IN PLAIN ENGLISH
How custody works in Utah
Utah splits custody into two parts: legal custody, which is about who makes important decisions for your child, and physical custody, which is about where your child lives. [UT-P1] The judge decides custody and "parent-time" (Utah's word for visitation) based on your child's best interests. [UT-P2] The law starts from the idea that joint legal custody, meaning shared decision-making, is best, but that starting point does not apply when there is evidence of domestic violence or abuse, and a parent can show it is not right for the child. [UT-P3]
Sharing decisions is not the same as sharing time equally. [UT-P3] The law does not favor either joint or sole physical custody, and it does not favor a parent because of gender. [UT-P2] Unless there is proof of real harm or likely harm, the law says children do best with frequent, meaningful contact with both parents and with both parents actively involved. [UT-P2]
When parents cannot agree on a schedule, state law sets the minimum parent-time for the parent the child does not mainly live with. [UT-P1, UT-P4] There are separate schedules for children under 5 and children 5 to 18, plus an optional schedule with more time and an equal-time schedule the court can use when its conditions are met. [UT-P1] The judge can order any schedule that is in your child's best interests. [UT-P1]
If you were never married to the other parent, the father does not automatically have legal rights, and usually the mother has sole legal and physical custody until a court orders something different. [UT-P7] Either parent can file a custody case to get orders about custody, parent-time and support, and in cases started on or after May 1, 2024, both parents must take a required parenting class. [UT-P7, UT-P8]
Words you’ll see in your papers
- Legal custody
- The right to make important decisions about your child, such as school, health care and religion. [UT-P1]
- Physical custody
- Where your child lives. On Utah's court self-help site, joint physical custody means your child spends at least 111 nights a year in each parent's home. [UT-P1]
- Parent-time
- Utah's word for visitation: the time the parent your child does not mainly live with spends with the child. [UT-P1]
COMMON QUESTIONS
What parents in Utah ask first
Does Utah start from 50/50?
No. [UT-P2, UT-P3] Utah presumes joint legal custody (shared decisions) is best, but the law says that is not based on giving equal or nearly equal time, because a child often needs one main home. [UT-P3] The law does not favor joint or sole physical custody. [UT-P2] An equal parent-time schedule exists in the law, but it is one option the court can order, not the starting point. [UT-P1]
What does the judge look at?
Your child's best interests. [UT-P2] The judge must consider any domestic violence or abuse, whether a parent exposed the child to pornography or harmful material, and whether custody would put your child's health or safety at risk. [UT-P2] The judge may also look at coercive control or psychological mistreatment, each parent's ability to meet your child's needs, parenting and co-parenting skills, willingness to support the child's contact with the other parent, emotional stability, any drug or alcohol abuse, who has been the main caregiver, what has worked well for your child before, keeping brothers and sisters together, your child's wishes, and the strength of your child's bond with each parent. [UT-P2] A parent's disability cannot be held against them unless it seriously limits their ability to care for the child and there is no help available to make up for it. [UT-P2]
Is there a standard schedule?
Yes. If parents cannot agree, Utah law sets a minimum schedule. [UT-P1, UT-P4] For children 5 to 18, it gives the other parent one weekday evening (Wednesday from 5:30 to 8:30 p.m. if no day is chosen), alternating weekends from Friday 5:30 p.m. to Sunday 8:30 p.m., a share of holidays, and up to four weeks during summer break. [UT-P4] Children under 5 have a separate minimum schedule that changes as your child gets older, starting with three two-hour visits a week for babies under 5 months. [UT-P1, UT-P5] There is also an optional schedule with more time and an equal-time schedule. [UT-P1]
Does my child get to choose?
No. [UT-P2] The judge may ask about your child's wishes, but those wishes are not controlling. [UT-P2] If your child is 14 or older, the judge gives their wishes added weight, but it is still not the only factor. [UT-P2] If the judge talks with your child, it happens privately in the judge's office, and neither parent can force your child to testify unless there is no other reasonable way. [UT-P2]
Can I move with my child?
If you plan to move 150 miles or more from the other parent, you must give the other parent written notice at least 60 days before you move. [UT-P6] Either parent can ask the court for a hearing, and the judge can change the parent-time schedule and decide who pays travel costs. [UT-P6] Not giving the required notice is contempt of court. [UT-P6] If you moved because of domestic violence by the other parent, the court does not have to make you share your address. [UT-P2]
Can the order be changed later?
Yes. [UT-P9] To change custody, a parent must show a substantial and material change in circumstances since the order was entered. [UT-P9] To change parent-time, a parent must show a change in circumstances. [UT-P9] For orders entered on or after May 6, 2026, a child turning 5 counts as a change unless the order already planned for it. [UT-P9] Changing a joint custody order also requires that the change be an improvement for the child. [UT-P9]
We were never married. What happens first?
