Utah Custody Laws for Unmarried Parents

Utah courts decide custody disputes for unmarried parents under the same statutes that guide divorce in Utah, yet the path to a stable order looks different when no marriage certificate exists. Once paternity is legally acknowledged—whether by a Voluntary Declaration of Paternity filed with the Office of Vital Records or by a judicial order—both parents stand on equal legal footing.

If you need a clear plan right away, call Read Law at 801-348-6723 for a top-rated divorce attorney and start building the right custody strategy today.

Parentage Comes First

Establishing parentage is the essential first step before any Utah court can address custody or parent-time. Under the Utah Uniform Parentage Act (UUPA), either biological parent—or the Office of Recovery Services (ORS)—may file a petition under Utah Code § 78B-15-601 to adjudicate paternity. Most parents choose one of three paths.

First, they can complete a Voluntary Declaration of Paternity (VDP) at the hospital or later through Vital Records. A VDP has the force of a judgment 60 days after filing, but either signer may rescind within that 60-day window or challenge it later for fraud, duress, or material mistake.

Second, ORS may initiate an administrative action and order DNA testing; results showing a 99% or higher probability create a rebuttable presumption of fatherhood. Third, a parent can file a district-court petition seeking a paternity decree and related orders for custody, parent-time, and support.

Once parentage is confirmed, the child gains inheritance rights, eligibility for Social Security benefits, and access to the father’s medical history. Failure to act quickly can have harsh consequences. A father who delays may find himself barred from contesting a private adoption because he lacked a “substantial relationship”.

Conversely, an unfounded paternity finding can be set aside if genetic testing later disproves the father–child link, but only within two years of the original order. Given these tight timelines, early legal advice is critical. Parents who reach agreement may stipulate joint legal custody immediately, saving months of litigation and hundreds in filing fees. 

Mothers’ Presumptive Care and Fathers’ Equal Rights

Utah law is gender-neutral, but practical realities give mothers initial control until paternity is adjudicated. Hospitals list the birth mother on the certificate automatically, while an unmarried father’s rights remain inchoate until formal acknowledgment. Once paternity is established, however, courts apply the same standards they use when evaluating custody during divorce: no preference based on gender, religion, or financial status alone.

In Lobendahn v. Lobendahn (2023), the court upheld an award of joint legal and primary physical custody to the father because he consistently attended school conferences and medical appointments while the mother moved residences three times in two years. Similarly, a 2024 case found that the mother’s refusal to facilitate father–child contact justified awarding the father sole legal and physical custody.

Courts increasingly reject the outdated assumption that weekday routines must center on the mother. When both parents live near the child’s school and can maintain comparable schedules, judges often approve equal-time rotations such as 2-2-3, even for toddlers. Key evidence includes documented diaper logs, daycare drop-off records, extracurricular sign-in sheets, and text messages showing cooperative scheduling.

Fathers who proactively assume hands-on caregiving—night-time feedings, homework help, pediatric checkups—meet the “substantial relationship” test and can rebut any lingering bias. Conversely, fathers who delay filing while sporadically exercising parent-time risk losing credibility; courts may view the mother as the de facto custodial parent and preserve continuity for the child.

Ultimately, once parentage is in place, Utah courts measure each parent by conduct, not chromosomes, and will craft orders that maximize stable, loving contact with both homes whenever feasible.

Best-Interest Factors the Court Must Apply

Custody decisions revolve around a multifaceted “best interest of the child” test codified in Utah Code § 81-9-204. The 2024 Legislature refined that statute through H.B. 157 Child Custody Factor Amendments, highlighting new criteria such as (a) each parent’s willingness to shield the child from parental conflict, (b) the child’s mental-health needs—including how each parent supports a child experiencing gender-related distress—and (c) the parents’ ability to cooperate in decision-making.

Traditional factors remain: emotional ties, moral fitness, history of abuse, sibling relationships, and the child’s preference (given more weight after age 14). Courts also look at logistical elements—distance between homes, flexibility of work schedules, and availability of extended-family support. Litigants must file sworn declarations detailing employment hours, child-care arrangements, and any past protective-order findings.

Evidence comes in many forms: school attendance records, therapist letters, extracurricular rosters, and calendars showing actual overnight splits. Judges commonly appoint guardians ad litem or custody evaluators in high-conflict cases; evaluators’ reports carry significant weight, so parents should cooperate fully. Unlike property disputes, custody is never truly “final.” Orders remain modifiable as the child grows, which motivates courts to choose the arrangement that seems most durable.

Parents seeking joint legal custody must also submit a parenting plan outlining dispute-resolution mechanisms—usually mediation, then arbitration—plus methods for sharing information (e.g., a joint Google calendar or co-parenting app). Failure to propose a workable plan may tip the scale toward sole legal custody. Finally, judges discourage disparagement: a parent who posts negative comments on social media or in the child’s earshot may see their credibility sink and their parent-time reduced.

Types of Custody Orders

Utah recognizes four primary custody configurations, each with nuances that mirror rulings in Utah divorces.

• Legal custody concerns major life decisions. Sole legal custody vests authority in one parent; joint legal custody requires genuine cooperation and a written parenting plan.
• Physical custody refers to where the child sleeps. If one parent has 111 or more overnights yearly, that parent is deemed the primary physical custodian; anything closer to a 50/50 split is “joint physical.”
• A joint legal/primary physical model dominates when parents live in the same school catchment but one residence better accommodates school-night routines. True joint physical custody—roughly equal nights—works best when parents reside within 150 miles of each other, a threshold noted in Utah’s relocation statute (now Title 81-9-209). Beyond 150 miles, travel burdens often prompt the court to assign primary status to one parent and award extended holiday blocks to the other.
• Sole custody with generous parent-time remains an option where drug recovery, military deployment, or shift work makes day-to-day sharing impractical; courts then layer in virtual visits to sustain the bond. For infants, judges may order stair-step schedules, gradually increasing overnight time as the child matures.

