Custodia

To decide if giving custody and parent-time to an abusive parent is in the child’s best interests, the judge must consider:

• any evidence of domestic violence, physical abuse, or sexual abuse involving the child, you, or others in your home;
• whether the abuser purposely let the child see pornography or material harmful to minors; and
• whether allowing custody and parent-time with the abuser would put your child’s health or physical or psychological safety at risk.¹

Your child’s and your safety and well-being are most important.² If you have proof of domestic violence, a judge must consider it. If you have a cohabitant abuse protective order, a judge must take this as proof of real or likely harm to your child.³ 

However, the judge may also consider all the factors listed in How does a judge decide about custody and parent-time? as they relate to both parents. The judge will then decide what s/he believes is best for your child. This means that even if the abuser committed domestic violence, s/he could still get some form of custody or parent-time. Unless there is proof of real or likely harm to the child, Utah law usually assumes a child should have regular, meaningful contact with both parents, and both parents should be actively involved in raising a child.⁴

Custody cases involving domestic violence can be complicated, so it’s a good idea to talk to a Utah lawyer for advice and help with your case. Our Finding a Lawyer page has links to free and paid lawyers.

¹ UT ST § 81-9-204(3)
² UT ST § 81-9-204(10)(b)
³ UT ST § 81-9-204(10)(a), (10)(c)
⁴ UT ST § 81-9-204(11)