The father must establish paternity, and until a court orders something different, the mother usually has sole legal and physical custody. [UT-P7] Paternity can be set by both parents signing a Voluntary Declaration of Paternity, by an order from the Office of Recovery Services, or in a court custody case. [UT-P7] Only the court case decides custody and parent-time; a signed declaration does not. [UT-P7] In a court custody case, parents are required to try mediation. [UT-P7]
What if I am not safe?
Judges must consider evidence of domestic violence, and the law tells them to put the safety of your child and the parent who experienced the violence first. [UT-P2] A protective order issued under Utah's cohabitant abuse law counts as evidence of harm or likely harm to your child. [UT-P2] Domestic violence also removes the presumption of shared decision-making. [UT-P3]
Free, official places to start
- Utah Courts: Child Custody and Parent-Time
The courts' plain-language page on custody types, parenting plans and links to every minimum parent-time schedule.
- Utah Courts: Custody Cases
Where unmarried parents start a custody case, with forms and the required parenting class.
- Utah Courts: Paternity Establishment in Utah
Compares the three ways to establish paternity and explains which one decides custody and parent-time.
LOCAL SPOTLIGHT · SALT LAKE CITY
Salt Lake County
Third Judicial District Court (Salt Lake, Tooele and Summit counties)
Salt Lake County uses Utah's statewide parent-time schedules, but its court, the Third District, runs its own Co-Parenting Mediation Program for parent-time problems. [UT-P10] If you have a Third District order and the other parent is denying your parent-time, you file a Motion to Enforce Parent-time Order, and the case is sent to mediation, usually scheduled within 15 days; parents must attend before getting a court hearing. [UT-P10] Mediation costs $50 per hour per person, with lower rates for low-income parents, and cases with a protective order or other safety concerns are either screened out or handled with safety steps like separate rooms. [UT-P10] If you have no parent-time order, or your order is from another district or state, this program does not apply. [UT-P10]
- Co-Parenting Mediation Program: Frequently Asked Questions
Explains how the Third District's parent-time enforcement mediation works, who qualifies, costs and safety rules.
- Co-Parenting Mediation Program: Paternity establishment
The program's guide for parents who do not yet have a court order because paternity was never established.
Other counties in Utah can have different local rules and forms. Check the court where your case is filed.
THE DETAILED GUIDE · WHAT KIND OF SCHEDULE THE LAW PROVIDES
Statutory schedule
Research overview
Statutory minimum schedules apply when parents cannot agree, with court authority and exceptions. Separate optional increased and equal-time schedules require their statutory conditions. [UT1-UT6]
Legal force and applicability
Statutory minimum fallback when parents cannot agree; increased/equal schedules require statutory conditions. Relocation is a separate regime.
Schedule & conditions
Read these topics together with your actual order. A model, form, or presumption does not automatically supply an enforceable calendar.
Regular school-year schedule
Age 5-18 minimum: one weekday (Wednesday if unspecified)5:30-8:30 pm; alternating weekends from first weekend after decree, Friday 5:30 pm-Sunday 8:30 pm. Statutory elections can alter starts. Optional -303 adds weekday overnight and Monday-morning weekend end; equal -305 uses Mon-Wed/Wed-Fri plus alternating Fri-Mon unless otherwise agreed. [UT1, UT2, UT4]
Holidays and school breaks
Use the exact current table for the chosen regime. Minimum -302 winter split is December 27 at 8:30 pm; many -302 ends 8:30 pm versus -3047:30 pm. -303 has different school-return endpoints and Juneteenth following-day 5:30 pm. General -302 precedence: Mother/Father days, birthday (qualified), other holidays, extended time, regular time. [UT1-UT4]
Summer and vacation time
For -302/-303 up to 4 weeks: 2 uninterrupted plus 2 subject to custodial weekday contact; custodial parent 2 uninterrupted weeks. Odd years noncustodial notice May 1/custodial May 15, reversed even years. Under 5 age-dependent blocks and 30 day notice differ. Equal -305 each 2 consecutive weeks, 30 day notice and alternating priority. [UT1-UT4]
Age and development
Under 5 separate tiers: under 5 months; 5-<9; 9-<12; 12-<18; 18 months-<3 years; 3-<5 years. Current -304 alternating overnight weekends begin 12 months, not 18. For under 12 month visit durations use exact statutory text. [UT3]
Distance, travel, and relocation
Relocation of 150 miles or more invokes separate 81-9-209 analysis, ordinarily 60-day advance written notice, age 5-18 school-break/half-summer/monthly-weekend terms, and individualized under-five provisions. Separately, 81-9-302(10) addresses equipment-conditioned virtual time when parents live at least 100 miles apart; 81-9-304(10) requires at least twice-weekly telephone and qualifying virtual contact for children 9 months or older. The 100-mile communication condition does not replace the 150-mile relocation test. [UT1,UT3,UT5]
Safety & exceptions
Best interests, safety, court findings, consent, school/work availability, travel and statutory conditions can change the appropriate regime. Existing orders do not automatically rewrite themselves when statutes change. [UT1-UT6]