<span style="font-weight: 400;">Can my child decide which parent to live with in Utah?</span>

No, a child cannot unilaterally decide their own arrangements. However, if the court finds a child sufficiently mature, a judge will consider the child's preference as one of many factors.<br>There is no specific age where a child's preference becomes binding. The judge gives more weight to the preferences of older, more mature teenagers than to those of young children.

By: reports@rankings.io June 30, 2025

What Are the Types of Custody in Utah?

Utah Custody at a Glance

Two Types: Legal (decisions) & Physical (residence).
Best Interests First: Courts prioritize the child’s welfare above all else.
Joint Custody Threshold: Requires at least 111 overnights with each parent.
No Joint Custody Presumption: A judge decides on a case-by-case basis.

Understanding Utah’s Custody Framework

Utah law distinguishes between two types of parental rights: legal and physical. Legal custody gives a parent decision-making authority for the child, while physical custody determines where the child lives.

Courts do not presume a joint custody arrangement is best for every family; instead, a judge performs an evaluation of each family’s unique situation to determine an arrangement that serves the child’s best interests.

The best interests standard considers every factor affecting a child’s welfare, from a parent’s ability to provide care to the child’s existing bonds with each parent.

Legal Custody and the Power to Decide

This court-ordered plan grants you the authority to make significant decisions about your child’s life. These decisions encompass education choices, medical care, religious upbringing, and other major life decisions that shape your child’s development.

A custody evaluation by an appointed evaluator may affect some of these decisions. While this is not required in a case, it can help.

Joint Legal Custody

In joint legal custody plans, both parents share decision-making responsibilities. This doesn’t mean every minor decision requires consultation—instead, it covers major choices that significantly affect your child’s welfare.

These arrangements work best when parents can communicate effectively and cooperate on important matters. Even if you and your ex-spouse disagree on many issues, courts often favor this arrangement because it maintains both parents’ involvement in crucial decisions.

Consider Sarah and Michael’s situation: After their divorce, they agreed to a shared parenting arrangement with legal responsibility for their 10-year-old daughter. When their daughter needed braces, both parents researched orthodontists, discussed treatment options, and jointly decided on the best care. This collaborative approach, despite their marital differences, demonstrated successful joint legal custody.

However, this isn’t appropriate in all situations. Cases involving domestic violence, substance abuse, or severe communication breakdowns may require different arrangements to protect the child’s welfare.

Sole Legal Custody

This legal framework grants one parent exclusive decision-making authority. The custodial parent can make educational, medical, and other significant choices without consulting the other parent, though they may choose to do so voluntarily.

Courts typically award sole legal custody when joint decision-making would harm the child’s interests. This might occur when one parent has been absent, demonstrates poor judgment, or poses risks to the child’s safety.

For example, if one parent struggles with addiction and has made harmful decisions affecting the child, the court might grant full responsibility to the other parent. This ensures stability and protects the child from potentially dangerous choices.

Physical Custody Types

This legal arrangement determines where your child lives and how they spend time with each parent. Utah recognizes several physical custody arrangements, each designed to serve different family circumstances.

Joint Physical Custody

This court-ordered plan means your child spends substantial time with both parents. According to the Utah courts, shared parenting means the child spends at least 111 nights per year (approximately 30% of the time) at each home.

This coparenting arrangement works well when parents live relatively close to each other and can maintain consistent routines for their children. It allows children to maintain strong relationships with both parents while providing stability through regular schedules.

The Peterson family is a successful example of it: after their divorce, Tom and Lisa established a schedule where their two children alternate weeks between homes. Both parents live in the same school district, making transitions seamless. The children maintain friendships, participate in activities, and feel secure in both households.

This legal living arrangement requires significant cooperation and coordination. Parents must communicate about schedules, activities, school events, and daily care needs. When it works, children benefit from ongoing relationships with both parents and shared parenting responsibilities.

Primary Physical Custody

In these arrangements, children live primarily with one parent while maintaining regular visitation with the other parent. The custodial parent provides the child’s primary residence and handles day-to-day care responsibilities.

The non-custodial parent typically receives scheduled visitation time, which might include alternating weekends, holiday rotations, and extended summer periods. Utah’s standard visitation schedules provide a framework, though parents can agree to different arrangements that better suit their circumstances.

