Divorce
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Utah Child Custody Laws: A Plain-English Overview

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

Short answer: Utah courts decide custody based on the child's best interests. Custody has two parts — legal custody (who makes major decisions) and physical custody (where the child lives) — and either can be sole or joint. There is a rebuttable presumption that joint legal custody is in the child's best interest (Utah Code § 81-9-205), but no preference for or against joint physical custody, and no preference for either parent because of gender. Utah's divorce laws govern custody even for parents who were never married.

Who this guide is for

Utah parents who want one place that explains the rules, with links to deeper guides on each step.

The two kinds of custody

  • Legal custody — the right to make important decisions about the child, such as education and healthcare.
  • Physical custody — where the child lives. Under § 81-9-102, joint physical custody means the child stays overnight with each parent for more than 30% of the year, and both parents contribute to the child's expenses in addition to paying child support. Utah Courts describes this as at least 111 nights a year with each parent.

Common arrangements Utah Courts lists: sole legal and sole physical; joint legal and joint physical; joint legal and sole physical (the child lives with one parent more than 255 nights a year); and split custody (each parent has sole physical custody of at least one child). See Physical vs. Legal Custody in Utah: What's the Difference.

The rules that shape every case

  1. Best interests of the child, even when the parents agree.
  2. Joint legal custody is presumed to be in the child's best interest unless there is domestic violence, neglect, or abuse; special needs that make it unreasonable; physical distance that makes joint decisions impractical; or another relevant factor. The presumption can be rebutted by a preponderance of the evidence.
  3. No presumption for or against joint physical custody, and the court may name a primary residence.
  4. No gender preference.
  5. Frequent, meaningful, and continuing access to each parent is in the child's best interest, absent a showing of real harm or substantiated potential harm to the child.
  6. Domestic violence evidence must be considered, and a cohabitant abuse protective order is considered evidence of harm.
  7. The child's wishes count, with added weight for a child 14 or older, but they aren't controlling.

For the factor list, see How Utah Courts Decide Custody: The Best-Interest Factors. If you want sole custody, see How to Get Sole Custody in Utah: What 'Full Custody' Really Requires.

Starting a custody case

A parent who wants joint legal custody files a proposed parenting plan. For custody cases started on or after May 1, 2024, both parents must take a required parenting class.

Parent-time

The parent who doesn't have the child most of the time usually gets parent-time (visitation). If parents can't agree on a schedule, state law sets minimum parent-time schedules by the child's age. See How to Modify Utah Parent-Time.

Orders while the case is pending

Either parent can ask for a temporary order on custody, parent-time, or child support. Genuine emergencies involve a different tool — a temporary restraining order, lasting up to 14 days. See Temporary Orders During a Utah Divorce and Emergency and Temporary Custody Orders in Utah: What Your Options Are.

Moving and changing the order

  • Relocating 150 miles or more with a child under an existing order requires notice and can be contested. See Relocating With Children After a Utah Custody Order.
  • Changing custody requires a substantial material change in circumstances and a showing that the change serves the child's best interests. See How to Modify a Utah Custody Order.
  • Enforcing an order that isn't being followed is done by a motion to enforce, which can lead to money judgments, extra parent-time, or contempt.

Child support

Child support follows custody and each parent's income. See Utah Child Support: How It's Calculated.

Frequently asked questions

Does Utah favor mothers in custody cases?

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

Is joint custody the default in Utah?

Joint legal custody is presumed to be in the child's best interest, subject to rebuttal. There is no presumption either way for joint physical custody.

What counts as joint physical custody?

The statute says the child stays overnight with each parent more than 30% of the year (and both parents contribute to expenses); Utah Courts describes it as at least 111 nights a year.

Can unmarried parents get custody orders?

Yes, through a parentage (custody) case, which can also address paternity, child support, and parent-time.

At what age can a child choose?

There's no age at which a child decides. The court may consider the child's wishes, with added weight for a child 14 or older, but they aren't controlling.