There are many factors that go into determining a custody arrangement in Utah. While the best interest of the child(ren) should be first and foremost, other things that factor into the decision could include each parents’ ability to provide care and the wishes of the child(ren). Regardless of what custody arrangement is reached, let’s look into the steps taken to get there.

Utah Custody Basics

One of the most common custody arrangements is one in which a single parent has sole physical custody, but both parents have legal custody. Here is what a typical custody arrangement looks like:

• Parent A: Child(ren) lives primarily with Parent A (at least 225 nights per year), who has sole physical custody. This parent also has the legal right to make decisions on behalf of the child(ren).  
• Parent B: Child(ren) has legally arranged visitation rights with Parent B. This parent also has the legal right to make decisions on behalf of the child(ren).

How is physical custody determined? What makes one parent more eligible for physical custody over the other? There is a lot to unpack for this decision, but there are some common, important circumstances to evaluate.

The judge involved in the child custody case will look at the following in order to make a ruling in the best interest of the child(ren):

• Each parents’ history as a caregiver – What are their decision-making patterns like? Does the parent have an understanding of what is best for their child(ren)’s physical, mental and emotional needs? If it is beneficial to the child, would visitation rights be respected by the appointed custodial parent? A judge will look at a parent’s history of providing care, and establishing a bond with the child(ren). It is also important to consider how consistently a parent has been in the child’s life, and if the parent shows the potential to continue that pattern.
• Each parents’ financial situation – In addition to considering each parents’ bond with the child(ren), how can the financial needs of the child(ren) be met best? Which parent can offer a safe living environment with stability? In a custody arrangement, it is crucial to evaluate the income of both parents before making a ruling,
• Geography – How far apart will the parents be living after the separation is finalized? If, for example, visitation between households is disruptive to a child’s education because parents live far apart, a judge may decide to appoint sole physical custody to one parent, even if both parties are fit to raise the child. If parents live close enough to one another that the child(ren) stays in the same school or has continued access to supportive friends and family, sole physical custody may not be the only option.
• Child(ren)’s preference – If a child is old enough to have a well-rounded opinion of which parent s/he prefers to live with, a judge will take it into consideration. More about this below.

Other Custody Arrangement Options

While still considering many of the above and more, there are other custody arrangement options available to parents in Utah.

• Joint Physical Custody: In this scenario, the child(ren) splits time between Parent A’s and Parent B’s households. They spend at least 30% of their time living with each parent (111 nights per year in each household). Exact days are typically determined on a case-by-case basis. As mentioned above, this might be a beneficial custody arrangement if the parents still live in close proximity to one another. Other ways this can be utilized might include having a child spend the school year with Parent A, and the summer with Parent B, as long as the 30% ratio is met.
• Split Custody: If a family consists of more than one child, custody arrangements can be split, or differ. One child may live with Parent A primarily, while the other lives with Parent B. Again, these custody arrangements are made with each child’s best interest at the forefront. A split custody ruling still takes into account the wishes of the child(ren).

Legal custody, or the responsibility to make decisions on behalf of the child(ren) related to their education or medical needs, can also vary. 

How is Child Support Determined in Utah?

Another facet of child custody arrangements is child support. Basically, child support in Utah is determined with a straightforward equation – Gross monthly income of each parent and the number of nights a child will spend in each parent’s household. 

Even in the event of separation, parents are legally bound to provide for their children until the age of 18, or unless a child is emancipated. To determine the amount owed to support each child, parents must submit proof of income in the form of pay stubs and/or tax returns. If a parent does not provide this information or is not working/earning at their fullest ability, it will be assumed a parent is working full-time at minimum wage, and the child support payments will be calculated. 

There are calculators online to help you get a general idea of the amount of child support you’re entitled to, or you can consult our legal team at Rulon T. Burton and Associates. We are experts in divorce and family law.