What is the new child custody law in Utah?
Asked by: Dr. Adele Lindgren | Last update: November 10, 2025Score: 4.7/5 (2 votes)
What is the New Child Custody Law in Utah? Utah's new child custody law, which went into effect on May 1, 2021, is called the "Equal Parent-Time Schedule." This law allows parents to share equal physical custody of their children unless there is a reason why this would not be in the children's best interests.
Can one parent keep a child from the other parent without court orders in Utah?
Can a Parent Legally Keep a Child from the Other Parent in Utah? Generally, the answer would be no so long as there is a custody order or agreement in place.
What is the biggest mistake in custody battle?
The Most Common Mistakes Made in California Child Custody Cases. Failing to respond to a child custody case will not make the issue go away. Instead, it could lead to a default judgment. This means that whatever the other party is requesting will most likely be granted by the judge because you have not given any input.
What are father rights in Utah?
In Utah, being a father gives you the right to pursue custody and visitation of your child, and to make decisions regarding your son or daughter. These rights apply whether you are married or not, but you may have to fight for them, especially in the case of divorce.
At what age can a child refuse to see a parent in Utah?
Technically, according to Utah Law, the “desires of a child 14 years of age or older shall be given added weight but is not the single controlling factor.” Again, 14 and above, the court may consider the preference of children and what they have to say, but even that will be the exception and not the normal case.
Everything you need to know about Child Custody in Salt Lake City, Utah
What happens if my child doesn't want to see her father?
Whenever your child is not cooperating with a scheduled visitation or switch in parenting time, immediately contact the other parent and explain what's going on. If your custody order or parenting plan has included methods of communication, use that method (which might include contacting the parent's attorney).
What is considered an unfit parent in Utah?
In determining whether a parent is unfit or has neglected a child, the court shall consider the following: Emotional illness, mental illness, or mental deficiency of the parent that renders the parent unable to care for the immediate and continuing physical or emotional needs of the child for extended periods of time.
Can a mother move a child away from the father Utah?
A parent who wants to relocate with the children must file a Petition to Modify Custody in addition to sending a Notice of Relocation. Ross v. Ross, 2019 UT App 104. See the Modifying Custody web page for more information and forms.
How many nights is 70/30 custody?
Experts recommend mapping out a 70/30 schedule in two-week blocks. Dividing 14 days into a 70/30 split means the co-parent with 70% custody should receive around ten days and nights, and the co-parent with 30% should receive the remaining four days and nights.
How is child custody decided in Utah?
The court shall determine whether an order for custody or parent-time is in the best interests of the minor child by a preponderance of the evidence. whether custody and parent-time would endanger the minor child's health or physical or psychological safety. any other factor the court finds relevant.
What not to say during a custody battle?
Avoid cursing and putting down the other parent, your children, in-laws, and other family members, the mediator, the judge, and others involved in the process. That can be tricky when sensitive topics, such as substance abuse, are at play.
What looks bad in family court?
Bad-mouthing your ex-spouse or engaging in verbal or physical altercations with them in front of a judge looks bad. If your children are present, it looks even worse. Judges understand that tempers run high during custody cases, but lack of self-control will not reflect favorably.
What is the malicious parent syndrome?
The syndrome's definition encompases four major criteria: (1) mother who unjustifiably punishes her divorcing or divorced husband by attempting to alienate children from the father, involving others in malicious actions against the father, or engaging in excessive litigation; (2) mother who specifically attempts to ...
How much is child support for 2 kids in Utah?
Number of Kids: 2
According to Utah's child support laws, the total child support obligation for two kids at this income level might be $1,200/month (this is just an example; actual amounts vary). If Parent A has sole physical custody, Parent B would likely pay $360 in Utah child support payments.
What is the normalcy law in Utah?
The Normalcy Law (Utah Code 62A-4a-211) recognizes the importance of DCFS making efforts to normalize the lives of children in its custody, and provides an opportunity for the Division to empower your caregiver to approve or disapprove par cipa on in ac vi es.
Can a parent keep a child away from another parent without a court order?
You cannot legally deny visitation to a noncustodial parent in California without proper reasons and backing from the court system.
What does a 60/40 split look like?
A 60/40 child custody schedule has the child spend 60 percent of their time with one parent and 40 percent of their time with the other parent. The two most common 60/40 schedules are the every extended weekend schedule and the 4-3 schedule.
What is the most popular schedule for child custody?
One of the most popular child custody schedules is the 2-2-5-5 arrangement because it's consistent, easy to remember, and allows both parents to stay highly involved in their child's life.
Can I lose custody if I work night shifts?
Yes, working overnight can impact your custody case. Courts evaluate how your work schedule affects your availability and ability to provide a stable environment for your child. Demonstrating a solid support system and a consistent routine can help mitigate these concerns.
Can unmarried father take child from mother in Utah?
Utah child custody law is gender neutral. However, in the case of unmarried parents, mothers have a “natural” and “primary” right to custody. Until a father establishes paternity, he has no rights at all.
Can my child's father stop me from moving out of state?
The basic “relocation” rule is as follows: when the parent of a minor child wishes to move out of state or to a location where the distance would significantly impair the ability of the non-relocating parent to exercise custodial time with the child, that parent must seek the approval of the other parent or any other ...
Is Utah a grandparent state?
Under Utah law, there is a presumption that a parent's decision with regard to grandparent visitation is in the grandchild's best interests. Because of this, a grandparent's access to their grandchildren is generally solely dependent upon the grandchild's parents allowing it.
What looks bad in a custody battle?
Don't abuse alcohol or drugs
Substance abuse is a major mark against a parent in a custody battle. When you're under the influence, you can't be the parent your child needs — especially if you're dependent on that substance to get through the day. Make responsible choices to show the court you're fit to parent.
How do you prove a parent is emotionally unstable?
- Medical records of the parent that say he/she has a mental illness (you may have had access to these records when you were together)
- Proof that the parent's mental issues have impacted and will impact the child's well-being and growth in future.
What is considered harassment by a co-parent?
Harassment and insults: Your ex might cause you distress with harassment, which might include insults about your character or the way you choose to parent. Other harassing behavior might include constant texts or calls, screaming and other forms of intimidation, threats, and stalking.