This arrangement often works when parents live far apart, have significantly different work schedules, or when other factors make joint physical custody impractical. It provides children with stability through a primary home base while maintaining the non-custodial parent’s involvement.

Sole Physical Custody

Sole physical custody means children live exclusively with one parent, with limited or no visitation rights for the other parent. Courts reserve this arrangement for situations where the non-custodial parent poses risks to the child’s safety or welfare.

These situations might involve documented abuse, severe mental health issues that impair parenting ability, or substance abuse problems that create unsafe environments. Even in sole custody cases, courts often prefer supervised visitation when possible, recognizing children’s need for parental relationships when safe.

Maria’s case illustrates such a case: after her ex-husband’s arrest for domestic violence and substance abuse, the court granted her full responsibility for their young son. The father’s visitation was limited to supervised sessions until he completed treatment programs and demonstrated sustained sobriety.

Specialized Arrangements

Beyond traditional categories, Utah courts can establish specialized arrangements that address unique family circumstances. These arrangements prioritize children’s specific needs while accommodating parents’ situations.

Split Custody

Split custody occurs when parents have multiple children, and each parent has primary legal responsibility of at least one child. This arrangement is relatively uncommon because courts prefer keeping siblings together when possible.

However, this setup might be appropriate when children have significantly different needs, strong preferences, or when other factors make this arrangement beneficial. For instance, if one child has special medical needs requiring proximity to specific healthcare facilities, such living arrangements might serve the family’s best interests.

Third-Party Custody

Sometimes, neither parent can provide appropriate care for their children. In these situations, courts decide based on what best serves the child’s needs, and can grant responsibility to grandparents, other relatives, or suitable third parties who can provide stable, nurturing environments.

Third-party custody often occurs when parents struggle with addiction, incarceration, mental health crises, or other circumstances that impair their parenting abilities. Courts carefully evaluate potential custodians to ensure they can meet children’s physical, emotional, and developmental needs.

Factors Courts Consider in Custody Decisions

Utah courts evaluate numerous factors when determining custody arrangements. Understanding these considerations helps you prepare for legal proceedings and demonstrate your ability to serve your child’s best interests.

The child’s physical, mental, and emotional needs form the foundation of any legal decisions. Courts examine each parent’s ability to provide appropriate care, maintain stable housing, and support the child’s development. They also consider the child’s adjustment to current living situations and the importance of maintaining continuity when possible.

Parental conduct significantly influences determinations. Courts evaluate each parent’s moral character, lifestyle choices, and demonstrated commitment to parenting responsibilities. They examine patterns of behavior, not isolated incidents, to assess long-term parenting capabilities.

The relationship between parent and child carries substantial weight in court decisions. Emotional bonds, quality of interaction, and each parent’s involvement in the child’s daily life are important factors considered. A parent who has been consistently present and engaged typically has advantages in custody proceedings.

Geographic considerations also affect arrangements. When parents live far apart, courts must balance children’s needs for stability with maintaining relationships with both parents. They might favor the parent who can provide better access to schools, healthcare, and community resources.

Modifying Custody Arrangements

Life circumstances change, and Utah law recognizes that custody arrangements may need modification to continue serving children’s best interests. However, courts don’t modify living arrangements lightly—substantial changes in circumstances must justify alterations to existing orders.

You might need to update your parenting plan in case of parental relocation, changes in work schedules, children’s evolving needs, or significant changes in parental circumstances. For example, if a non-custodial parent previously worked extensive travel schedules but now has stable local employment, they might seek increased custody time.

The modification process requires filing a petition with the court that issued the original custody order. You must demonstrate that circumstances have materially changed since the original order and that modification serves the child’s best interests.

Courts typically won’t modify arrangements simply because parents disagree with the existing ones or want more convenient schedules. The requesting party must prove that current arrangements no longer serve the child’s welfare or that new circumstances make modification necessary.

Custody and Child Support Connections

While custody and child support are separate legal concepts, they’re closely interconnected in practice. The amount of time children spend with each parent directly affects child support calculations under Utah’s guidelines.

In joint physical arrangements where both parents have substantial parenting time, child support calculations consider both parents’ incomes and the time children spend in each household. This often results in lower support obligations than in primary custody situations.

However, you shouldn’t make decisions based solely on financial considerations. Courts prioritize children’s best interests over parents’ financial preferences, and attempting to manipulate custody for financial gain can backfire in legal proceedings.

