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Divorce Online<br>Related Legal Information  

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Utah divorce - child custody.

Joint or sole child custody is determined according to the best interests of the child and after a consideration of the following factors:
(1) the past conduct and moral standards of the parents; (2) the welfare of the child; (3) the child's preference if the child is at least 12 years of age; (4) which parent is likely to act in the best interests of the child; and (5) 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 custody of the children. If there is an allegation of child abuse by either spouse, the court must order an investigation by the Division of Family Services or the Utah Department of Human Services. Joint custody may be ordered if:
(1) it will be in the best interests of the child and (2) both parents agree to joint custody; or (3) both parents appear capable of implementing joint custody; and it is based upon a consideration of the following factors:
(1) whether the physical, psychological, or emotional needs and development of the child will benefit; (2) 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; (3) whether each parent can encourage and accept a positive relationship between the child and the other parent; (4) whether both parents participated in child-rearing before the filing of the divorce; (5) the geographical proximity of the homes of the parents; (6) if the child is of sufficient age and maturity, the preference of the child; (7) the maturity of the parents and their willingness and ability to protect the child from conflict that may arise between the parents; and (8) any other factor that the court finds relevant. The court may not discriminate against a parent with a disability when considering custody issues. The court may order that dispute resolution be attempted prior to any enforcement or modification of custody terms. There are also advisory visita
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Utah Political Capitol
HB 35 – Parent-Time Schedule Amendments, sponsored by Representative Lowry Snow (Republican – St. George), urges the court to increase non-custodial parent time from 110 to at least 145 days per year. Utah is one of the first states to pass such ...
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