Introduction to Utah Family Law Statutes and Court Rules.  Laws called statutes are posted online by the Utah legislature, as the Utah Code (U.C.A.).  The courts post the Utah Rules of Civil Procedure (URCP) online.  Both are important to your case.  It may be helpful to think of the “statutes” as the guidelines, factors, and standards to be considered/applied by the court in deciding your case.  You can think of the “rules” as the procedure you must follow for filing papers and presenting evidence to the court, and for moving your case through the court.  Prior case decisions (decided on appeal), called “case law” also affect how the court applies statutes and rules to later cases.

Child Custody.  Custody and parent time history (whether or not agreed to), including from the time of separation until reaching court, heavily impacts the court’s evaluation, especially if you don’t get to court quickly.  UCA 30-3-10 contains a list of considerations the court applies.  (Although the custody and parent time provisions are in the husband and wife section of the UCA, they also apply for unwed parents.)   There are statutory parent time schedules, but you may create and propose any schedule you believe is best for the child(ren).  You should consult with an experienced family law attorney as soon as possible regarding custody and parent time issues.  Nothing on this website is intended as legal advice.

Joint Child Custody (part 1).  UCA Section 30-3-10.1  defines joint legal custody and joint physical custody, which are two different things.  UCA Section 30-3-10.2  provides various factors for the court to consider in deciding whether a joint custody arrangement is appropriate.  UCA Section 30-3-10.8 requires filing a parenting plan when seeking any joint custody arrangement, and Section 30-3-10.9 describes requirements for parenting plans.  Section 30-3-10.4 sets requirements for modifying or terminating a joint custody arrangement.  Other statutes and rules apply.  You should consult with a family law attorney about how any law may or may not affect your particular case.

Joint Child Custody (part 2 – attorney comment).  There are many ways to arrange joint custody for your children, any number of schedules, any number of decision making arrangements, and more.  The court generally accepts whatever plan that you agree on with the other parent.  The primary consideration of the court is what arrangement promotes the best interests of your child(ren).  Fairness for either parent is not the standard applied by the court.   Mediation can help you reach an agreement, which you can customize more than what the court generally will do.   Nothing on this website is intended as legal advice.  You should hire an attorney to obtain legal advice for your case.

Minimum Statutory Parent Time Schedules (Traditional).  The traditional and minimum parent time schedule for noncustodial parents (every other weekend and one weekday evening per week) is described at UCA 30-3-35 for children 5-18 years old, and there is another schedule for younger children, described at UCA 30-3-35.5.  These traditional schedules are still common and work well for many parents.  Regardless of your parent time arrangement subsections (c) through (j) of UCA 30-3-35 are often adopted for the limited purpose of setting an alternating holiday sharing schedule.  You should consult with a family law attorney about how any provision of any law may or may not affect your particular case.

Optional Statutory Parent Time Schedule (145 Overnights).  Significantly, there is a fairly new (since May 2015) optional parent time schedule in the statutes, at UCA 30-3-35.1, which is popular.  It is intended for children 5-18 years old, but it may be applied to younger children.  It requires the “noncustodial” parent to demonstrate various factors, including that the optional schedule is in the child(ren)’s best interests.  With 145 overnights a year for the “noncustodial” parent, it is by definition a joint physical custody arrangement (see UCA 30-3-10.1), and it requires a parenting plan under UCA 30-3-10.8.  You should consult with a family law attorney about how any statutory provision may or may not affect your case.

Child Support.  In the vast majority of cases, child support is formulaic, and the online child support calculator  provided by The Utah Office of Recovery Services (ORS) can calculate support.  However, issues arise over income and parent time overnights (both are calculator inputs).  You can try out different scenarios with the calculator to see how different inputs affect support.  Ongoing child support is the child(ren)’s right, and typically cannot be waived.  In contrast, reimbursement of child support (arrears) is the right of the parent (or the State) that provided for the child.  (Arrears may be waived by a signed agreement.)  Nothing on this website is intended as legal advice.  You should consult an experienced family law attorney regarding child support issues.

Utah Advisory Guidelines.   UCA 30-3-33 contains numerous guidelines you may want to use.  It addresses several common custody and parent time issues, like pick-up, drop off, access to school information and medical records, and more.  You may choose to incorporate all of them in your filings, or pick and choose and adjust them to suit your case.  If you don’t include them, the court may nevertheless choose to apply some of them later, but typically you should specifically include the provisions you want in your court filings.  This is not intended as legal advice.  Every case is different.  You should hire a family law attorney for advice about how any law may or may not affect your case.

