| Chapter 3 of Title 30 in the Utah Code contain the | | | | physical, physiological, and emotional needs and |
| very important custody laws of the state. These are | | | | development of the child will benefit from joint custody; |
| the statutes that the legislature has passed to help | | | | the ability of the parents to put the child's needs first |
| courts and parents settle custody issues. One of the | | | | when making decisions; whether each parent is |
| biggest issues that parents must handle is making a | | | | capable of encouraging the child to maintain and |
| proper parenting plan. Here are some of the guidelines | | | | develop a loving relationship with the other parent; |
| in the Utah Code that affect the parenting plan. | | | | whether each parent participated in raising the children |
| Separating mothers and fathers should acquaint | | | | before separating; the geographical proximity of the |
| themselves with these so they can make a custody | | | | parents' homes; the preference of the child; the |
| agreement that the state will approve. | | | | maturity of the parents and their ability to shield the |
| Section 10 of Chapter 3 explains that the primary | | | | child from harmful conflict; if the parents are able to |
| consideration when determining a custody agreement | | | | cooperate; and if there has been any history of abuse |
| is what is best for the child. The state holds firmly to | | | | or violence in the family. |
| this standard, and it means that the mother and father | | | | Even though the court considers joint custody in every |
| must come up with a plan that is based on what the | | | | case, it doesn't mean that joint custody is awarded. |
| children need. The courts will not accept an agreement | | | | Anytime that parents are able to agree on a parenting |
| that isn't in the child's best interest. | | | | plan, they can submit it to the court and have it |
| Section 10 also explicitly states that Utah considers | | | | accepted. When the parents are not able to |
| joint custody in every situation. Joint custody is when | | | | cooperate on a custody agreement, the judge |
| the responsibilities of parenting are shared by both | | | | determines what the agreement will be. When deciding |
| parents. It doesn't mean that the mother and father get | | | | on the issues of the agreement, the judge will consider |
| exactly equal time, rather it means that the mother and | | | | the moral character of both parents, which parent is |
| father are both very involved in raising the children. If | | | | most likely to act in the best interest of the child, which |
| both or one of the parents creates a parenting plan | | | | parent will encourage the child to have a relationship |
| that shows how joint physical and/or joint legal | | | | with the other parent, and the extent of bonding |
| custody benefits the children, the court will approve it. | | | | between each parent and the child. |
| The court will also order joint custody when: the | | | | |