Working with Legal Professionals

These cases involve complex legal standards, extensive documentation, and emotionally charged negotiations. While Utah allows self-representation, the stakes are too high to handle without professional guidance.

Experienced family law attorneys understand Utah’s custody statutes, local court practices, and effective advocacy strategies. They can help you present your case persuasively while protecting your parental rights and your child’s interests.

At RCG Law Group, our attorneys work throughout Utah, including South Jordan, Salt Lake City, and St. George, helping families navigate these specific challenges. We understand that every family situation is unique and requires personalized approaches to achieve the best possible outcomes.

Don’t attempt to handle matters like these alone. The decisions made during these proceedings will affect your family for years to come. Professional legal guidance ensures you understand your options, make informed decisions, and advocate effectively for your children’s welfare.

Preparing for Custody Proceedings

Success in legal proceedings requires thorough preparation and strategic thinking. Start by documenting your involvement in your children’s lives: school activities, medical appointments, daily care routines, and quality time spent together.

Maintain detailed records of your interactions with your children and your co-parent. These records can demonstrate your commitment to parenting and help address any disputes that arise during proceedings.

Consider your children’s perspectives and needs when developing custody proposals. While courts don’t let young children make decisions on this matter, they do consider older children’s preferences when age-appropriate. Focus on arrangements that provide stability, maintain important relationships, and support your children’s development.

Moving Forward After Custody Determination

Once courts establish necessary arrangements, your focus should shift to making them work effectively for your children. Successful co-parenting requires ongoing communication, flexibility, and commitment to your children’s welfare above personal differences.

Establish clear communication protocols with your co-parent about schedules, activities, and important decisions. Many divorced parents find that structured communication methods, such as co-parenting apps or scheduled check-ins, reduce conflicts and improve coordination.

Remember that custody arrangements can evolve as your children grow and circumstances change. Stay open to reasonable modifications that serve your children’s developing needs while maintaining appropriate boundaries and expectations.

Getting the Help You Need

Parenting arrangement decisions profoundly change your family’s future. Whether you’re beginning divorce proceedings, seeking custody modifications, or dealing with enforcement issues, you need knowledgeable legal guidance to protect your interests and your children’s welfare.

The attorneys at RCG Law Group understand Utah’s custody laws and help families throughout South Jordan, Salt Lake City, St. George, and surrounding communities handle these complex legal challenges. We’re committed to helping you achieve parenting arrangements that serve your children’s best interests while protecting your parental rights.

A Utah custody order controls your life and your child’s future for years. Protect your parental rights and secure a stable future for your child. The family law attorneys at RCG Law Group develop legal strategies for parents across Utah. Call (801) 893-2887 or contact us online to schedule a consultation and learn how we fight for your family.

Schedule Your Custody Consultation

Questions About Utah’s Custody Laws

What is a parenting plan in Utah?

A parenting plan is a detailed, written document that outlines how you and the other parent will raise your child after a separation or divorce.
Utah courts require a parenting plan in every shared parenting case. It must specify the custody arrangement (legal and physical), include a parent-time schedule, and explain how parents will handle decision-making, communication, and transportation of the child.
A thorough parenting plan helps prevent future conflicts.

How does domestic violence affect a custody case in Utah?

A finding of domestic violence dramatically impacts legal decisions. Utah law creates a “rebuttable presumption” that awarding joint legal or physical custody to a parent who committed domestic violence is not in the child’s best interest.
The court primarily wants to protect the child and the abused parent. This often leads to the abusive parent receiving only supervised parent time, if any at all.

Can my child decide which parent to live with in Utah?

No, a child cannot unilaterally decide their own arrangements. However, if the court finds a child sufficiently mature, a judge will consider the child’s preference as one of many factors.
There is no specific age where a child’s preference becomes binding. The judge gives more weight to the preferences of older, more mature teenagers than to those of young children.

What happens if the other parent and I agree on a custody arrangement?

When you and the other parent reach an agreement, you can submit a stipulated parenting plan and legal arrangement to the court.
A judge will review your agreement to ensure it meets the child’s best interests and complies with Utah law. If the judge approves the agreement, it becomes a final, enforceable court order without the need for a contested trial.
This approach saves time, money, and emotional stress.