Legal Question in Family Law in Utah

Re: custody of 8 yo

The courts make the decision on custody based on the following:

a. the child's preference;

b. the benefit of keeping siblings together;

c. the relative strength of the child's bond with one or both of the prospective custodians;

d. the general interest in continuing previously determined custody arrangements where the child is happy and well adjusted;

e. factors relating to the prospective custodians' character or status or their capacity or willingness to function as parents, including:

f. moral character and emotional stability;

g. duration and depth of desire for custody;

h. ability to provide personal rather than surrogate care;

i. significant impairment of ability to function as a parent through drug abuse, excessive drinking or other causes;

j. reasons for having relinquished custody in the past;

k. religious compatibility with the child;

l. kinship, including in extraordinary circumstances stepparent status;

m. financial condition; and

n. evidence of abuse of the subject child, another child, or spouse; and

o. any other factors deemed important by the evaluator, the parties, or the court.