How Courts Decide Child Custody and Parent Time Matters

When deciding what level of child custody to give a parent (sole or joint) and how much parent time (visitation), Utah law requires that a court decide what is in the best interest of the child. The court does this by answering a list of questions referred to as “custody factors." These factors are found in two separate Utah statutes: Utah Code §§ 81-9-204, 81-9-205, and 81-9-206. Although the individual wishes of parents are an important consideration for courts, Utah law requires that courts give these custody factors the highest priority.

Below is a complete list of these custody factors. You’ll notice they are often written in legalese and can be difficult for parents to navigate. We're here to help. If you have questions, please call our office for a consultation.

• Is there any evidence that a parent has committed domestic violence, neglect, physical abuse, sexual abuse, or emotional abuse involving the child, the other parent, or a member of the parent's household?
• Has the parent demonstrated an understanding of, responsiveness to, and ability to meet the child's developmental needs, including the child's physical, emotional, educational, medical, and any special needs?
• Does the parent have the capacity and willingness to function as a parent, including appropriate parenting skills, co-parenting skills, and the ability to provide personal care rather than surrogate care? Co-parenting skills include the ability to communicate appropriately with the other parent, encourage the sharing of love and affection between the child and the other parent, and support frequent and continuing contact between the child and the other parent. If a parent has restricted the child's contact with the other parent to protect the child from domestic violence, neglect, or abuse, what were the parent's reasons for doing so?
• Has the parent engaged in misconduct in the past?
• Has the parent demonstrated good moral character?
• Is the parent emotionally stable?
• Is the parent unable to function effectively as a parent because of substance abuse, excessive alcohol use, or other causes?
• Has the parent intentionally exposed the child to pornography or other material harmful to minors, as those terms are defined in Utah Code § 76-10-1201?
• If the parent has previously relinquished custody or parent-time, what were the reasons?
• What is the duration and depth of the parent's desire for custody or parent-time?
• Are the parent's religious beliefs compatible with the child's needs and best interests?
• Is the parent financially responsible?
• What has been the child's relationship with stepparents, extended family members, or other individuals who significantly affect the child's best interests?
• Who has been the child's primary caregiver?
• Under what past or current parenting arrangements has the child been happy and well-adjusted at home, in school, and in the community?
• What is the benefit of keeping siblings together?
• What are the child's wishes and concerns, considering the child's age, cognitive ability, and emotional maturity?
• What is the nature, quality, and strength of the child's bond with each parent?
• Does the physical distance between the parents' homes affect the feasibility of joint legal custody or joint decision-making?
• Does either the parent or the child have physical or mental health needs that make joint legal custody unreasonable?
• Does either parent have a disability that substantially limits the parent's ability to meet the child's physical or emotional needs, and if so, does the parent have adequate support and resources to compensate for those limitations?
• Would the child's physical, psychological, and emotional needs and development benefit from joint legal custody, joint physical custody, or both?
• Is the parent able to prioritize the child's best interests and make shared decisions with the other parent?
• Have both parents actively participated in raising the child?
• Is the child of sufficient age and maturity to express a reasoned preference regarding joint legal custody, joint physical custody, or both? If so, what is the child's preference?
• Is the parent sufficiently mature and willing to protect the child from parental conflict?
• Are the parents able to cooperate and make decisions jointly concerning the child?
• Are there any other facts or circumstances the court should consider in determining the child's best interests?

Custody Factors Worksheet

To achieve the very best result in your case, we must provide the court information showing that the custody and parent time we’re requesting is in your child's best interest. To help us gather that information, we have designed a Custody Factors Worksheet that addresses each one of the factors. After your initial consultation, a member of our team will answer any questions you have about the factors and help you complete the worksheet.