Sole custody doesn't end the other parent's rights

The non-custodial parent usually gets parent-time, and if parents can't agree, state law sets minimum parent-time schedules by the child's age. A custody order can later be changed only on a substantial, material change in circumstances plus a showing that the change serves the child's best interests. See How to Modify a Utah Custody Order and How to Modify Utah Parent-Time.

Frequently asked questions

Is "full custody" a legal term in Utah?

No. The law uses legal custody and physical custody, each of which can be sole or joint.

Can I get sole custody if the other parent doesn't agree?

Possibly, but you'd have to show by a preponderance of the evidence that the court should not order joint legal custody, or that sole physical custody serves the child's best interest. The court decides based on the child's best interest, not on who agrees.

Does a mother automatically get custody in Utah?

No. The statute establishes no preference for either parent solely because of gender.

Do I need a parenting plan?

A parent who wants joint legal custody must file a proposed parenting plan. Utah Courts also lists parenting plans as part of custody cases generally.

Can a child choose which parent to live with?

The court may consider the child's wishes but they're not controlling; a child 14 or older's wishes get added weight.

What if there is domestic violence?

The court must consider evidence of domestic violence if presented, and treats the safety and well-being of the child and the victim parent as primary. A protective order issued under Title 78B, Chapter 7, Part 6 is considered evidence of real or potential harm.