Parental Relocation.  When one parent wants to move some distance away, it will inevitably affect the custody and parent time arrangements in a significant way.  There are rules at UCA 30-3-37 that apply when relocating 150 miles or more away, which include advance notice requirements, a different minimum parent time schedule, allocation of travel expenses and more.  Other laws may also apply.  Relocation is an issue you would do well to discuss with an attorney well in advance of any move.  You should consult with a family law attorney about how any law or provision may or may not affect your particular case.

 Alimony.  The issue of alimony tends to be less predictable than others.  You should consult with an experienced family law attorney before agreeing to (or paying) any alimony.  Unlike child support, there is no formula.  UCA 30-3-5(8)  lists many factors for the court to consider.  Absent extenuating circumstances, alimony cannot be ordered for a duration longer than the number of years of the marriage (and it is often shorter).  Also, alimony typically terminates upon re-marriage or co-habitation by the receiving spouse.  Nothing on this website is intended as legal advice.  Every case is different.  You should hire an experienced family law attorney for advice regarding alimony.

Alimony and Fault.  The court may consider fault as a factor in determining alimony, as described at UCA 30-3-5(8)(b)-(c).  However, in practice, the court virtually never gives the fault of infidelity any significant weight, notwithstanding UCA 30-3-5(8)(c)(i).   A fault factor that usually would increase alimony is at subsection (8)(c)(iv), such as when the fault of one spouse significantly diminishes the other spouse’s ability to earn.  (A compelling example is an injury caused by spousal abuse that diminishes employment capacity and creates ongoing medical expenses.)  Nothing on this website is intended as legal advice.  Every case is different.  You should hire an experienced family law attorney for alimony advice.

Initial Disclosures.  If your family law case is disputed, both parties must automatically (without request) exchange their “Initial Disclosures,”  according to URCP Rule 26.1.  This is part of the “Discovery” process, which is the process of discovering/obtaining information to present your case.  Deadlines for “Initial Disclosures” are included in Rule 26.1.  Parties should review this rule carefully, at or before the first filing in the case, because a lot of information must be collected and exchanged in a relatively short period of time.  Nothing on this website is intended as legal advice.  You should hire a family law attorney for advice and information for your case.

Discovery of Evidence.  The Utah Rules of Civil Procedure provide processes and deadlines for obtaining information needed to support your case.  In addition to the automatically required “Initial Disclosures,” URCP Rules 26-37 (click the link, then scroll down to Rules 26-37 (Part V of the URCP)) allow you to send written questions, and/or conduct formal face-to-face interviews (called “depositions”), request documents, ask for physical and mental examinations, and even inspect property.  Nothing on this website is intended as legal advice.  You should hire an attorney to determine which discovery processes are appropriate and necessary for your case.

Motions for Temporary Orders and to Enforce Orders.  Before your case is ready for trial (it typically takes many months), you can obtain and enforce temporary orders by filing written “motions,” (formal requests) with the court.  Domestic Relations Commissioners handle most of the motions up until your case is “certified” (deemed ready) for a trial before a judge.  URCP Rule 101 governs the motion, notice, and hearing processes before commissioners.  The most common motions are to obtain temporary orders, and to enforce existing orders (contempt), but other motions can be filed.  Nothing on this website is intended as legal advice.  You should hire an attorney for advice on how to proceed with your case.

Objecting to a Commissioner’s Recommendation.  A commissioner’s “recommendation” is the order of the court, unless altered by a judge.  Generally, a judge will only alter a commissioner’s recommendation if a timely filed objection convinces the judge that the commissioner improperly applied the law (not just that a different order would be better).  However, when objecting to a custody recommendation, parties have a right  (upon request) to a hearing by a judge (except for custody ordered in a protective order proceeding).  After conducting a hearing, a judge is more likely to apply his or her own judgment, and defer less to the commissioner.  See URCP Rule 108(d)(3).  Nothing on this website is intended as legal advice.  You should hire an attorney to obtain advice for your case.

Certification for Trial.  If you are unable to settle your case, it must go to trial for the judge to decide.    You must file a certification with the court that your case is ready for trial, on the court’s form, which includes a checklist of what must have been completed before filing the form.  Domestic relations trials follow the same rules of evidence and procedure as other cases (unless both parties agree to an Informal Trial of Support, Custody and Parent Time, under Rule 4-904).  Nothing on this website is intended as legal advice.  You should hire an attorney to obtain advice for your case.

