Custody in Utah
In Utah, the court will determine custody based on a variety of factors. Oftentimes, custody determination rests on which party was the primary caretaker of the children during the marriage and/or prior to the court order.
Other factors that are considered:
(a) the child's preference;
(b) the benefit of keeping siblings together;
(c) the relative strength of the child's bond with one or both of the prospective custodians;
(d) the general interest in continuing previously determined custody arrangements where the child is happy and well adjusted;
(e) factors relating to the prospective custodians' character or status or their capacity or willingness to function as parents, including:
(i) moral character and emotional stability;
(ii) duration and depth of desire for custody;
(iii) ability to provide personal rather than surrogate care;
(iv) significant impairment of ability to function as a parent through drug abuse, excessive drinking or other causes;
(v) reasons for having relinquished custody in the past;
(vi) religious compatibility with the child;
(vii) kinship, including in extraordinary circumstances stepparent status;
(viii) financial condition; and
(ix) evidence of abuse of the subject child, another child, or spouse; and
(f) any other factors deemed important by the evaluator, the parties, or the court.