Utah Custody and Parent-Time Guidelines

Utah takes a distinctive approach to child custody by using the term “parent-time” instead of “visitation.” This reflects the state’s philosophy that both parents have an active parenting role. Utah also provides one of the most detailed statutory parent-time schedules in the country, with provisions that vary by the child’s age. Combined with a presumption of joint legal custody and comprehensive relocation requirements, Utah gives parents a clear, structured system for sharing time with their children.

For a general overview of custody laws across the country, see our guide on child custody laws explained.

Parent-Time vs. Visitation

Utah deliberately avoids the term “visitation” in its custody statutes. Under Utah Code Title 30, Chapter 3, the non-custodial parent’s time with the child is called “parent-time.” This is more than a semantic choice — it reflects Utah’s recognition that both parents have a meaningful role in their child’s life, and that spending time with a child is an act of parenting, not merely visiting.

Types of Custody in Utah

Utah recognizes two main types of custody:

Legal Custody

Legal custody refers to the right to make major decisions about the child’s welfare — including education, healthcare, religious upbringing, and extracurricular activities. Utah law creates a presumption of joint legal custody, meaning both parents share decision-making authority unless the court finds that joint legal custody is not in the child’s best interest.

Under Utah Code Section 30-3-10.2, this presumption can be overcome if one parent demonstrates that the other is unable or unwilling to participate in decisions, that the parents cannot communicate effectively, or that joint decision-making would be harmful to the child.

Physical Custody

Physical custody determines where the child lives on a day-to-day basis. Utah courts may award:

• Sole physical custody — the child lives primarily with one parent, and the other has parent-time according to the statutory or court-ordered schedule.
• Joint physical custody — the child spends significant time with both parents, though not necessarily a 50/50 split.

The Statutory Minimum Parent-Time Schedule

One of Utah’s most distinctive features is its statutory minimum parent-time schedule, set out in Utah Code Sections 30-3-35 and 30-3-35.5. This schedule establishes the baseline amount of time the non-custodial parent receives with the child. The court can award more parent-time, but generally cannot award less without specific findings justifying the reduction.

Standard Parent-Time Schedule (Children 5-18)

For children ages 5 through 18, the statutory minimum parent-time schedule under Utah Code Section 30-3-35 provides the non-custodial parent with:

Weekday Parent-Time:

• One weekday evening per week, from 5:30 p.m. to 8:30 p.m.

Alternating Weekends:

• Every other weekend, from 6:00 p.m. on Friday to 7:00 p.m. on Sunday (or Monday at 7:00 p.m. if Monday is a holiday)

Holiday Schedule:

• Holidays are alternated between parents on a rotating basis each year. Major holidays include New Year’s Day, Martin Luther King Jr. Day, Presidents’ Day, Easter, Memorial Day, Independence Day, Pioneer Day (a Utah-specific holiday), Labor Day, Columbus Day, Halloween, Thanksgiving (including the day after), and Christmas.
• Christmas is typically split, with one parent having the first half of the break and the other parent having the second half, alternating each year.

Summer Parent-Time:

• The non-custodial parent receives four weeks of extended summer parent-time (two two-week periods), with advance notice required.

Other Provisions:

• Telephone and electronic contact — the non-custodial parent has reasonable access to the child by phone, text, or video call at reasonable hours.
• Special occasions — each parent has parent-time on their own birthday, the child’s birthday (alternating years), Mother’s Day, and Father’s Day.

Parent-Time for Children Under 5

Utah provides a separate, age-appropriate schedule for children under 5 under Utah Code Section 30-3-35.5. This schedule recognizes that younger children have different developmental needs and may not be ready for overnight stays or extended periods away from their primary caregiver.

Children ages 0-5 months:

• Six hours of parent-time, three times per week (no overnights)

Children ages 5-9 months:

• Six hours of parent-time, three times per week, with one overnight per week beginning at the court’s or parents’ discretion

Children ages 9-12 months:

• One overnight per week, plus one additional three-hour period

Children ages 12-18 months:

• One overnight per week, plus one three-hour midweek visit, transitioning to alternating weekends

Children ages 18 months to 3 years:

• Alternating weekends (one overnight), plus a midweek visit

Children ages 3 to 5:

• Alternating weekends (two overnights), plus a midweek visit, transitioning to the standard schedule

Best Interest Factors

When determining custody and parent-time arrangements, Utah courts apply the best interest of the child standard. Under Utah Code Section 30-3-10, the court considers a range of factors, including:

• The past conduct and demonstrated moral standards of each parent
• Which parent is more likely to act in the child’s best interest — including allowing frequent, meaningful contact with the other parent
• The extent of bonding between each parent and the child
• Whether the child’s needs will benefit from joint custody
• The ability of the parents to prioritize the child’s welfare and cooperate
• Whether each parent encourages a positive relationship with the other parent
• Whether both parents participated in raising the child before divorce
• Geographic proximity of the parents’ homes
• The child’s preference if of sufficient age and capacity
• Any history of domestic violence, abuse, or neglect

The court weighs these factors holistically. Domestic violence and a parent’s willingness to foster the child’s relationship with the other parent tend to carry the most weight.

