What You Need to Know About Utah’s 50/50 Child Custody Statute
On May 1, 2021, Utah’s 50/50 child custody statute went into effect. Also referred to as the “Equal Parent-Time Schedule” statute, this law allows parents to share equal physical custody unless there are reasons it would not be in the best interests of the child. There are several factors a court would evaluate under the statute to determine whether an Equal Parent-Time Schedule is appropriate. However, parents should also consider the needs of their child and family when deciding whether a 50/50 child custody agreement is doable — and will provide the child with the stability they need.
What Does Joint Physical Custody Mean?
Each parent has a right to spend time with their child. In fact, studies show that children benefit from having two good parents who are actively involved in their lives. This is why Utah courts typically favor a joint custody arrangement whenever possible. However, joint custody doesn't necessarily mean the parents have 50/50 child custody or spend an equal amount of time with their child. Under Utah law, it means the child stays with each parent overnight for more than 30% of the year. When custody is joint, both parents must also contribute to the child's expenses — as well as pay child support.
Utah’s custody law provides three parent-time schedule options for parents who share custody:
- The standard minimum parent-time schedule that provides a parent with one three-hour visit each week and every other weekend
- A 60/40 schedule
- A 50/50 schedule
With joint custody, both parents have the same physical and legal custody over their children. These arrangements usually work best when parents live near each other and are amicable. If distance makes joint decision-making impractical, a parent cannot communicate with the other in a healthy manner, or a parent shows little interest in the child, a court would likely not order joint custody.
What is an Equal Parent-Time Schedule?
If parents are unable to reach an agreement regarding a custody plan, Utah law provides a standard minimum parent-time schedule. The equal parent-time schedule set forth under Utah Code § 30-3-35.2 helps to balance the time each parent will have with the child. Pursuant to this statute, neither parent is considered to have the child a majority of the time. Rather, they share 50/50 child custody and divide parenting time equally.
The statute provides that parents can pick what the 50/50 child custody schedule should look like. Alternatively, they can use the schedule the state provides, which looks like this: Parent 1 gets the child Monday and Tuesday each week, Parent 2 gets Wednesday and Thursday each week, and they rotate parent-time from Friday to Monday every other weekend. When creating a schedule, parents should also take holidays into consideration and determine which parent will have the child in odd years, and who will spend time with the child in even years.
When Can the Court Order an Equal Parent-Time Schedule?
By law, a judge in Utah may order an equal parent-time schedule if the court determines that the schedule is in the child’s best interests; each child has been actively involved in the child’s life; and each parent can effectively facilitate the equal parent-time schedule. In determining whether each parent has been actively involved in the child’s life, the court is required to consider a number of factors, including the following:
- The responsibility each parent demonstrated in caring for the child
- Each parent’s involvement in the care of the child
- Each parent’s presence or volunteer efforts in the child’s school and at their extracurricular activities
- Each parent’s assistance to the child with their homework
- Each parent’s involvement in preparing the child’s meals, bath time, and bedtime
- The emotional bond each parent has with the child
- Any other relevant factors
When determining whether each parent is able to effectively facilitate the equal parent-time schedule, a judge must consider the distance between the residences of the parents — as well as how far each parent is from the child’s school. The court will also evaluate each parent’s ability to help with after school care; the health of the child and the parents; the flexibility of each parent’s employment; each parent’s ability to provide appropriate playtime; and each parent’s ability to implement a flexible schedule. Other factors a court will consider include the physical facilities of each party’s residence and any other factors deemed relevant.
Learn More About Utah’s 50/50 Child Custody Law
If you would like to obtain 50/50 child custody in Utah, it’s essential to have a skillful family law attorney by your side who can best advise you regarding your options — and protect the best interests of your child. Based in Salt Lake City, BartonWood provides knowledgeable counsel and trusted representation to clients for a wide variety of family law issues, including those involving child custody.
To learn more about our legal services and how we can assist you, call 801-326-8300 or contact us to schedule a consultation.