Can a parent who committed domestic violence get custody or parent-time?
To decide if giving custody and parent-time to an abusive parent is in the child’s best interests, the judge must consider:
- any evidence of domestic violence, physical abuse, or sexual abuse involving the child, you, or others in your home;
- whether the abuser purposely let the child see pornography or material harmful to minors; and
- whether allowing custody and parent-time with the abuser would put your child’s health or physical or psychological safety at risk.1
Your child’s and your safety and well-being are most important.2 If you have proof of domestic violence, a judge must consider it. If you have a cohabitant abuse protective order, a judge must take this as proof of real or likely harm to your child.3
However, the judge may also consider all the factors listed in How does a judge decide about custody and parent-time? as they relate to both parents. The judge will then decide what s/he believes is best for your child. This means that even if the abuser committed domestic violence, s/he could still get some form of custody or parent-time. Unless there is proof of real or likely harm to the child, Utah law usually assumes a child should have regular, meaningful contact with both parents, and both parents should be actively involved in raising a child.4
Custody cases involving domestic violence can be complicated, so it’s a good idea to talk to a Utah lawyer for advice and help with your case. Our Finding a Lawyer page has links to free and paid lawyers.
1 UT ST § 81-9-204(3)
2 UT ST § 81-9-204(10)(b)
3 UT ST § 81-9-204(10)(a), (10)(c)
4 UT ST § 81-9-204(11)
If my child was conceived from rape, can the person who sexually assaulted me get custody or parent-time?
In most cases, a judge cannot give custody or parent-time to a parent who was convicted of a sexual offense that led to the child’s conception. However, there are two exceptions:
- if you, as the child’s parent or legal guardian, agree to custody or parent-time and the judge decides it’s in the child’s best interest to allow it; or
- if, after the conviction, you lived with the person and created a home together for your child.1
Even if the judge denies parent-time or custody, this does not end (terminate) the person’s parental rights. S/he is still legally responsible for supporting the child financially.2
1 UT ST § 81-9-204(12)
2 UT ST § 81-9-204(13)