Utah Custody & Parent-Time
Current, source-linked Utah terminology and rules without imported out-of-state formulas.
Utah terminology
Legal custody
The right to make major decisions (education, health, religion).
Physical custody
Where the child lives.
Parent-time
The schedule of time each parent spends with the child.
Best interests
The standard; decided by a preponderance of the evidence (Utah Code 81-9-204).
Core rules
- Utah uses 'custody' (legal/physical, sole/joint) plus 'parent-time'
- The court considers the child's best interests by a preponderance of the evidence (Utah Code 81-9-204)
- Joint legal custody is presumed in the child's best interest (Utah Code 81-9-205)
- Joint physical custody = child spends at least 111 nights a year with each parent
- Sole physical custody = child spends over 255 nights a year with one parent
- No preference to mother over father (or vice versa) based on gender
- Parenting classes are required for parents with minor children
- Cases are heard in District Court
Support and modification cautions
Utah uses the Income Shares model (Utah Code Title 81, Ch. 6). Custody modification needs a substantial and material change in circumstances plus best interests; child support needs a substantial change (a 10%+ difference is a basis).
Always confirm current local forms, fees, and filing procedure with the clerk of the Utah District Court handling your case.