The law in plain words
Under Utah Code 81-9-204, the court "shall consider the best interests of the minor child in determining any form of custody and parent-time."
Wondering who usually ends up with custody? Our page on the chances of getting full custody in Utah explains what the figures can and cannot show.
Utah's custody terms
Utah orders use these terms.
- Joint legal custody: both parents share the rights and duties of a parent, such as major decisions.
- Joint physical custody: the child stays overnight with each parent more than 30% of the year. Both parents also pay expenses beyond child support.
- Sole custody: one parent has the child most of the time, or makes the decisions.
- Parent-time: Utah's word for visitation.
- Virtual parent-time: phone or video calls that add to, but never replace, in-person time.
The courts' self-help pages put the joint physical custody line at 111 nights a year.
Is Utah a 50/50 state?
No. Utah presumes joint legal custody, meaning shared decisions. It does not presume equal time.
- Joint legal custody: presumed best, unless there is domestic violence, abuse, special needs, distance or another reason.
- Physical custody: the statute sets no preference for joint or sole physical custody. The court has wide discretion.
- Equal time: a court may order the equal parent-time schedule, with 182 and 183 overnights, if both parents are involved and able. It is not the default.
The statute also says joint legal custody "is not based on awarding equal or nearly equal periods of physical custody."
The custody factors
Under section 81-9-204, the court must consider three things:
- any domestic violence, physical abuse or sexual abuse involving the child, the parent or a household member
- whether a parent intentionally exposed the child to pornography or harmful material
- whether custody or parent-time would endanger the child's health or safety
The court may also consider many other factors for each parent, including:
- coercive control or psychological maltreatment
- how well the parent understands and meets the child's needs
- parenting and co-parenting skills, including support for the other parent
- emotional stability, and any drug or alcohol problem
- who has been the primary caretaker
- the child's bond with the parent, and with siblings and extended family
- the child's stated wishes and concerns
The court may not prefer a parent because of their gender. Lawful medical cannabis use is treated like any prescribed medication.
Your child's wishes at 14
Utah sets one age. Under section 81-9-204, the wishes of a child 14 or older "shall be given added weight, but is not the single controlling factor."
For younger children, the judge may ask about their wishes, but they do not decide the case.
Neither parent can make a child testify, except in unusual circumstances. A judge who interviews the child does so privately in chambers.
Utah's parent-time schedules compared
Utah's statutes set four schedules. The minimum and under-5 schedules are presumed to be the least the other parent gets. The other two apply only when their conditions are met.
| Schedule | Who it is for | Key features | Section |
|---|---|---|---|
| Minimum | Ages 5 to 18 | Alternate weekends, one weekday evening, holidays, 4 summer weeks | 81-9-302 |
| Optional, 145 overnights | Ages 5 to 18 | Adds weekday overnights and Monday school drop-off | 81-9-303 |
| Under 5 | Birth to age 5 | Short, frequent visits that grow with age | 81-9-304 |
| Equal | Any age | 182 and 183 overnights, Monday to Wednesday and Wednesday to Friday splits | 81-9-305 |
For orders entered since May 6, 2026, the minimum schedule runs:
- Weekends: alternating, Friday 5:30 p.m. to Sunday 8:30 p.m.
- Weekday: one evening, Wednesday if not specified, 5:30 to 8:30 p.m.
- Summer: up to four weeks for the other parent. Two weeks are uninterrupted; two may be interrupted by the custodial parent's weekday visit, and the four weeks may be split into two 14-day periods. The main parent also gets two uninterrupted weeks.
Orders entered before May 6, 2026 keep their old times, Friday 6 p.m. to Sunday 7 p.m., unless a court changes them. Our schedule comparison tool shows how common rotations add up.
Utah holiday custody schedule
This is the holiday table in section 81-9-302 for ages 5 to 18, for orders entered since May 6, 2026. "Other parent" means the noncustodial parent.
| Holiday | Other parent has it | Time |
|---|---|---|
| Martin Luther King Jr. Day | Odd years | School dismissal to 8:30 p.m. on the day |
| Presidents' Day | Even years | School dismissal to 8:30 p.m. the day before school |
| Spring break | Odd years | School dismissal to 8:30 p.m. the day before school |
| Memorial Day | Even years | School dismissal to 8:30 p.m. on the day |
| Mother's Day | Mother every year | 5:30 p.m. the day before to 8:30 p.m. |
| Father's Day | Father every year | 5:30 p.m. the day before to 8:30 p.m. |
| Juneteenth | Even years | 5:30 p.m. the day before to 8:30 p.m. the day after, with a Father's Day exception |
| Independence Day | Odd years | July 3, 5:30 p.m. to July 5, 8:30 p.m. |
| Pioneer Day | Even years | July 23, 5:30 p.m. to July 25, 8:30 p.m. |
| Labor Day | Odd years | School dismissal to 8:30 p.m. on the day |
| Fall break | Odd years | School dismissal to 8:30 p.m. the day before school |
| Halloween | Even years | School dismissal, or 3 p.m., to 8:30 p.m. |
| Thanksgiving | Even years | School dismissal to 8:30 p.m. the day before school |
| Winter break, first half | Odd years | School dismissal to December 27, 8:30 p.m. |
| Winter break, second half | Even years | December 27, 8:30 p.m. to 8:30 p.m. the day before school |
| Child's birthday | Even years | 3 p.m. to 8:30 p.m. |
| Day before or after the birthday | Odd years | 3 p.m. to 8:30 p.m. |
The main parent has each holiday in the other years. For several school-holiday periods, the parent can elect a Friday 5:30 p.m. start instead of school dismissal.
