Child Custody Lawyers in Spanish Fork, UT

Parenting Plans in Utah: What the Law Requires

Under Utah Code Section 81-9-203, in any proceeding between parents regarding the custody or parent-time of a minor child, each parent must file and serve a proposed parenting plan at the time of filing their original petition, answer, or counterclaim. This is a statutory requirement, not a formality.

A parenting plan must include a dispute-resolution procedure such as mediation, an allocation of decision-making authority, a residential schedule, and provisions addressing relocation. Modern plans often go further, assigning each parent final decision-making authority on different topics to prevent deadlock. For example, one parent holds final say on medical decisions while the other holds final say on education.

A vague or poorly drafted parenting plan is one of the most common sources of post-divorce litigation. Precision at the drafting stage reduces the likelihood of repeated court disputes as your children grow and circumstances change.

How Courts Decide When Parents Can’t Agree

When parents can’t reach an agreement, the court determines custody by a preponderance of the evidence, evaluating what arrangement serves the best interests of the minor child under Utah Code Section 81-9-204.

Key factors the court evaluates include:

• The depth and quality of the bond between the child and each parent
• Each parent’s ability to co-parent and encourage the child’s relationship with the other parent
• The physical and mental health of each parent
• The child’s preference, if the child is of sufficient age and maturity
• Any history of domestic violence, neglect, or substance abuse
• The stability of each parent’s home environment

For joint custody specifically, the court also considers whether the child’s physical, psychological, and emotional needs will benefit from a joint arrangement, and whether the parents can cooperate and make decisions together. The court may not require a minor child to testify unless extenuating circumstances exist and no other reasonable means of presenting the child’s perspective is available.

The court’s ultimate goal is an arrangement that supports the child’s health, safety, and emotional development.

Modifying or Enforcing an Existing Custody Order

An existing custody order isn’t necessarily permanent. To modify a custody or parent-time order in Utah, the petitioning parent must demonstrate a substantial material change in circumstances since the original order was entered, and that the proposed modification is in the best interests of the child. Common grounds include a significant shift in a parent’s work schedule or living situation, evidence of abuse or neglect, or a child’s changed needs as they age.

Relocation is a specific statutory trigger. If a parent plans to move 150 miles or more from the other parent’s residence, Utah law requires advance notice and a court process to address the impact on the parent-time schedule.

When one parent violates a custody order by denying parent-time or failing to follow the parenting plan, enforcement proceedings are available. We handle modification and enforcement matters alongside initial custody disputes, giving clients continuity of representation as their family’s circumstances evolve.

Why Spanish Fork Parents Choose The Schriever Law Firm

The multi-attorney team model is what most distinguishes our custody representation. When you work with us, your case benefits from the combined strategy and analysis of the full legal team, not a single practitioner working in isolation. That matters in contested custody cases: opposing counsel can respond differently when they know the other side has genuinely prepared for court.

Founding attorney Ryan Schriever and Heather Schriever, a former Orem City Attorney, bring government and litigation backgrounds that inform how we approach contested family law matters. That range of experience shapes the strategy we build for every client.

Flat-fee arrangements for family law cases, including child support, remove the anxiety of unpredictable hourly billing. Combined with selective case intake, responsive communication by text, phone, or email, and regular status updates, the result is representation built around your case and your family.

Contact us today at (385) 448-5206 to schedule a consultation and take the first step toward a custody arrangement that can work for your family.