If you only remember one point about child custody and parenting time in Utah, remember this: Utah uses Legal custody and physical custody; parent-time schedules implement physical custody.. Courts apply best-interests factors under § 30-3-10, including parental capacity, the child’s relationship with each parent, and any history of domestic violence or abuse. Joint legal custody is favored when parents can cooperate; parent-time follows advisory guidelines unless otherwise ordered. Procedure, examples, and the opinions below hang off Utah Code §§ 30-3-10 to 30-3-10.9. Relocation: A parent seeking to relocate with the child must generally provide notice under § 30-3-37 and may need court modification if the other parent objects. Modification: A material and substantial change of circumstances is required to modify custody.
Relocation with a child
A parent seeking to relocate with the child must generally provide notice under § 30-3-37 and may need court modification if the other parent objects.
Walking through Utah facts
Use this walkthrough to see which Utah authority does the work at each step.
Two parents in Utah disagree about where the child lives during the school week, and one wants to move.
- Use the labels Utah actually uses: Legal custody and physical custody; parent-time schedules implement physical custody..
- Apply the best-interests factors: Courts apply best-interests factors under § 30-3-10, including parental capacity, the child’s relationship with each parent, and any history of domestic violence or abuse.
- Check any parenting presumption: Joint legal custody is favored when parents can cooperate; parent-time follows advisory guidelines unless otherwise ordered.
- If a move is proposed: A parent seeking to relocate with the child must generally provide notice under § 30-3-37 and may need court modification if the other parent objects. Later changes follow: A material and substantial change of circumstances is required to modify custody.
Custody is addressed in divorce or a custody petition. Mediation is often required. Final decrees allocate legal and physical custody and a parent-time schedule.
Modifying a Utah custody order
A material and substantial change of circumstances is required to modify custody.
How custody cases typically move in Utah
Custody is addressed in divorce or a custody petition. Mediation is often required. Final decrees allocate legal and physical custody and a parent-time schedule.
Related Utah guides
Case law: custody and parenting time in Utah
Walter R. ELMER, Plaintiff and Appellee, v. Theresa Ann ELMER, Defendant and Appellant
…decree, based on a stipulation of the parties, gave Theresa custody of both children and required Walter to provide child support in the amount of $100 per month for each child. Some nine months after the decree was entered, Walter Elmer filed for a change of custody, and the trial court awarded him custody of the daughter, Stephanie, but not Rex. Theresa Ann Elmer appeals. She…
Utah opinions such as Walter R. ELMER, Plaintiff and Appellee, v. Theresa Ann ELMER, Defendant and Appellant are cited where child custody is disputed. The court stated: "Theresa custody of both children and required Walter to provide child support in the amount of $100 per month for each child." That is the language to brief; the rest of the decision supplies the procedural posture.
Kathleen HAMBY, and the State of Utah, by and Through the Utah State Department of Social Services, Plaintiffs and
…n which provided, among other things, that Hamby be awarded custody of the parties’ two children and that she resume her pre-marriage name of Hamby. The only issue remaining was whether Kelly and the unborn child should use Jacobson or Hamby as their surname. On March 14,1985, Judge J. Robert Bullock held a trial regarding the children’s surnames. Jacobson was unable to attend…
Practitioners open Kathleen HAMBY, and the State of Utah, by and Through the Utah State Department of Social Services, Plaintiffs and when Utah child custody turns on the distinction in this sentence: "Hamby be awarded custody of the parties’ two children and that she resume her pre-marriage name of Hamby. The only issue remaining was whether Kelly and the unborn child should use Jacobson or Hamby as their surname. On March 14,1985, Judge J." Do not lift it out of the facts the court was deciding.
Jay A. LEMBACH, Plaintiff and Appellant, v. Barbara A. COX, Defendant and Respondent
…(1953), seeks reversal of an amended judgment which awarded custody of the 1 1/2 year old boy to his mother. The father contends: (1) the trial court applied erroneous legal standards to determine custody; (2) the trial court made findings and conclusions unsupported by the evidence; (3) the application of a maternal presumption was a sexual preference which violated the equal…
Jay A. LEMBACH, Plaintiff and Appellant, v. Barbara A. COX, Defendant and Respondent is worth reading on Utah child custody because the court put the point in its own words: "(1953), seeks reversal of an amended judgment which awarded custody of the 1 1/2 year old boy to his mother. The father contends: (1) the trial court applied erroneous legal standards to determine custody; (2) the trial court made findings and conclusions unsupported by the evide" Use that passage as the starting point, then read the facts that precede it.
Karla KISHPAUGH (Kornmayer), Plaintiff and Respondent, v. Richard Bruce KISHPAUGH, Defendant and Appellant
…ERMAN, Justice: Richard Kishpaugh appeals an order awarding custody of his natural child, Brian Kishpaugh, to William and Kathryn Kornmayer, the boy’s maternal grandparents. Richard challenges the trial court’s finding that the presumption in favor of a natural parent, most recently articulated by this Court in Hutchison v. Hutchison, 649 P.2d 38 (Utah 1982), had been rebutted…
Practitioners open Karla KISHPAUGH (Kornmayer), Plaintiff and Respondent, v. Richard Bruce KISHPAUGH, Defendant and Appellant when Utah child custody turns on the distinction in this sentence: "ERMAN, Justice: Richard Kishpaugh appeals an order awarding custody of his natural child, Brian Kishpaugh, to William and Kathryn Kornmayer, the boy’s maternal grandparents." Do not lift it out of the facts the court was deciding.
