To have child custody is to have the power to make decisions and care for a minor. In Utah, when determining child custody, this may be a part of a divorce case, or it may be an entirely separate case. Utah’s divorce laws control how much custody works with married and unmarried couples. (See Utah Code Section 30-3-10 for a more complete list, as some factors may not be relevant to your case.)

Best Interest Factors

When making custody decisions, the court must order what is in the child’s best interest, even when both parties have reached a prior agreement. Generally, joint legal custody is assumed to be in the children’s best interest unless:

• • One or more of the children require special needs (physically, emotionally, educationally, medically, etc.)

• • The parents live far apart. 

• • Custody and parent-time would endanger the child’s health or physical, or psychological  safety. 

• • There is evidence of domestic violence, neglect, or physical/emotional abuse of a household member.

• • Other factors that the court considers relevant. 

General Factors

General Factors that the court may consider when determining a child’s best interest are listed below. 

• • Financial responsibility.

• • Past conduct and demonstrated moral character. 

• • Emotional stability. 

• • Inability to function as a parent because of a drug abuse, excessive drinking, or other causes.

• • Understanding of, responsiveness to, and ability to meet the developmental needs of the child, including the child’s:
    • Physical needs.
    • Emotional needs.
    • Educational needs. 
    • Medical needs.
    • Any special needs. 

• • Interaction and relationship with stepparents, extended family members, or other individuals who may significantly affect the child’s best interests. 

• • Stated wishes and concerns (taking into consideration the child’s cognitive ability and emotional maturity).

• • Bond with each parent, and the strength of that bond. 

• • Who has been the primary caretaker of the child. 

• • Previous parenting arrangements in which the child has been happy and well-adjusted in the home, school, and community.

• • The relative benefit of keeping siblings together.

• • Any other factor the court finds relevant. 

When Considering the Factors, the Court

• • Cannot discriminate against a parent based off of their gender. 

• • Cannot treat a parent that lawfully uses medical cannabis any differently than the court would treat a parent that has lawful possession or is in use of any prescribed controlled substance. 

• • Cannot discriminate against a parent based upon the parent’s agreement or disagreement with their minor child’s beliefs about gender identity.

• • • This includes:
      • If the child’s gender identity is different from the child’s biological sex, or
      • If the child expresses a different gender identity than the child’s biological sex.