When times clash, Mother's Day and Father's Day come first, then the birthday, then other holidays, then summer, then regular time. The birthday gives way if a parent has taken the child away on uninterrupted summer time.
Columbus Day and Veterans Day were removed in 2026. From January 1, 2027, Juneteenth times depend on how it falls next to Father's Day.
Old and new code numbers
Utah renumbered its custody laws on September 1, 2024. Parentage laws moved again on September 1, 2025. Many guides and older orders still use the old numbers.
| Old section | Subject | Current section |
|---|---|---|
| 30-3-10 | Custody factors | 81-9-204 |
| 30-3-10.2 | Joint custody | 81-9-205 |
| 30-3-10.4 | Changing an order | 81-9-208 |
| 30-3-35 | Minimum schedule, ages 5 to 18 | 81-9-302 |
| 30-3-35.1 | Optional 145-overnight schedule | 81-9-303 |
| 30-3-35.2 | Equal parent-time schedule | 81-9-305 |
| 30-3-35.5 | Minimum schedule, under 5 | 81-9-304 |
| 30-3-37 | Relocation | 81-9-209 |
| 78B-15 | Parentage Act | 81-5 |
Domestic violence and abuse
Domestic violence and abuse are factors the court must consider. Under section 81-9-204, the safety of the child and the abused parent comes first.
- Protective orders: a cohabitant abuse protective order counts as evidence of real or likely harm to the child.
- Joint legal custody: abuse is an exception to the presumption.
- Moving to escape violence: since May 2026, the court cannot make that parent disclose their new address.
- Reunification: a court cannot cut a child off from a safe, bonded parent just to repair the bond with the other.
- Supervised parent-time: needs evidence of likely harm. Unless indefinite, the order must set goals for ending it.
An ex parte cohabitant abuse protective order can give the petitioner temporary custody. A hearing must be set within 21 days. Filing costs nothing.
If you were never married
No Utah statute says who has custody of a child of unmarried parents before a court order. The courts' self-help page says the mother usually does until a court orders otherwise.
Parents can sign a voluntary declaration of paternity before two unrelated witnesses. Once filed with Vital Records, it equals a legal finding of parentage.
- Changing your mind: either signer can cancel it within 60 days, or before the first court case about the child if sooner.
- After that: fraud or duress can be raised at any time. A mistake of fact must be raised within four years.
The declaration does not set custody. A parent files a parentage case, and the court applies the same custody rules. Both parents must finish a parenting course, or have it waived, before a final order.
Custody evaluations
A custody evaluation is an assessment by a mental health professional, ordered by the court. Since May 6, 2026, section 81-9-503 sets the rules.
- When: only if a party asks for one, or the court finds extraordinary circumstances. The parties must be able to pay.
- Choosing the evaluator: the parties pick one together. If they cannot agree, each proposes three names and the court chooses.
- Who can do it: a licensed psychologist, psychiatrist, clinical social worker, family therapist or counselor with 18 hours of training.
- Weight: the findings are advisory. There is no presumption in their favor.
The law sets no price. The courts keep a roster of evaluators, with their fees, for courts and parties to choose from.
Moving with your child
Under section 81-9-209, relocation means moving 150 miles or more from the other parent.
- Notice: in writing, at least 60 days before the move.
- Hearing: either parent can ask the court to set a new schedule and divide travel costs.
- Best interest: if the move is not in the child's best interest and the parent moves anyway, the court may change custody.
Failing to give notice is contempt of court. Unless the court orders otherwise, the moving parent pays all holiday travel and half of summer travel. That applies if the other parent is current on support.
The long-distance schedule gives the other parent half the summer, alternating major holidays and one weekend a month. If you share joint physical custody, the courts say you must also file a petition to modify.
Changing a custody order
Under section 81-9-208, the test depends on what you want to change.
- Custody: a substantial and material change in circumstances since the last order.
- Parent-time: a change in circumstances. The statute does not say substantial and material here.
