Child Custody in Utah (2026)

Utah’s Equal Parent-Time Presumption

Utah made a significant change to its custody landscape in May 2022 when the legislature enacted a rebuttable presumption of equal parent-time under Utah Code Section 30-3-10.2. This presumption means that courts begin with the assumption that substantially equal parent-time is in the child’s best interest. A parent seeking a different arrangement must present evidence sufficient to overcome this presumption.

This shift places Utah among a growing number of states that have moved toward shared parenting as the default starting point. However, the presumption is rebuttable — meaning the court can still order unequal arrangements when the evidence shows that equal time would not serve the child’s best interests. The best interests analysis under Section 30-3-10 remains the governing standard.

For a broader overview of custody frameworks, see our guide on child custody laws explained.

Types of Custody in Utah

Utah recognizes the following custody arrangements:

• Sole Legal Custody — One parent has the exclusive right to make all major decisions regarding the child’s health, education, and welfare.
• Joint Legal Custody — Both parents share decision-making authority on major issues affecting the child. Joint legal custody requires that both parents be able to cooperate in the child’s best interest.
• Sole Physical Custody — The child resides primarily with one parent, and the other parent receives parent-time.
• Joint Physical Custody — The child resides with each parent for significant periods, and both parents contribute to the day-to-day care of the child.
• Split Custody — Each parent has physical custody of one or more of the children, an arrangement that is generally disfavored because it separates siblings.

Statutory Parent-Time Schedules

One of Utah’s most distinctive features is its detailed statutory parent-time (visitation) schedules. Utah Code Sections 30-3-35 through 30-3-35.5 set out minimum parent-time schedules based on the child’s age:

• Children under 5: A schedule tailored to the developmental needs of younger children, with shorter but more frequent periods of parent-time.
• Children 5 to 18: A standard schedule that typically includes alternating weekends, one weekday evening, alternating holidays, and extended summer parent-time.

These statutory schedules serve as a baseline. Parents may agree to more generous arrangements, and the court may modify the schedule based on the child’s best interests. The existence of these detailed schedules is unusual — most states leave the specifics of parenting time to judicial discretion or parental agreement without statutory minimums.

Best Interests Factors

Under Utah Code Section 30-3-10, the court considers several factors in determining custody:

• The past conduct and demonstrated moral standards of each parent
• Which parent is most likely to act in the best interest of the child, including allowing frequent and continuing contact with the noncustodial parent
• The extent of bonding between the parent and the child, meaning the depth, quality, and nature of the relationship
• Whether the physical, psychological, and emotional needs of the child will benefit from joint custody
• The ability of the parents to give priority to the welfare of the child and reach shared decisions
• Whether each parent can encourage and accept a positive relationship between the child and the other parent
• Whether both parents participated in raising the child before the divorce
• The geographical proximity of the homes of the parents
• The preference of the child, if of sufficient age and capacity to reason
• The maturity and willingness of the parents to protect the child from conflict
• Any history of domestic violence, child abuse, or neglect

Child’s Preference

Utah law explicitly provides that the court shall consider the preference of a child who is 14 years of age or older, giving that preference added weight under Utah Code Section 30-3-10(6). However, the child’s stated preference is not binding — it remains one factor among many. For children under 14, the court may still consider the child’s wishes if the child demonstrates sufficient maturity and reasoning ability. The court may interview the child in chambers or appoint a guardian ad litem.

Mandatory Divorce Education and Orientation

Utah requires all parties in a divorce involving minor children to complete both a divorce orientation course and a divorce education course under Utah Code Section 30-3-11.3. The divorce orientation course must be completed before the petition is filed or within 60 days of filing, and it provides an overview of the divorce process. The divorce education course covers the impact of divorce on children, co-parenting strategies, and conflict resolution. Both parties must complete the education course before the court will finalize the divorce. These requirements apply regardless of whether the divorce is contested.

Mandatory Mediation

Utah requires mediation in contested custody and parent-time disputes. Under Utah Code Section 30-3-39, before a court hearing on contested custody or parent-time issues, the parties must participate in mediation unless the court finds good cause to waive the requirement, such as in cases involving domestic violence. Mediation is intended to help parents reach a cooperative resolution and reduce the adversarial nature of custody proceedings.

