Utah Law: Divorce, Family Law, child custody, child support, visitation, parent time, alimony, spousal support, mediation, divorce classes, and other family law issues

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Utah Code, Section 30-3-10.2

30-3-10.2. Joint legal custody order--Factors for court determination--Public assistance

(1) The court may order joint legal custody if it determines that joint legal custody is in the best interest of the child and:

(a) both parents agree to an order of joint legal custody; or

(b) both parents appear capable of implementing joint legal custody.

(2) In determining whether the best interest of a child will be served by ordering joint custody, the court shall consider the following factors:

(b) the ability of the parents to give first priority to the welfare of the child and reach shared decisions in the child's best interest;

(c) whether each parent is capable of encouraging and accepting a positive relationship between the child and the other parent;

(d) whether both parents participated in raising the child before the divorce;

(e) the geographical proximity of the homes of the parents;

(f) the preference of the child if the child is of sufficient age and capacity to reason so as to form an intelligent preference as to joint legal custody;

(g) the maturity of the parents and their willingness and ability to protect the child from conflict that may arise between the parents; and

(h) any other factors the court finds relevant.

(3) The determination of the best interest of the child shall be by a preponderance of the evidence.

(4) The court shall inform both parties that an order for joint custody may preclude eligibility for public assistance in the form of aid to families with dependent children, and that if public assistance is required for the support of children of the parties at any time subsequent to an order of joint legal custody, the order may be terminated under Section 30-3-10.4.

(5) The court may order that where possible the parties attempt to settle future disputes by a dispute resolution method before seeking enforcement or modification of the terms and conditions of the order of joint legal custody through litigation, except in emergency situations requiring ex parte orders to protect the child.