Custody

When deciding on joint legal custody, joint physical custody, or both, the judge must consider:

1. whether some form of joint custody would support the child’s needs and development;
2. if the parents can prioritize the child’s best interests and make shared decisions;
3. how well the parents co-parent, including whether they: 
   • communicate appropriately with each other;
   • encourage a loving relationship between the child and the other parent; and
   • allow the child to have “frequent and continuous contact” with the other parent, though if a parent limits contact to protect the child from domestic violence, abuse, or neglect, the judge may consider this;
4. whether both parents participated in raising the child before they separated or divorced;
5. how close the parents live to each other;
6. the child’s preference if s/he is old enough and able to express it;
7. the parents’ maturity, and their ability and willingness to shield the child from conflict;
8. how well the parents work together and make joint decisions, now and in the past; and
9. any other factors the judge believes are relevant.¹

These factors are in addition to the other “best interest” considerations listed in How does a judge decide about custody and parent-time?¹

¹ UT ST § 81-9-205(2)