- A child turning five: for orders entered since May 6, 2026, this counts as a change, unless the order already plans for it.
The Utah Supreme Court set a two-step test in Hogge v. Hogge (1982). First, has there been a substantial and material change? Second, what arrangement now serves the child?
If a parent denies court-ordered parent-time, the court must award make-up time, unless that would not serve the child.
How to file for custody in Utah
File in the district court for the county where the children live. Utah must usually be their home state for six months.
- Prepare the papers. The courts' MyPaperwork tool builds the petition. For unmarried parents, it may be called a parentage case.
- Serve the other parent within 120 days. They have 21 days to answer if served in Utah.
- Expect an automatic order. Filing triggers a Domestic Relations Injunction, which limits harassment and travel with the children.
- Take the required classes. Both parents take a parenting course. In a divorce, both also take an orientation class.
- Mediate. Contested divorce cases need at least one good-faith mediation session, unless a party is excused for good cause.
The Utah courts' custody pages explain each step.
How much does it cost to file for custody in Utah?
These are the court fees in effect since May 6, 2026.
| Fee | Amount |
|---|---|
| General petition, which likely covers a custody case | $375 |
| Divorce petition | $350 |
| Petition to modify | $100 |
| Parenting course | $35 |
| Divorce orientation class | Up to $30 |
| Protective order petition | Free |
If you cannot afford the fees, you can ask the court to waive them through MyPaperwork or the courts' fee waiver page.
What changed in 2024 to 2026
Utah's custody law has changed more than most states' in three years.
- September 2024: custody law moved from Title 30 to Title 81.
- September 2025: the Parentage Act and the interstate custody law moved too.
- March 2026: coercive control became a custody factor.
- May 6, 2026: parent-time and holiday times were rewritten, and custody evaluations got their own statute.
- January 1, 2027: Juneteenth parent-time rules change.
- May 5, 2027: a process for proving a false protective order claim takes effect.
Building the record
Utah's schedules are detailed, so judges can compare what happened with what the order says. Late exchanges, missed holidays and refused make-up time are all shown by dates.
Note each exchange and each schedule change as it happens. Casewell keeps those notes and the messages behind them together, so a lawyer can read a clear timeline.
Before you record a call or a handover, check whether you can record your co-parent in Utah.
A clearer way to prepare
Come to court ready, not stressed.
Turn messages, receipts and everyday notes into a clear attorney-ready record.
New record
Late pickup
Pickup was scheduled for 5:00pm. The other parent arrived at 5:42pm.
Report ready
Your report is ready
Ready for your attorney or lawyer to review.
A Utah parent-time record
Utah judges compare what happened with the statutory schedule. Keep these items current so your facts are ready.
Keep the record Utah's schedules are measured against
Casewell keeps dated exchanges, holidays and the messages behind them in one private place. Export the period a lawyer needs as a focused PDF.
Is Utah a 50/50 custody state?
No. Utah presumes joint legal custody, meaning shared decisions, but not equal time. A court may order the equal parent-time schedule if it fits the family.
What is the Utah holiday custody schedule?
Section 81-9-302 alternates holidays by odd and even years between the parents. Mother's Day and Father's Day go to that parent every year. Orders since May 6, 2026 use 5:30 p.m. and 8:30 p.m. times.
At what age can a child choose which parent to live with in Utah?
No age lets a child choose. At 14 or older, the child's wishes get added weight, but they are not the single controlling factor.
How much does a custody evaluation cost in Utah?
The law sets no price. The parties pay, and the courts keep a roster of evaluators that lists their fees. A court orders one only on request or in extraordinary circumstances.
What happened to Utah Code 30-3-35.1?
It moved to section 81-9-303 on September 1, 2024. It is still the optional schedule of 145 overnights a year for children aged 5 to 18.
How much does it cost to file for custody in Utah?
A general petition, which likely covers a custody case, costs $375. A petition to modify costs $100. Check the fee in MyPaperwork. Both parents also pay $35 for the parenting course. Fees can be waived.
Sources
This page summarizes Utah Code Title 81 and Title 78B, as amended through the 2026 session, and Utah court guidance as of October 2026. It explains the law in general terms and is not legal advice.
- Utah Code 81-9-204 โ custody factors and the child's wishes checked
- Utah Code 81-9-205 โ joint legal custody presumption checked
- Utah Code 81-9-302 โ minimum parent-time and holiday schedule, ages 5 to 18 checked
- Utah Code 81-9-303 โ optional 145-overnight schedule checked
- Utah Code 81-9-305 โ equal parent-time schedule checked
- Utah Code 81-9-208 โ changing custody and parent-time checked
- Utah Code 81-9-209 โ relocation checked
- Utah Code 81-9-503 โ custody evaluations checked
- Utah Code 81-5-306 โ rescinding a declaration of paternity checked
- Utah State Courts โ custody cases checked