All custody orders must articulate holiday, summer, and birthday rotations. Utah’s default schedule in  § 81-9-304 grants the non-custodial parent at least one midweek evening and alternating weekends; parents may stipulate to more time. Finally, each decree must designate a tie-breaker on health or education issues—often the parent with primary physical custody—avoiding stalemates that could land families back in court.

Because each configuration carries different child-support ramifications, skilled Utah divorce lawyers routinely draft proposed findings clarifying overnights to prevent future disputes, an approach endorsed in appellate opinions from 2023 and 2024.

Parent-Time Schedules After S.B. 208 (2025)

The Parent-Time and Custody Amendments (S.B. 208), effective May 1 2025, overhaul Utah’s optional enhanced calendars while preserving flexibility for negotiated plans. Statutory tables now list four default rotations: (1) Traditional 60/40—alternating weekends with a midweek overnight; (2) 2-2-3—Monday–Tuesday with Parent A, Wednesday–Thursday with Parent B, alternating weekends; (3) 2-5-5-2—a biweekly pattern popular nationally for school-age children; and (4) Alternating Weeks.

Parents may deviate by agreement, but judges must articulate written findings if they reject all defaults. New Title 81 adds “virtual parent-time” as a statutory right, ensuring FaceTime or Zoom sessions when a parent travels or the child is ill. The bill also clarifies travel-expense sharing: absent contrary order, the parent initiating long-distance relocation now covers 70% of transportation costs, reducing litigation over airline fares.

For children under five, S.B. 208 directs courts to consider shorter, more frequent blocks to avoid long separations from either parent. Holiday language has been modernized, explicitly referencing Juneteenth as a divisible federal holiday. Courts must keep a detailed record of any deviation, facilitating meaningful appellate review.

When parents live more than 150 miles apart, S.B. 208 instructs judges to default to extended summer blocks—up to six consecutive weeks—balanced by shorter school-year visits, a framework often requested by a Salt Lake City divorce lawyer. The bill’s legislative history stresses minimizing conflict through predictable schedules; practitioners report that referencing the statute’s sample calendars in mediation reduces drafting time and rancor. Parents who already have orders may stipulate to adopt the new templates without reopening every custody factor, streamlining post-judgment adjustments.

Child Support and Related Expenses

Utah follows an income-shares formula designed to mimic expenditures in intact households.

• Step one: each parent’s gross monthly income—wages, bonuses, and certain benefits—is entered into the statutory table (Utah Code § 81-6-302);
• Step two: the combined figure yields a base obligation;
• Step three: apportions that amount according to each parent’s percentage of the combined income and number of overnights.

When overnights approach parity, courts apply the “joint-physical custody worksheet,” adding a shared-parenting credit that lowers the higher earner’s transfer payment. Even with equal time, support may flow if incomes differ sharply—an issue common among gig-economy parents. Orders must also address medical insurance premiums, unreimbursed health costs, and work-related child-care.

The statute presumes the parent with employer-sponsored coverage will insure the child, but judges can reallocate premiums when that parent earns significantly less. Tax dependency exemptions rotate or follow the parent who contributes the majority of support.

Uninsured medical expenses exceeding $250 per incident are typically split 50/50, adjustable only if hardship is proven. Enforcement of child support includes automatic income withholding, credit bureau reporting, and license suspensions for those with overdue payments. The Office of Recovery Services (ORS) can intercept tax refunds and deny passports if arrears reach $2,500.

Courts rarely deviate from support guidelines by more than 10%, requiring written findings for any such exception. Modification of child support orders necessitates demonstrating a 10% change in the ordered amount that is at least three years old, or a material change in custody.

Modification

A custody decree in Utah is not permanent and can be modified. A parent seeking a change must demonstrate both a “substantial and material change in circumstances” unforeseeable at the time of the last order, and that the modification serves the child’s best interest. Triggers for modification often include remarriage, a job relocation exceeding 150 miles, a child’s special needs diagnosis, or repeated interference with parent-time.

Relocation specifically requires 60 days’ written notice, a proposed new schedule, and cost-sharing details, with courts scrutinizing whether the move benefits the child’s welfare, as seen in Corn v. Groce. Minor adjustments can be stipulated, but significant changes necessitate a formal petition. It is advisable for parents to update child support simultaneously, as Utah’s forms combine custody, support, and parent-time to prevent piecemeal litigation.

Engaging in divorce mediation in Utah prior to filing can save time and foster cooperation, leading to higher compliance rates. If mediation fails, a Motion to Modify is filed, followed by service to the other party and a mandatory scheduling conference. A child’s preference, particularly after age 14 and articulated in chambers, may hold significant weight in the court’s decision. Failing to adhere to proper procedure, such as relocating before petitioning, can result in adverse outcomes, including loss of primary custody.

Call Early, Plan Wisely

Secure your child’s future with a court order that works in real life and holds up on appeal—Read Law blends seasoned trial advocacy with settlement-driven efficiency to help unmarried parents achieve durable custody solutions; contact us today at 801-348-6723 or through our online form for a free and confidential consultation.