Custody

In Utah, there is what’s called a “rebuttable presumption” in favor of joint legal custody. This means that a judge usually will assume that joint legal custody is in your child’s best interest. However, you can try to present evidence in court to change the judge’s mind.¹

There are some situations when a judge will assume that joint legal custody is not in your child’s best interests, including if:

• there is evidence of domestic violence, neglect, or physical, sexual, or emotional abuse involving your child, you, or others in your home;
• either you, the other parent, or your child has special physical or mental needs that make joint legal custody unreasonable;
• you and the other parent live far away from each other and can’t practically make joint decisions; or
• there is another reason the judge believes joint custody is not in your child’s best interest.¹

¹ UT ST § 81-9-205(2)