30-3-10 - Custody of children in case of separation or divorce -- Custody consideration.
30-3-10. Custody of children in case of separation or divorce -- Custodyconsideration.
(1) If a husband and wife having minor children are separated, or their marriage isdeclared void or dissolved, the court shall make an order for the future care and custody of theminor children as it considers appropriate.
(a) In determining any form of custody, the court shall consider the best interests of thechild 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 allowingthe child frequent and continuing contact with the noncustodial parent;
(iii) the extent of bonding between the parent and child, meaning the depth, quality, andnature 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 ofcustody 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 factdetermines that extenuating circumstances exist that would necessitate the testimony of thechildren 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'sdesires regarding future custody or parent-time schedules, but the expressed desires are notcontrolling and the court may determine the children's custody or parent-time otherwise. Thedesires of a child 16 years of age or older shall be given added weight, but is not the singlecontrolling 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 beobtained but is not necessary if the court finds that an interview with the children is the onlymethod to ascertain the child's desires regarding custody.
(2) In awarding custody, the court shall consider, among other factors the court findsrelevant, which parent is most likely to act in the best interests of the child, including allowingthe child frequent and continuing contact with the noncustodial parent as the court findsappropriate.
(3) If the court finds that one parent does not desire custody of the child, the court shalltake that evidence into consideration in determining whether to award custody to the otherparent.
(4) (a) Except as provided in Subsection (4)(b), a court may not discriminate against aparent due to a disability, as defined in Section 57-21-2, in awarding custody or determiningwhether 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 determiningwhether a substantial change has occurred for the purpose of modifying an award of custody, theparent with a disability may rebut any evidence, presumption, or inference arising from thedisability by showing that:
(i) the disability does not significantly or substantially inhibit the parent's ability toprovide for the physical and emotional needs of the child at issue; or
(ii) the parent with a disability has sufficient human, monetary, or other resourcesavailable 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 Title78B, Chapter 6, Part 1, Utah Adoption Act.
(5) This section establishes neither a preference nor a presumption for or against jointlegal custody, joint physical custody or sole custody, but allows the court and the family thewidest discretion to choose a parenting plan that is in the best interest of the child.
Amended by Chapter 237, 2010 General Session