Child Custody Laws in Utah

The court decides custody and parent-time based on the child's best interests, proven by a preponderance of the evidence, considering a list of statutory factors about each parent and the child. There is a rebuttable presumption that joint legal custody is in the child's best interest, except where there is evidence of domestic violence, neglect or abuse, special needs making it unreasonable, distance between homes, or other relevant factors. The court may consider a child's wishes, which are not controlling; the wishes of a child 14 or older are given added weight but are not the single controlling factor.

While a divorce or modification case is pending, a party can file a Motion for Temporary Orders (Utah Rule of Civil Procedure 106) covering custody, parent-time and support. In a modification case, the existing custody order stays in place unless a party shows an exception, including immediate harm where the court must step in quickly, such as new evidence of abuse or severe neglect, a sudden drug or alcohol problem that makes the child unsafe, or a parent threatening to run away with the child. In a divorce with children, the court cannot hear a temporary custody or parent-time motion until parenting class certificates are filed. Forms depend on the judicial district and whether a commissioner or judge hears the case.

Yes. Parties with minor children must attend a divorce orientation course (at least one hour; no more than $30, or $15 if a live class is taken within 30 days) and a mandatory parenting course. The petitioner must attend within 60 days after filing and the respondent within 30 days after being served. The court generally will not hear motions until the moving party completes the courses, and cannot grant the decree until both parties file certificates of completion, unless the court waives the requirement. People who cannot pay may attend free with an affidavit of indigency. If contested issues remain after the response is filed, the parties must also attend at least one mediation session unless excused for good cause.