Custody and Parent Time
Utah Code 81-9-205 — a rebuttable presumption of joint legal custody
In a custody case between parents, the court decides custody and parent time by the best interests of the child, by a preponderance of the evidence, and always considers evidence of domestic violence or abuse, intentional exposure of the child to pornography or harmful material, and whether the arrangement would endanger the child.
Who handles this in Utah: And Justice for All, James B. Lee General Intake line and Utah Legal Services; and legal aid programs and the state offices, listed in the Utah directory.
- Among other factors, the court may weigh each parent's ability to meet the child's needs, co parenting skills, emotional stability, and who has been the primary caretaker.
- The court may consider the child's desires, which do not control, and the desires of a child 14 years old or older get added weight without being the single controlling factor.
- The law creates no preference for either parent because of the parent's gender.
Joint legal custody is presumed to be in the child's best interest, except where there is evidence of domestic violence, neglect or abuse, special needs making it unreasonable, distance making joint decisions impractical, or another relevant factor. The presumption can be rebutted by a preponderance of the evidence.
Joint legal custody is about decisions, and does not by itself mean equal or nearly equal physical time with each parent.
Sources for this section (2)
- Utah Code 81-9-204 — Custody and parent-time of a minor child -- Custody factors -- Preferences
- Utah Code 81-9-205 — Presumption of joint legal custody -- Joint custody factors -- Order for joint custody
Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed Utah attorney.