Posted by DivorceLine in Utah Child Custody Laws
The court shall, in every case, consider joint custody but may award any form of custody which is determined to be in the best interest of the child. In determining any form of custody, the court shall consider the best interests of the child. In determining whether the best interest of a child will be served by ordering joint legal or physical custody, the court shall consider the following factors:
a) Whether the physical, psychological, and emotional needs and development of the child will benefit from joint legal or physical custody.
b) The ability of the parents to give first priority to the welfare of the child and reach shared decisions in the child’s best interest.
c) Whether each parent is capable of encouraging and accepting a positive relationship between the child and the other parent, including the sharing of love, affection, and contact between the child and the other parent.
d) Whether both parents participated in raising the child before the divorce.
e) The geographical proximity of the homes of the parents.
f) The preference of the child if the child is of sufficient age and capacity to reason so as to form an intelligent preference as to joint legal or physical custody.
g) The maturity of the parents and their willingness and ability to protect the child from conflict that may arise between the parents.
h) The past and present ability of the parents to cooperate with each other and make decisions jointly.
i) Any history of, or potential for, child abuse, spouse abuse, or kidnapping.
j) Any other factors the court finds relevant.
[Based on Utah Code 30-3-10]