Advisory Guidelines

Utah law also includes advisory guidelines under Utah Code Section 30-3-33 that encourage:

• Frequent and meaningful contact between the child and both parents
• Flexibility and cooperation between parents in scheduling
• Stability and consistency in the child’s routine
• Open communication between the child and the non-custodial parent
• Avoidance of conflict in front of the child — including not using the child as a messenger or making disparaging remarks about the other parent

These guidelines are not binding, but courts expect parents to follow them. A parent who consistently violates these principles may face unfavorable consequences in custody proceedings.

Relocation Requirements

Utah has specific statutory requirements for parents who want to relocate with a child. Under Utah Code Section 30-3-37, a parent who intends to move 150 miles or more from the residence of the other parent must provide written notice at least 60 days before the planned move.

The notice must include:

• The intended relocation date
• The address of the intended new residence (or as much information as is known)
• The reasons for the proposed relocation

The non-relocating parent can object to the move. If the parents cannot agree, the court decides whether the relocation serves the child’s best interest, considering the reason for the move, the impact on the child’s relationship with the non-relocating parent, whether a modified schedule can preserve that relationship, and the child’s adjustment to their current community.

A parent who relocates without providing the required notice may face serious consequences, including the court’s refusal to approve the move, modification of custody, or a finding of contempt.

Mandatory Mediation for Custody Disputes

Under Utah Code Section 30-3-39, the court must order mediation in contested custody and parent-time cases before allowing the matter to proceed to trial. Mediation gives parents the opportunity to work out a custody arrangement with the help of a neutral third party, without the cost and adversarial nature of a trial.

Exceptions exist for cases involving domestic violence or child abuse, where the court may waive the mediation requirement.

Modifying Custody and Parent-Time

Custody and parent-time orders can be modified upon a substantial and material change in circumstances. Under Utah Code Section 30-3-10.4, the parent must show the change was not anticipated at the time of the original order and that modification serves the child’s best interest.

Within the first three years after the initial order, Utah applies a higher standard — the parent must show serious endangerment to the child. After three years, the standard relaxes to a general material change in circumstances test.

What to Do Next

If you are involved in a custody or parent-time dispute in Utah, document your involvement in your child’s life — school activities, medical appointments, extracurricular events, and daily caregiving. Familiarize yourself with the statutory parent-time schedule for your child’s age group.

For more on custody topics, see our guides on types of child custody and how child custody is determined.

To discuss your case with an experienced family law attorney, schedule a free consultation. A Utah custody attorney can help you understand the statutory schedule, evaluate your case, and develop a strategy that protects your relationship with your child.

Frequently Asked Questions

What is the difference between parent-time and visitation?

In practice, parent-time and visitation refer to the same thing — the time a non-custodial parent spends with the child. Utah uses “parent-time” instead of “visitation” to emphasize that both parents are actively parenting, not merely visiting. The change in terminology reflects a broader shift toward recognizing the importance of both parents in a child’s life.

Does Utah presume joint custody?

Utah presumes joint legal custody — meaning both parents share decision-making authority — unless the court finds it is not in the child’s best interest. There is no statutory presumption of joint physical custody, though courts may award it when appropriate. Physical custody arrangements depend on the specific facts of the case.

Can I get more parent-time than the statutory minimum?

Yes. The statutory schedule is a minimum baseline. Parents can agree to more parent-time, and the court can order additional time if it serves the child’s best interest. Many parents negotiate schedules that exceed the statutory minimum, including equal or near-equal time-sharing arrangements.

What happens if the other parent denies my parent-time?

If a parent denies court-ordered parent-time, you can file a motion for contempt or a motion to enforce the parent-time order. The court may order make-up parent-time, award attorney fees to the denied parent, impose fines, or — in cases of repeated, willful violations — modify the custody arrangement. Utah law treats the denial of parent-time as a serious matter.

How far can I move with my child without the other parent’s consent?

If you plan to move 150 miles or more from the other parent’s residence, you must provide at least 60 days’ written notice before the move. The other parent can object, and the court will decide whether the relocation serves the child’s best interest. Moving without proper notice can result in the court ordering you to return, modifying custody, or finding you in contempt.