Amber S. TAYLOR Fka Amber S. Elison, Petitioner and Appellant, v. Clinton J. ELISON, Respondent and Appellee
…ated divorce decree that automatically transferred physical custody of the parties' two children to Clinton J. Elison (Father) without first considering whether a change in the existing physical custody would be in the children's best interests. We reverse and remand. BACKGROUND ¶ 2 In May 2000, Mother and Father were married, and the marriage resulted in two children. The coup…
Practitioners open Amber S. TAYLOR Fka Amber S. Elison, Petitioner and Appellant, v. Clinton J. ELISON, Respondent and Appellee when Utah child custody turns on the distinction in this sentence: "Clinton J. Elison (Father) without first considering whether a change in the existing physical custody would be in the children's best interests. We reverse and remand. BACKGROUND ¶ 2 In May 2000, Mother and Father were married, and the marriage resulted in two children." Do not lift it out of the facts the court was deciding.
R.B. v. L.B.
R.B. v. L.B., 2014 UT App 270 (2014)
…GS concurred.1 PEARCE, Judge: ¶1 This case involves a child custody agreement made by divorcing parents. The agreement contemplated that L.B. 1. The Honorable Judith M. Billings, Senior Judge, sat by special assignment as authorized by law. See generally Utah R. Jud. Admin. 11-201(6). R.B. v. L.B. (Mother) would have custody of their minor son (Child) until he entered the seven…
Utah opinions such as R.B. v. L.B. are cited where child custody is disputed. The court stated: "GS concurred.1 PEARCE, Judge: ¶1 This case involves a child custody agreement made by divorcing parents. The agreement contemplated that L.B. 1. The Honorable Judith M. Billings, Senior Judge, sat by special assignment as authorized by law. See generally Utah R. Jud. Admin." That is the language to brief; the rest of the decision supplies the procedural posture.
R.B., and v. L.B., and
R.B., and v. L.B., and, 773 Utah Adv. Rep. 14 (2014)
PEARCE, Judge: {1 This case involves a child custody agreement made by divorcing parents. The agreement contemplated that L.B. (Mother) would have custody of their minor son (Child) until he entered the seventh grade. The parties agreed that at that point: (1) a custody evaluator would assess whether a change in custody to R.B. (Father) remained in Child's best i…
R.B., and v. L.B., and is worth reading on Utah child custody because the court put the point in its own words: "PEARCE, Judge: {1 This case involves a child custody agreement made by divorcing parents. The agreement contemplated that L.B. (Mother) would have custody of their minor son (Child) until he entered the seventh grade." Use that passage as the starting point, then read the facts that precede it.
Douglas Patrick DOYLE, Petitioner and Appellant, v. Robin Elaine DOYLE, Respondent and Appellee
…Doyle petitioned the trial court for a modification of the custody of her son, Hyrum. After a two-day bench trial, the court granted her petition, transferring custody from the child's father, Doug Doyle, to Robin. Doug appealed to the court of appeals, which affirmed in part and reversed and remanded in part. Doug then sought certiorari here on the issues affirmed by the cour…
Douglas Patrick DOYLE, Petitioner and Appellant, v. Robin Elaine DOYLE, Respondent and Appellee is worth reading on Utah child custody because the court put the point in its own words: "Doyle petitioned the trial court for a modification of the custody of her son, Hyrum. After a two-day bench trial, the court granted her petition, transferring custody from the child's father, Doug Doyle, to Robin." Use that passage as the starting point, then read the facts that precede it.
Key takeaways
- Best-interests standard: Courts apply best-interests factors under § 30-3-10, including parental capacity, the child’s relationship with each parent, and any history of domestic violence or abuse.
- Labels used in Utah: Legal custody and physical custody; parent-time schedules implement physical custody..
- Parenting-time posture: Joint legal custody is favored when parents can cooperate; parent-time follows advisory guidelines unless otherwise ordered.
- Relocation: A parent seeking to relocate with the child must generally provide notice under § 30-3-37 and may need court modification if the other parent objects.
- Modification: A material and substantial change of circumstances is required to modify custody.
- Primary authority: Utah Code §§ 30-3-10 to 30-3-10.9.
Best-interests factors in Utah
Courts apply best-interests factors under § 30-3-10, including parental capacity, the child’s relationship with each parent, and any history of domestic violence or abuse.
Legal custody, physical custody, and parenting time
Legal custody and physical custody; parent-time schedules implement physical custody.
Joint legal custody is favored when parents can cooperate; parent-time follows advisory guidelines unless otherwise ordered.
Frequently asked questions
What does Utah call “custody”?
Legal custody and physical custody; parent-time schedules implement physical custody.
Can I move out of state with my child?
A parent seeking to relocate with the child must generally provide notice under § 30-3-37 and may need court modification if the other parent objects.
How do I change an existing custody order in Utah?
A material and substantial change of circumstances is required to modify custody.
This guide covers Utah custody law as of 2026. Verify the live statute and any local parenting-time guidelines before relying on this summary.