Utah Code § 30-3-37 - Custody Presumptions

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Utah Code § 30-3-37 addresses custody presumptions in family law matters. The statute provides framework for determining custody and parent-time arrangements.

Key Principles

Utah follows the “best interest of the child” standard in custody determinations. The statute requires courts to consider all relevant factors in determining appropriate custody and parent-time arrangements.

Parent-Time Presumptions

  • Default parent-time schedules provide guidelines for non-custodial parent access
  • Presumptions can be rebutted by evidence that the proposed arrangement is not in the child’s best interest

Best Interest Factors

Courts consider factors including:

  • Preference of the child (if old enough)
  • Relationship between child and each parent
  • Adjustment to home, school, and community
  • Stability and continuity
  • Physical and mental health needs
  • Domestic violence or abuse history
  • Geographic proximity of parents
  • Title-30 - Family Law overview
  • § 30-5-1 - Child support guidelines
  • Title 75 - Probate Code (guardianship provisions)

Sources