Utah Child Custody Laws & Parenting Plans

Utah courts decide custody by applying the “best interest of the child” standard under Utah Code Title 81, Chapter 9. The state recodified its entire domestic relations code effective September 1, 2024, moving custody statutes from the former Title 30 to the new Title 81. Understanding the current framework is essential whether you are filing for divorce, modifying an existing order, or establishing custody for the first time.

This guide covers Utah's custody types, best interest factors, parenting plan requirements, statutory parent-time schedules, the overnight thresholds that affect child support, mandatory education courses, mediation rules, relocation restrictions, and modification standards. Each section cites the current Title 81 statutes so you can verify the law directly.

Types of Custody in Utah

Utah Code § 81-9-101 defines several custody categories. Courts combine legal and physical custody designations to create the arrangement that best fits each family.

Legal Custody (Decision-Making)

• Joint legal custody: Both parents share the rights, privileges, duties, and powers of a parent regarding major decisions about education, healthcare, religion, and activities
• Sole legal custody: One parent has exclusive authority over major decisions

Physical Custody (Residential Time)

• Joint physical custody: The child stays overnight with each parent for more than 30% of the year—at least 111 overnights annually. Both parents contribute directly to the child's daily expenses
• Sole physical custody: One parent has primary residential custody; the noncustodial parent receives fewer than 111 overnights per year
• Split physical custody: At least one child primarily resides with each parent (for example, one child with Parent A and one with Parent B)

Joint legal custody does not automatically mean joint physical custody. Many Utah families have joint legal custody with one parent designated as the primary physical custodian while the other parent receives a statutory parent-time schedule.

Explore different custody arrangements and see how parenting time translates into annual days:

Best Interest of the Child Factors

When parents cannot agree on custody, Utah courts evaluate the child's best interests under § 81-9-204. The court considers multiple factors, including:

• Past conduct and moral standards: Each parent's demonstrated ability to provide a stable, nurturing environment
• Child's emotional needs: Which arrangement best promotes the child's emotional development and sense of security
• Parental bonding: The depth and quality of the relationship between the child and each parent
• Co-parenting ability: Each parent's willingness to encourage a continuing relationship between the child and the other parent
• Child's preference: If the child is of sufficient age and capacity, the court may interview the child
• Geographic proximity: How the parents' locations affect the child's routine, schooling, and community ties
• History of abuse or domestic violence: Any pattern of abuse, neglect, or domestic violence involving either parent
• Physical and mental health: The mental and physical health of all individuals involved, to the extent it affects the child

Important: Utah law prohibits courts from giving preference to either parent based solely on gender. Fathers and mothers stand on equal footing in custody proceedings.

Parenting Plan Requirements

Under Utah Code § 81-9-203, when any form of joint legal or physical custody is requested, each parent must file a proposed parenting plan with their initial petition, answer, or counterclaim. The plan should address:

• Residential schedule: A specific written schedule covering weekdays, weekends, holidays, school breaks, summer vacation, and special occasions with overnight allocations
• Decision-making allocation: How major decisions about education, healthcare, religion, and extracurricular activities are divided
• Dispute resolution methods: Procedures for resolving disagreements, such as mediation, arbitration, or counseling
• Exchange provisions: Where and how custody exchanges occur, including transportation responsibilities
• Communication protocols: How parents communicate about the child's needs and how the child contacts each parent during the other's time
• Relocation notice: Required statutory language about Utah's relocation rules under § 81-9-209

The Utah Courts MyPaperwork tool guides self-represented parties through creating a parenting plan as part of their divorce or custody filing. You may also use the court's standardized Form 1401FA or create a custom plan.

Statutory Parent-Time Schedules

Utah law provides default parent-time schedules that apply when parents cannot agree on their own arrangement. These schedules establish the minimum time the noncustodial parent receives.

Minimum Schedule (Children Ages 5–18)

Under § 81-9-302, the minimum parent-time schedule includes:

• One weekday evening: Typically Wednesday from 5:30 p.m. to 8:30 p.m.
• Alternating weekends: Friday at 6:00 p.m. through Sunday at 7:00 p.m.
• Holiday rotation: Specified holiday schedule with conflict-resolution priorities built into the statute
• Extended summer time: Up to four weeks of uninterrupted summer parent-time

Optional Increased Schedule

Under § 81-9-303, a parent may request approximately 145 overnights per year when several conditions are met: the parent has been actively involved in the child's life, both parents can communicate and cooperate, the increased schedule serves the child's best interests, and the parent has adequate facilities for overnight stays.

Children Under Age 5

Under § 81-9-304, Utah provides a separate schedule for younger children that emphasizes frequent, shorter contact rather than extended overnights. The schedule increases gradually as the child ages, recognizing developmental needs for stability and attachment.

