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Legal Information: Utah

Custody

Laws current as of September 19, 2024

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)