Custody

There is a list of factors that the judge can or must consider in order to decide if giving custody and parent-time to an abusive parent is in the child’s best interests.¹ For more information, see What factors will a judge consider when deciding custody and parent-time?

The safety and well-being of you and your child 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, unless you got a no-fault order.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 they believe is best for your child. This means that even if the abuser committed domestic violence, they 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 Utah Code § 81-9-204(3)
² Utah Code § 81-9-204(10)(b)
³ Utah Code § 81-9-204(10)(a), (10)(c)
⁴ Utah Code § 81-9-204(11)