What are the primary concerns of the courts in determining parenting issues? Why?
In Utah (and in no particular order), the court must consider the factors articulated in these sections of the Utah Code when making a legal and physical custody award:
- § 30-3-10. Custody of a child — Custody factors.
- § 30-3-10.2. Joint custody order — Factors for court determination — Public assistance.
- § 30-3-34. Parent-time — Best interests — Rebuttable presumption.
- § 30-3-35.1. Optional schedule for parent-time for children 5 to 18 years of age.
- § 30-3-35.2. Equal parent-time schedule.
If I were to create a list of all factors from the above-referenced Utah Code sections, this answer would be too long, which is why I have provided hyperlinks to the Code sections for your review.
CONCERN FOR FATHERS. What do fathers encounter far too often (not always, but far too often): “How can I rule against the father’s request for an award of joint equal legal and physical custody without my ruling appearing to be contrary to the facts, contrary to the best interest of the children and the irrational, biased or arbitrary, inequitable, discriminatory, unconstitutional thing that it is?”
Utah Family Law, LC | divorceutah.com | 801-466-9277