When Utah courts make decisions about child custody, the guiding principle is always the “best interest of the child.” But what does that really mean, and how does it affect your custody case?
What Is the “Best Interest of the Child” Standard?
In Utah, family courts are legally required to prioritize the child’s overall well-being above all else during custody disputes. This principle is used in decisions about legal custody, physical custody, parent-time schedules, and even modifications to existing orders.
The goal is to create an arrangement that supports the child’s emotional, physical, educational, and psychological development.
How Utah Courts Decide What’s Best
When determining custody and parent-time, Utah courts look beyond general parenting ability and typically follow a detailed set of statutory factors outlined in Utah Code § 81-9-204. Judges may consider, among other relevant factors, the following for each parent:
- Evidence of psychological maltreatment
- Understanding of and responsiveness to the child’s:
- Physical needs
- Emotional needs
- Educational needs
- Medical needs
- Special needs (if any)
- Capacity and willingness to function as a parent, including:
- Parenting and co-parenting skills
- Communication with the other parent
- Encouraging love, affection, and contact with both parents
- Ability to provide personal care over surrogate care
- Past conduct and moral character
- Emotional stability
- Drug use, excessive drinking, or other impairments to parenting
- Past decisions to relinquish custody or parent-time
- Desire and effort to maintain parent-time
- Religious compatibility with the child
- Financial responsibility
- The child’s relationship with step-parents, extended family, or other influential individuals
- History of who has been the primary caretaker
- Parenting arrangements in which the child has thrived
- Importance of keeping siblings together
- Child’s wishes (considering the child’s age and emotional maturity)
- Strength of the bond between parent and child
- Any other factor the court finds relevant
These factors help the court craft a parenting plan that truly serves the best interest of the child not just in the short term, but well into their future.
Can a Child Choose Who to Live With in Utah?
Yes, but only in certain circumstances. In Utah, judges may consider a child’s preference if they believe the child is mature enough to make a reasoned decision. However, this is just one factor among many, and it does not guarantee the child’s choice will determine the outcome.
How Can I Show the Court I Support My Child’s Best Interests?
If you’re going through a custody case in Utah, here are a few ways to demonstrate your commitment to your child’s best interests:
- Be actively involved in your child’s daily life and education
- Communicate respectfully with your co-parent
- Keep records of important dates and communication (especially if custody issues arise)
- Avoid negative talk about the other parent in front of the child
- Follow all court orders and parenting agreements
Final Thoughts
The “best interest of the child” is more than just a legal phrase; it’s the foundation of every custody decision in Utah. Whether you’re preparing for a divorce or modifying an existing order, understanding this standard can help you make informed decisions and show the court that you’re focused on what matters most: your child’s well-being.
Utah Family Law Help
If you have questions about your custody rights or how the “best interest” standard may apply to your case, contact us today for a consultation by calling (801) 303-5800 or by filling out our online contact form.