When a couple divorces and there is a minor child involved, the divorce decree will specify who has physical custody as well as legal custody of the child. Physical custody determines where and with whom the child will live. Legal custody specifies who has the legal right to make important decisions about the child related to issues such as education, religion, medical issues, and discipline. Spouses often reach an agreement regarding child custody on their own, but if they do not, a Utah court will intervene and establish custody arrangements based on the best interest of the child. Divorcesource.com provides a complete summary of divorce and custody laws in the state of Utah.

There are typically several different custody arrangements that may be made for children of divorced parents. In most cases, courts will award physical custody to one parent with whom the child will live most of the time. The parent with physical custody, or the custodial parent, often shares legal custody, or the right to make decisions regarding the child, with the non-custodial parent. Many child custody arrangements involve joint custody in which the child spends a relatively equal amount of time with each parent.

According to Utah law, courts may award sole or joint custody based on the best interest and welfare of the child. The best interest and welfare of the child are determined by the court's consideration and evaluation of the following factors:

• Past conduct and moral standards of the parents
• Which parent is likely to act in the best interest of the child
• Which parent is most likely to allow frequent and continuing contact with the non-custodial parent
• Whether the physical, psychological, and emotional needs and development of the child will benefit from joint custody or physical custody
• Ability of parents to give first priority to the welfare of the child and reach shared decisions in the child's best interest
• Whether each parent is capable of encouraging and accepting a positive relationship between the child and the other parent
• Whether both parents participated in raising the child before their divorce
• Geographical proximity of the parents' homes
• Preference of the child if he or she is mature enough to form an intelligent preference
• Maturity of the parents
• Past and present ability of the parents to cooperate with each other
• Any history of child or spouse abuse
• Any other relevant factors

The court may take into consideration the child's desires regarding future custody or parent-time schedules. However, the child's expressed desires are not controlling, and the court may otherwise determine the child's custody or parent-time. The wishes of a child who is age 16 or older are given added weight, but they are not the single controlling factor in custody decisions.

Utah has advisory visitation guidelines. The court also considers the best interest of the child when determining custody rights of parents and visitation rights of grandparents and other members of the immediate family. For a comprehensive review of child custody laws in Utah, go to lawyers.com.