A Basic Framework of Custody in Utah (Updated for Title 81)

Updated for 2026

In every Utah family law case involving a minor child, two distinct types of custody must be addressed: Physical Custody and Legal Custody.

It is important to distinguish “Custody” from “Parent-Time.”

Custody refers to the legal status and decision-making rights regarding the child, as well as where the child primarily lives.

Parent-Time refers to the specific schedule of when the child is with each parent.

Effective September 1, 2024, most of Utah’s core custody, parent-time, and child-support statutes were renumbered
from Title 30 and Title 78B into Title 81.

Below is an updated framework for the 5 basic custody designations, the “Best Interest” factors, and critical rules regarding relocation.

Legal Custody (Decision-Making)

Legal Custody determines who makes major decisions about the child’s life, specifically regarding education, medical care, religious upbringing, and major extracurricular activities.

1. Sole Legal Custody

Authority: One parent has the exclusive authority to make major legal decisions.

Right to Information:
Even where one parent has Sole Legal Custody, Utah’s custody and parent-time guidelines (and most court orders) still require that the custodial parent keep the other parent reasonably informed about the child’s health, education, and welfare, and allow access to important school and medical records.

The non-custodial parent has the right to be informed but does not have the power to decide.

2. Joint Legal Custody (Utah Code 81-9-205)

The Presumption:
Utah law presumes that Joint Legal Custody is in the best interest of the child, unless certain circumstances exist (such as domestic violence, neglect, or abuse; special physical or mental needs of the child or a parent that make joint decisions unreasonable; or a large physical distance between the parents’ homes).

This presumption can be rebutted by showing that joint legal custody is not in the child’s best interest.

Mandatory Parenting Plan:
Under Utah Code 81-9-203, when a case between parents involves custody or parent-time and any form of joint legal or joint physical custody (a “shared parenting” arrangement) is requested, each parent must file a proposed Parenting Plan with their initial petition, answer, or counterclaim. This document must include:

• A dispute-resolution procedure (e.g., mediation or arbitration).
• Allocation of decision-making authority (who decides what).
• A residential schedule.
• Provisions for relocation notice and how parent-time will work if a parent moves.

Resolving Disagreements:
Modern Parenting Plans often assign specific authority to avoid deadlock (for example, one parent has final say on medical care, the other on education). If the Parenting Plan does not include an education provision and the parents cannot agree, Utah law gives the parent with sole physical custody—or, in joint physical custody, the parent with the majority of overnights—the default authority to make certain school-related decisions, subject to the dispute-resolution process in the Parenting Plan.

Physical Custody (Residency)

Physical Custody is tracked by where the child sleeps (overnights). This designation affects child support calculations and where the child’s primary residence is established.

3. Sole Physical Custody

Definition:
The child lives with one parent more than 255 nights per year, and the other parent has 110 or fewer overnights (less than 30% of the year).

The Non-Custodial Role:
The other parent has “parent-time” (visitation), but the child’s primary legal residence is with the custodial parent.

Parent-Time Schedules:
For details on the specific schedules associated with Sole Physical Custody (such as the Standard Schedule or Holiday rotations), please see our guide on New Holiday & Standard Minimum Parent-Time in Utah
.

4. Joint Physical Custody (Utah Code 81-9-101)

The Statutory Threshold:
“Joint Physical Custody” is legally defined as the child staying with each parent overnight for more than 30% of the year.

The Practical Number:
In practice, this means each parent must have at least 111 overnights per year.

Not Necessarily Equal:
Joint Physical Custody does not always mean 50/50 time. It applies to any arrangement where the non-primary parent has at least 111 overnights (often achieved through the “Expanded” or “145 Overnight” schedule).

Child Support Impact:
Once the 111-overnight threshold is met, child support is calculated using the Joint Custody Worksheet. This generally lowers the payment obligation as the number of overnights increases toward equal time.

5. Split Physical Custody

Definition:
This arrangement is only used when there is more than one child, and the court determines it is best for the
children to live in separate households.

Example:
One parent has sole physical custody of the older child, while the other parent has sole physical custody of the younger child.

Part 3: Relocation (Utah Code 81-9-209)

Relocation is a frequent source of conflict. The rules for moving with a child are defined under Utah Code 81-9-209 (formerly 30-3-37).

The 150-Mile Rule:
If a parent intends to move 150 miles or more from the residence of the other parent, specific procedures apply.

Notice Requirement:
The relocating parent must provide 60 days’ advance written notice to the other parent.

The Process:
If the other parent objects or if the move makes the current schedule impractical, the court will hold a hearing. The court will determine whether the move is in the child’s best interest, may change custody if it is not, and will establish a new parent-time schedule (often involving longer blocks of time in the summer to make up for fewer frequent visits) and allocate transportation costs.

How Courts Decide: The “Best Interest” Factors

When parents cannot agree, the court decides custody based on the “Best Interest of the Child.”

Under Utah Code 81-9-204, the court considers, among other things:

• The depth and quality of the bond between the child and each parent.
• Each parent’s ability to “co-parent” (communicate effectively and encourage a relationship with the other parent).
• The physical and mental health of the parents.
• Any history of domestic violence, neglect, or substance abuse.
• The child’s preference (if the child is of sufficient age and maturity), along with many other listed factors.

Summary

The move to Title 81 has clarified the definitions of custody and the requirements for Parenting Plans.

Whether you have 110 nights (Sole) or 111 nights (Joint) makes a significant legal and financial difference because it changes both the custody label and the child-support worksheet used.