CHILD CUSTODY

Utah recognizes legal custody and physical custody.

Legal custody covers major decisions like medical care, education, and religion. Utah presumes joint legal custody, though one parent may have final decision-making authority in less common cases.

Physical custody refers to the number of overnights each parent has. A parent with under 111 overnights is considered the non-custodial parent. Anything over 111 overnights is joint custody, which can range from a 50/50 physical split of time to expanded parent-time where one parent has about 145 overnights and the other about 220.

Custody decisions are based on the best interests of the child. Courts look at each parent’s ability to meet the child’s physical, emotional, educational, and medical needs, their parenting and co-parenting skills, their bond with the child, and the parents’ proximity to each other.

Child custody may be limited if there is domestic violence, abuse, or other safety concerns. When both parents are capable and live close enough, joint custody; including 50/50 in some cases, is common.

Yes. Custody can be modified by filing a petition to modify, but only if there has been a significant change in circumstances (such as relocation, substance abuse issues, or major changes affecting the child).

Temporary changes can also be ordered in emergencies where a child’s safety is at risk.

You can file a Motion to Enforce with the court. Courts can order compliance, award attorney’s fees, and in severe cases suspend or change custody. Even though the court aims to be corrective rather than punitive, ongoing violations, especially those that interfere with the other parent’s role, can result in serious consequences.

Parents generally have the right to decide who visits their child. However, grandparents may petition for visitation or custody if the parents are unfit, endangering the child, or if the grandparents have been acting in a parental role. The court will always look at the child’s best interest while balancing parental rights.