General Custody Considerations
If a husband and wife having minor children are separated, or their marriage is declared void or dissolved, the court is required to provide for the future care and custody of the minor children as it considers appropriate.
The court is required, in every case, to consider joint custody but may award any form of custody that the court determines to be in the best interest of the child. There is neither a preference nor a presumption for or against joint legal custody, joint physical custody, or sole custody.
In determining any form of custody, the court is required to consider the best interests of the child and, among other factors the court finds relevant, the past conduct and demonstrated moral standards of each of the parties; which parent is most likely to act in the best interest of the child, including allowing the child frequent and continuing contact with the noncustodial parent; and other factors outlined in Utah Code § 30-3-10.2. In awarding custody, the court will consider, among other factors that the court finds relevant, which parent is most likely to act in the best interests of the child, including allowing the child frequent and continuing contact with the noncustodial parent as the court finds appropriate.
The children may not be required by either party to testify unless the trier of fact determines that extenuating circumstances exist that would necessitate the testimony of the children be heard and there is no other reasonable method to present their testimony. The court may inquire of the children and take into consideration the children's desires regarding future custody or parent-time schedules, but the expressed desires are not controlling and the court may determine the children's custody or parent-time otherwise. The desires of a child 16 years of age or older shall be given added weight, but is not the single controlling factor. If interviews with the children are conducted by the court, the court will conduct them in camera. The prior consent of the parties may be obtained but is not necessary if the court finds that an interview with the children is the only method to ascertain the child's desires regarding custody.
A court may not discriminate against a parent due to a disability in awarding custody or determining whether a substantial change has occurred for the purpose of modifying an award of custody. If a court takes a parent's disability into account in awarding custody or determining whether a substantial change has occurred for the purpose of modifying an award of custody, the parent with a disability may rebut any evidence, presumption, or inference arising from the disability by showing that the disability does not significantly or substantially inhibit the parent's ability to provide for the physical and emotional needs of the child at issue; or the parent with a disability has sufficient human, monetary, or other resources available to supplement the parent's ability to provide for the physical and emotional needs of the child at issue.