Informal Trial of Support, Custody and Parent Time.  The Utah Code of Judicial Administration, Rule 4-904 allows for an informal trial on issues of child support, child custody and parent time.  It is only available if both parties agree to it.  A judge (or a commissioner, if both parties agree) conducts the trial.  It reduces attorney prep time (and fees), and gets you to trial sooner.  It dramatically simplifies presenting evidence.  Both parties must sign a waiver of their rights to a regular trial.  Parties can then submit any documents to the judge, and neither party can cross examine witnesses.  However, you can ask the judge to ask a question for you, and the judge will decide whether and how to ask it.  Nothing on this website is intended as legal advice.  You should hire an attorney to obtain advice for your case.

CustodyXchange.com     This is a parent time calendaring and journaling product, and more.  I recommend only the deluxe edition, which helps you maintain a proper journal of planned/ordered parent time vs. actual/exercised parent time.  It also allows for extensive notes for any incident that requires it.  This is my product of choice because it excels at creating court friendly reports that can save hours of attorney or paralegal time.   There are a number of payment options available, rather than a subscription.

www.OurFamilyWizard.com    This is a parenting time calendaring and journaling product, similar to  www.CustodyXchange.com.  Compare and decide which one works best for you.  I prefer CustodyXchange for its extra features, and its reporting formats, but either product is likely adequate.  Unlike CustodyXchange, OurFamilyWizard is a subscription based product.

Protective Order Forms:  The Utah Courts offer free help with protective orders on a walk-in basis, on the main floor of the Matheson Courthouse, located at 450 South State Street, in downtown Salt Lake City.  The link provided here will allow you to download the forms you will need to complete in advance.  Otherwise, you can check in and fill out forms at the courthouse.  I recommend you download them first and consult with an attorney before filing, if time permits for you to do so safely, but it is not strictly necessary.  You should try to arrive three hours before closing, as the process can take some time, and requires a judge’s signature.

UpToParents.org and ProudToParent.org are two websites by husband and wife, Charlie Asher and Barb Asher.  You can read about this Indiana lawyer and social worker team on their “About UTP” page.  Their websites include videos and worksheets that encourage and support healthy co-parenting, problem-solving, and mediation.   I recommend their free resources as very helpful for co-parenting, notwithstanding that Indiana specific information may not be useful.

The Utah Office of Recovery Services (ORS) can help you with many child support issues.  Their website is a bit unwieldy, so start on the “Child Support Services” page.  They host a free, reliable online child support calculator,  that calculates support based on statutory guidelines.  ORS exists for the purpose of collecting child support.  Their fee is nominal.  They offer online access for your ORS case/account.   In most cases they can start collecting child support even before a case is filed in court.  Contact them by phone at: (801) 536-8500 (and see: http://www.ors.utah.gov/access/access.htm).  They’ll let you know what they can not do (such as determine disputed custody).

The Utah Department of Child and Family Services (DCFS)  will investigate concerns about child abuse.  This is a serious matter.  If you suspect child abuse or neglect is occurring, you should call the Child Abuse and Neglect Hotline: 1-855-323-DCFS (3237).   Know that if you are in a child custody or parent time dispute, baseless allegations of abuse or neglect will most likely impact your case negatively.  An intentional false claim of abuse or neglect could easily cause you to lose a custody case that you may otherwise have won, and you could suffer criminal penalties.  Call if you have a reasonable basis to believe child abuse or neglect is occurring.  Do NOT call just to try to help your custody or parent time case.

OCAP  is a generic document preparation program for pro se court filers in Utah, provided by the court.  Although OCAP is a cookie-cutter type option that may not well fit the facts of your case (without that being obvious when you use it), if you can’t afford an attorney to draft documents, it may be your best available option, and it can work.  If you use OCAP, you should at least have an attorney review your documents, explain them, along with the meaning of significant legal jargon, and legal consequences of provisions, and advise you of any changes you should make before filing.

SoberLink is an alcohol monitoring system used immediately before or even  during parent time, for a parent with an alcohol abuse problem.  It sends immediate, real-time results to the other parent, or a third party, or both.  Testing is fast and discrete, done with a hand held system that verifies the face of the user by video, while blowing into the breathalizer device.  This is useful as a more natural (for the parent and child(ren)), more cost effective alternative than professional supervision of parent time by a third party.  See the Soberlink website for more information.

West Ridge Academy in West Jordan provides schooling and clinical care programs for troubled youth ages 9-18.  West Ridge deals with numerous issues, including: education, anxiety disorder, personality disorder, self-esteem, pornography, peers, motivation, lying, mild learning disabilities, bereavement, anger, bipolar, ADD, ADHD, ODD (oppositional defiant disorder), substance abuse, depression or dysthymia, RAD (reactive attachment disorder), OCD, PTSD, eating disorders, physical/sexual abuse, self-harm, and rebellion.  Contact West Ridge Academy at: (801) 282-1000.