Utah Parenting Plan
A Utah parenting plan sets out legal custody, physical custody, and the residential schedule two parents ask the court to approve; Utah ties an order of joint custody to a filed parenting plan under the best interest standard. Attorney review available.
Find out where you stand in Utah
What is your situation with the parenting plan?
DocDraft provides document preparation, not legal advice.
Introduction
In Utah, where custody has two parts, legal custody and physical custody, each of which can be joint or sole, a parenting plan is the written document two parents use to set out that custody and a schedule for their children, whether they are divorcing, were never married, or need to change an existing custody order. In Utah, custody has two parts: legal custody and physical custody, and each can be joint or sole. Joint legal custody is the sharing of the rights, privileges, duties, and powers of a parent by both parents, and joint physical custody means the child stays with each parent overnight for more than 30% of the year, with both parents contributing to the child's expenses (Utah Code Section 30-3-10.1). A Utah court may order joint legal or joint physical custody where one or both parents have filed a parenting plan and the court finds it is in the best interest of the child, decided by a preponderance of the evidence (Utah Code Section 30-3-10.2). The parenting plan must contain provisions for resolution of future disputes between the parents, allocation of decision-making authority, and residential provisions for the child; it allocates decisions about the child's education, health care, and religious upbringing and sets a residential schedule for given days of the year, including holidays, birthdays, and vacations (Utah Code Section 30-3-10.9). DocDraft builds your Utah parenting plan from your family's schedule, with attorney review available before you submit it to the court.
Key Things to Know
- 1
In Utah, a parenting plan is the written document in which two parents set out legal custody and physical custody and a schedule for their children, whether they are divorcing, were never married, or are changing an existing order.
- 2
In Utah, custody has two parts: legal custody and physical custody, and each can be joint or sole (Utah Code Section 30-3-10.1).
- 3
Joint legal custody in Utah is the sharing of the rights, privileges, duties, and powers of a parent by both parents (Utah Code Section 30-3-10.1).
- 4
Joint physical custody in Utah means the child stays with each parent overnight for more than 30% of the year, and both parents contribute to the child's expenses (Utah Code Section 30-3-10.1).
- 5
A Utah court may order joint legal or joint physical custody where one or both parents have filed a parenting plan and it is in the child's best interest, decided by a preponderance of the evidence (Utah Code Section 30-3-10.2).
- 6
A Utah parenting plan must contain provisions for resolution of future disputes between the parents, allocation of decision-making authority, and residential provisions for the child (Utah Code Section 30-3-10.9).
- 7
A Utah parenting plan allocates decisions about the child's education, health care, and religious upbringing and sets a residential schedule for given days of the year, including holidays and vacations (Utah Code Section 30-3-10.9).
Key decisions before you file
Before you file a Parenting Plan in Utah, a few decisions shape the document: which option to choose and what each one means. The Parenting Plan guide walks through them.
Open the Parenting Plan guideCustomize your Parenting Plan Template with DocDraft
Utah Requirements for Parenting Plan
Legal and Physical Custody
In Utah, custody has two parts: legal custody, the sharing of the rights, privileges, duties, and powers of a parent, and physical custody, where the child lives. Each can be joint or sole (Utah Code Section 30-3-10.1). Joint legal custody can still designate a primary residence for the child.
Joint Physical Custody Threshold
In Utah, joint physical custody means the child stays with each parent overnight for more than 30% of the year, and both parents contribute to the expenses of the child in addition to paying child support (Utah Code Section 30-3-10.1). It can involve equal or nearly equal time when that is in the child's best interest.
Best Interest by a Preponderance
A Utah court may order joint legal or joint physical custody where one or both parents have filed a parenting plan and the court finds joint custody is in the child's best interest, and the determination of best interest is made by a preponderance of the evidence (Utah Code Section 30-3-10.2).
Parenting Plan Tied to Joint Custody
Utah ties an order of joint legal or joint physical custody to a parenting plan: the court may order joint custody where one or both parents have filed a parenting plan (Utah Code Section 30-3-10.2). A clear written plan shows the court the joint-custody arrangement the parents are asking it to adopt.
Required Provisions of the Plan
A Utah parenting plan must contain provisions for resolution of future disputes between the parents, allocation of decision-making authority, and residential provisions for the child (Utah Code Section 30-3-10.9). Your plan should address each of these three required parts.
Decision-Making Authority
Your Utah parenting plan should allocate decision-making authority for major decisions about the children's education, health care, and religious upbringing (Utah Code Section 30-3-10.9). Under joint legal custody both parents share these rights and duties, while sole legal custody places them with one parent.
Residential Schedule
Your plan should set a residential schedule that designates in which parent's home the child lives on given days of the year, including holidays, birthdays of family members, vacations, and other special occasions (Utah Code Section 30-3-10.9), along with the regular weekday and weekend routine, summer, exchanges, and transportation.
Dispute Resolution and Court Approval
A Utah parenting plan must include a process for resolving future disputes (Utah Code Section 30-3-10.9). The plan takes effect only when the court approves it under the best interest of the child, decided by a preponderance of the evidence (Utah Code Section 30-3-10.2).