Relocation

Under Utah Code Section 30-3-37, a parent who has court-ordered parent-time and intends to relocate 150 miles or more from the other parent’s residence must provide 60 days advance written notice. The notice must include the intended new address, the reason for the relocation, and a proposed revised parent-time schedule.

If the non-relocating parent objects, the court evaluates the proposed move under the best interests standard. Factors include the reason for the relocation, the impact on the child’s relationship with both parents, the quality of the child’s life in the proposed location, and whether a workable modified parent-time schedule can be established.

Modification of Custody

To modify an existing custody order in Utah, the requesting parent must show a substantial and material change in circumstances that was not foreseeable at the time of the original order, and that the modification is in the child’s best interest. The court applies the same best interest factors used in the initial determination. Temporary modifications may be made on an emergency basis when the child’s safety is at risk.

When to Seek Legal Help

Utah’s custody laws involve detailed statutory parent-time schedules, the equal parent-time presumption, mandatory mediation, and a multi-factor best interests analysis. Whether you are establishing an initial custody arrangement, responding to a relocation notice, or seeking a modification, consider scheduling a free consultation with a family law professional to understand your rights and the options available to you.

Frequently Asked Questions

At what age does a child’s preference receive added weight in Utah?

Under Utah Code Section 30-3-10(6), the court shall consider the preference of a child who is 14 years of age or older, giving that preference added weight. For children under 14, the court may still consider wishes if the child demonstrates sufficient maturity.

Does Utah have statutory parent-time schedules?

Yes. Utah Code Sections 30-3-35 through 30-3-35.5 set out detailed minimum parent-time schedules based on the child’s age, including different schedules for children under 5 and children 5 to 18. These serve as a baseline; parents may agree to more generous arrangements.

Does Utah require mediation in custody cases?

Yes. Under Utah Code Section 30-3-39, Utah requires mediation in contested custody and parent-time disputes before a court hearing. Mediation may be waived in cases involving domestic violence or other good cause.

What is the relocation notice requirement in Utah?

Under Utah Code Section 30-3-37, a parent who intends to relocate 150 miles or more from the other parent’s residence must provide 60 days advance written notice, including the intended address, reason, and a proposed revised parent-time schedule.

Does Utah presume equal parent-time?

Yes. Since May 2022, Utah Code Section 30-3-10.2 creates a rebuttable presumption of equal parent-time. Courts start with the assumption that substantially equal time with both parents is in the child’s best interest, but this presumption can be overcome with sufficient evidence.

What education courses does Utah require for divorcing parents?

Utah requires both a divorce orientation course and a divorce education course for all cases involving minor children under Utah Code Section 30-3-11.3. The orientation course must be completed before or within 60 days of filing, and the education course must be completed before the divorce is finalized.

How This Guide Was Researched

This guide was developed through direct review of the Utah Code, Title 30, Chapter 3 (Divorce), with particular attention to Sections 30-3-10 through 30-3-37 governing custody, parent-time, and relocation. We also reviewed Utah Code Section 30-3-10.2, which established the equal parent-time presumption effective May 2022. Additional sources included the Utah Courts Self-Help Center, official court forms for custody and parent-time filings, Utah State Bar family law section publications, and guidance materials from the Utah Office of Guardian ad Litem. All statutory references were verified against the current Utah Code as published by the Utah State Legislature.

Sources and Legal References

• UCA § 30-3-10 — Best interests factors for custody determinations
• UCA § 30-3-10.2 — Rebuttable presumption of equal parent-time (effective May 2022)
• UCA §§ 30-3-35 through 30-3-35.5 — Statutory minimum parent-time schedules by age group
• UCA § 30-3-37 — Relocation notice requirements (150 miles / 60 days)
• UCA § 30-3-39 — Mandatory mediation in contested custody disputes
• UCA § 30-3-11.3 — Divorce orientation and divorce education course requirements

Official Utah Resources

• Utah Courts — Divorce
• Utah Courts — Self-Help

For more about how we research our guides, see our editorial policy and sources methodology.

Related Guides

• 50/50 custody schedules and what they look like in practice
• Divorce in Utah
• Child support in Utah
• Fathers’ rights in custody disputes
• Creating a parenting plan
• How child custody is determined
• Custody mediation: what to expect