Title 30 Husband and Wife
Chapter 3 Divorce
Section 10 Custody of children in case of separation or divorce -- Custody consideration.
30-3-10. Custody of children in case of separation or divorce -- Custody
consideration.
(1) If a husband and wife having minor children are separated, or their marriage is
declared void or dissolved, the court shall make an order for the future care and custody of the
minor children as it considers appropriate.
(a) In determining any form of custody, the court shall consider the best interests of the
child and, among other factors the court finds relevant, the following:
(i) the past conduct and demonstrated moral standards of each of the parties;
(ii) which parent is most likely to act in the best interest of the child, including allowing
the child frequent and continuing contact with the noncustodial parent;
(iii) the extent of bonding between the parent and child, meaning the depth, quality, and
nature of the relationship between a parent and child; and
(iv) those factors outlined in Section 30-3-10.2.
(b) 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.
(c) The children may not be required by either party to testify unless the trier of fact
determines that extenuating circumstances exist that would necessitate the testimony of the
children be heard and there is no other reasonable method to present their testimony.
(d) The court may inquire of the children and take into consideration the children's
desires regarding future custody or parent-time schedules, but the expressed desires are not
controlling and the court may determine the children's custody or parent-time otherwise. The
desires of a child 16 years of age or older shall be given added weight, but is not the single
controlling factor.
(e) If interviews with the children are conducted by the court pursuant to Subsection
(1)(d), they shall be conducted by the judge in camera. The prior consent of the parties may be
obtained but is not necessary if the court finds that an interview with the children is the only
method to ascertain the child's desires regarding custody.
(2) In awarding custody, the court shall consider, among other factors the court finds
relevant, which parent is most likely to act in the best interests of the child, including allowing
the child frequent and continuing contact with the noncustodial parent as the court finds
appropriate.
(3) If the court finds that one parent does not desire custody of the child, or has attempted
to permanently relinquish custody to a third party, it shall take that evidence into consideration in
determining whether to award custody to the other parent.
(4) (a) Except as provided in Subsection (4)(b), a court may not discriminate against a
parent due to a disability, as defined in Section 57-21-2, in awarding custody or determining
whether a substantial change has occurred for the purpose of modifying an award of custody.
(b) If a court takes a parent's disability into account in awarding custody or determining
whether a substantial change has occurred for the purpose of modifying an award of custody, the
parent with a disability may rebut any evidence, presumption, or inference arising from the
disability by showing that:
(i) the disability does not significantly or substantially inhibit the parent's ability to
provide for the physical and emotional needs of the child at issue; or
(ii) the parent with a disability has sufficient human, monetary, or other resources
available to supplement the parent's ability to provide for the physical and emotional needs of the
child at issue.
(c) Nothing in this section may be construed to apply to adoption proceedings under Title
78B, Chapter 6, Part 1, Utah Adoption Act.
(5) This section establishes neither a preference nor a presumption for or against joint
legal custody, joint physical custody or sole custody, but allows the court and the family the
widest discretion to choose a parenting plan that is in the best interest of the child.
Amended by Chapter 179, 2009 General Session
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