2015 Utah Code
Title 30 - Husband and Wife
Chapter 3 - Divorce
Section 10.2 - Joint custody order -- Factors for court determination -- Public assistance.

30-3-10.2. Joint custody order -- Factors for court determination -- Public assistance.

• (1) The court may order joint legal custody or joint physical custody or both if one or both parents have filed a parenting plan in accordance with Section 30-3-10.8 and it determines that joint legal custody or joint physical custody or both is in the best interest of the child.

• (2) In determining whether the best interest of a child will be served by ordering joint legal or physical custody, the court shall consider the following factors:
  • (a) whether the physical, psychological, and emotional needs and development of the child will benefit from joint legal or physical custody;
  • (b) the ability of the parents to give first priority to the welfare of the child and reach shared decisions in the child's best interest;
  • (c) whether each parent is capable of encouraging and accepting a positive relationship between the child and the other parent, including the sharing of love, affection, and contact between the child and the other parent;
  • (d) whether both parents participated in raising the child before the divorce;
  • (e) the geographical proximity of the homes of the parents;
  • (f) the preference of the child if the child is of sufficient age and capacity to reason so as to form an intelligent preference as to joint legal or physical custody;
  • (g) the maturity of the parents and their willingness and ability to protect the child from conflict that may arise between the parents;
  • (h) the past and present ability of the parents to cooperate with each other and make decisions jointly;
  • (i) any history of, or potential for, child abuse, spouse abuse, or kidnaping; and
  • (j) any other factors the court finds relevant.

• (3) The determination of the best interest of the child shall be by a preponderance of the evidence.

• (4) The court shall inform both parties that an order for joint physical custody may preclude eligibility for cash assistance provided under Title 35A, Chapter 3, Employment Support Act.

• (5) The court may order that where possible the parties attempt to settle future disputes by a dispute resolution method before seeking enforcement or modification of the terms and conditions of the order of joint legal custody or joint physical custody through litigation, except in emergency situations requiring ex parte orders to protect the child.

Amended by Chapter 142, 2005 General Session