How Utah Courts Decide Child Custody and Parent-Time
Child custody can be one of the most emotional and difficult aspects of a divorce or separation. Whether you’re seeking full custody or working to create a balanced parent-time schedule, it’s important to understand how Utah courts make these decisions — and what you can do to protect your parental rights.
Here’s what you need to know.
Legal vs. Physical Custody in Utah
Utah law divides custody into two types:
Legal custody: the right to make decisions about your child’s education, healthcare, religion, and general welfare.
Physical custody: where the child lives and how much time they spend with each parent.
Custody can be sole (one parent) or joint (shared between both parents). Parent-time refers to the actual schedule of visits and overnights when a child is not in the primary parent’s care.
What Courts Consider When Deciding Custody
Utah courts are guided by the best interests of the child standard. Judges evaluate many factors under Utah Code § 81-9-204 and § 81-9-205, including:
The child’s relationship with each parent
Each parent’s ability to care for the child
Emotional, psychological, and developmental needs of the child
The child’s preference (especially if age 14 or older)
Any history of domestic violence or substance abuse
Willingness of each parent to co-parent and encourage a relationship with the other parent
There’s no automatic preference for mothers or fathers — the focus is entirely on what’s best for the child.
Minimum Parent-Time Schedules
If parents cannot agree on a schedule, the court may order the statutory minimum parent-time under Utah Code § 81-9-302, which outlines a standard schedule depending on the child’s age.
Parents are encouraged to create a custom schedule that fits their child’s needs — and courts often approve these if both parties agree.
Modifying Custody and Parent-Time
Custody and parent-time orders are not set in stone. When significant changes occur — such as a parent relocating, remarrying, or a child’s needs evolving — you may be eligible to petition the court for a modification.
To succeed, you must show a material and substantial change in circumstances that has arisen after the original custody order was issued. Courts will not consider factors that existed before or during the initial order. In addition, the proposed change must be shown to be in the best interest of the child.
How Jeremy Miller Can Help
Jeremy Miller has helped parents throughout Utah County and Salt Lake County create custody plans that work — and advocate for their rights when agreements break down.
Whether you are establishing custody for the first time or seeking to enforce or modify an existing order, Mr. Miller provides clear, experienced guidance every step of the way.
Need Help with a Custody Case in Utah?
Custody disputes can be emotional, stressful, and high-stakes. Don’t navigate them alone. Jeremy Miller is here to help you understand your rights and fight for your child’s best interests.