How Overnights Affect Child Support

The number of overnights each parent exercises directly impacts child support calculations under Utah Code § 81-6-206. Three critical thresholds apply:

• 110 or fewer overnights: The parent with fewer overnights is treated as the noncustodial obligor under the sole custody formula
• 111+ overnights: Triggers the joint physical custody formula, where each parent has more than 30% of the year and both parents' incomes are factored into the Base Combined Child Support Obligation (BCSO)
• Equal parent-time: When parents share time equally, the lower-income parent is treated as having 183 overnights to resolve obligor status

Within the joint custody range, overnight credits reduce the higher-earning parent's obligation incrementally. Nights 111–130 reduce support at a rate of 0.27% of the BCSO per night, while nights above 130 reduce it at 0.84% per night. These credits recognize that a parent exercising more overnight time incurs greater direct expenses for housing, food, and transportation.

For a detailed walkthrough of Utah's child support formula, see our Utah child support calculations guide.

Mandatory Parent Education

Utah Code § 81-4-105 and § 81-9-103 require parents with minor children to complete two mandatory courses before the court will finalize a divorce or custody order:

Divorce Orientation Course

• Covers the divorce process, alternatives, and available resources
• Cost capped at $30 (with a $15 discount if completed live within 30 days of filing or service)
• Available online, by video, or in a live session
• Fee waivers available for qualifying individuals

Parenting Course

• Focuses on children's needs during divorce, the impact of parental conflict, and co-parenting strategies
• Utah State University Extension is the only court-approved online provider
• Completion certificates must be filed with the court

Deadlines: The petitioner must complete both courses within 60 days of filing. The respondent must complete them within 30 days of being served. Courts may waive these requirements for good cause, including domestic violence safety concerns.

Mediation Requirements

Under § 81-4-403, Utah requires at least one good-faith mediation session if contested issues remain after the respondent files an answer. The mediation requirement can be excused for good cause by the court, the ADR Office, or the mediator—including situations involving domestic violence or safety concerns.

Mediation costs are typically split between the parties unless the court orders otherwise. While only one session is the statutory minimum, many families find additional voluntary sessions productive for reaching detailed custody and parenting plan agreements without a trial.

Domestic Violence and Custody

Utah takes domestic violence seriously in custody proceedings. When a court finds evidence of domestic violence, it must consider whether awarding custody to the perpetrator is detrimental to the child. Protective measures may include supervised visitation, completion of treatment programs, or restrictions on contact.

The Domestic Relations Injunction (DRI), which takes effect automatically upon filing under URCP 109, prohibits harassment, violence, property concealment, insurance changes, and disparagement of the other parent in front of the children. Violating the DRI can result in contempt findings.

Relocation Rules

Under § 81-9-209, a custodial parent who plans to relocate more than 150 miles from the other parent must provide 60 days' written notice before the proposed move. The statute addresses:

• Notice requirements: Written notice must include the new address, move date, and reasons for relocation
• Holiday and extended time: Default allocations for holiday and extended parent-time when distance makes the regular schedule impractical
• Travel cost sharing: Provisions for how transportation costs are divided between the parents
• Court objection: The nonrelocating parent may file an objection, and the court will evaluate whether the move serves the child's best interests

Modifying Custody and Support Orders

Utah allows modification of custody and support orders when circumstances change materially:

Custody Modification

A parent seeking to modify custody must demonstrate a substantial and material change in circumstances that affects the child's welfare and that modification serves the child's best interest. Courts weigh factors such as relocation, changes in the child's needs, remarriage, evidence of abuse or neglect, or a parent's failure to comply with the existing order.

Child Support Modification

Child support may be modified when either parent experiences a substantial change in income, the child's needs change significantly, or the current order deviates materially from the guideline calculation. The Office of Recovery Services can conduct periodic reviews, and either parent may petition the court directly.

Filing for Custody in Utah

To file for custody in Utah, at least one spouse must have been an actual and bona fide resident of the county where the petition is filed for at least 90 days (§ 81-4-402). Active-duty service members stationed in Utah for 90 days also qualify.

• Self-represented filing: Use MyPaperwork to assemble your petition and parenting plan
• Attorney filing: Attorneys e-file through the court's electronic system
• 30-day waiting period: The court cannot enter a decree until at least 30 days after filing, waivable only for extraordinary circumstances
• Financial declarations: Due within 14 days after the first answer under URCP 26.1
• Service deadline: The petition must be served within 120 days of filing

For the full filing roadmap including fees and required forms, see our Utah divorce filing checklist.

Key Takeaways

• Title 81 recodification: All Utah custody statutes moved to Title 81, Chapter 9 effective September 1, 2024
• 111-overnight threshold: Joint physical custody triggers at 111+ overnights per year, directly affecting child support calculations
• Mandatory parenting plan: Required under § 81-9-203 whenever joint custody is requested
• Parent education required: Petitioner within 60 days, respondent within 30 days of service
• Mediation mandatory: At least one session required for contested issues (§ 81-4-403)
• No gender preference: Courts cannot favor either parent based on gender alone
• 150-mile relocation rule: 60 days' written notice required before moving (§ 81-9-209)
• Statutory parent-time schedules: Minimum (§ 81-9-302) and optional increased (§ 81-9-303) schedules provide default frameworks
• 90-day residency: County residency required before filing (§ 81-4-402)
• 30-day waiting period: Minimum time before decree entry, waivable only for extraordinary circumstances

For general information about contested versus uncontested divorce paths, see our guide to uncontested vs. contested divorce in Utah. For a comprehensive look at property division, see our Utah marital property guide.