Utah Child Custody Laws
Utah Child Custody Issues & Resources
Utah Child Custody
Utah child custody will be determined based upon the best interests of the child. In determining best interests, a Utah Court will consider the following:
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the past conduct and moral standards of the parents;
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the welfare of the child;
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the child's preference if the child is at least 12 years of age;
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which parent is likely to act in the best interests of the child; and
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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 child custody.
A Utah Court may order Joint custody if
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it will be in the best interests of the child; and
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both parents agree to joint custody; or
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both parents appear capable of implementing joint custody; and
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based upon a consideration of the following factors:
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whether the physical, psychological, or emotional needs and development of the child will benefit;
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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;
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whether each parent can encourage and accept a positive relationship between the child and the other parent;
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whether both parents participated in child rearing before the filing of the divorce;
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the geographical proximity of the homes of the parents;
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if the child is of sufficient age and maturity, the preference of the child;
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the maturity of the parents and their willingness and ability to protect the child from conflict that may arise between the parents; and
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any other factor that the court finds relevant.
The Utah child custody statute contains advisory guidelines for visitation schedules, broken down by age of the child.
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