When parents can't agree on custody, a Utah judge will decide — using a framework centered entirely on one standard: the best interests of the child. Understanding what courts actually look for can help you present the strongest case for your family.
Two Types of Custody
Physical Custody
Physical custody determines where the child lives day-to-day. Utah courts often award joint physical custody — where both parents share meaningful time with the child — but one parent may be designated the primary physical custodian if the circumstances support it.
Legal Custody
Legal custody is the right to make decisions about the child's education, healthcare, religious upbringing, and extracurricular activities. Joint legal custody (both parents share decision-making) is the default in Utah unless there's a compelling reason otherwise.
The 14 Factors Utah Courts Weigh
Utah Code § 30-3-10 directs courts to consider all relevant factors, including these 14:
What Courts Look For
Courts aren't looking for the "perfect" parent — they're looking for the parent who can best support the child's overall wellbeing, including the child's relationship with the other parent. A parent who actively undermines the other parent's relationship with the child will be viewed negatively.
Key insight: One of the most important factors is each parent's willingness to facilitate a healthy relationship between the child and the other parent. Demonstrating this — in your words and your actions — matters enormously to the court.
Does the Child Get a Say?
Yes — but it depends on the child's age and maturity. Utah courts will consider a child's preference, and older teenagers' preferences are given more weight. However, a child's preference is just one of 14 factors, not a deciding one. Courts are careful to ensure children aren't manipulated into expressing a preference by one parent.
How to Prepare Your Case
Strong custody cases are built on evidence and documentation. Consider keeping a log of:
- Your involvement in school events, appointments, and activities
- Your communication with the other parent (text, email)
- Instances where the other parent was unavailable or missed time
- The child's routine in your home — meals, homework, bedtime
This isn't about building a case against the other parent — it's about demonstrating your active, positive presence in your child's life.
Parenting Plans in Utah
Courts require parents to submit a proposed parenting plan. A well-crafted plan includes a regular schedule, holiday and vacation arrangements, decision-making procedures, and a dispute resolution process. The more thoughtful and realistic your plan, the more credibility you'll have before the court.
Every custody situation is unique. If you're navigating a custody dispute — or trying to reach an agreement before going to court — I'm happy to talk through your options in a free consultation.