In determining custody, the paramount concern is what is in the best interests of the child(ren). The court is to consider, including, but not limited to:

• the past conduct and moral standards of the parties;
• the child's (children's) choice;
• which parent will act in the best interests of the child(ren);
• the parent's choice;
• keeping siblings together;
• the relative strength of the child(ren)'s bond with one or both of the prospective custodians;
• in appropriate cases, the general interest in continuing previously determined custody arrangements where the child is happy and well adjusted;

With respects to the prospective custodians, the court should consider:

• moral character and emotional stability;
• duration and depth of desire for custody;
• ability to provide personal rather than surrogate care;
• significant impairment of ability to function as a parent through drug abuse, excessive drinking, or other cause;
• religious compatibility with the child;
• kinship, including in appropriate case, stepparent status;
• financial condition.

Statute:
Utah Code, Section 30-3-10

30-3-10. Custody of children in case of separation or divorce--Custody consideration

(1) If a husband and wife having minor children are separated, or their marriage is declared void or dissolved, the court shall make an order for the future care and custody of the minor children as it considers appropriate. In determining custody, the court shall consider the best interests of the child and the past conduct and demonstrated moral standards of each of the parties. The court may inquire of the children and take into consideration the children's desires regarding the future custody, but the expressed desires are not controlling and the court may determine the children's custody otherwise.

(2) In awarding custody, the court shall consider, among other factors the court finds relevant, which parent is most likely to act in the best interests of the child, including allowing the child frequent and continuing contact with the noncustodial parent as the court finds appropriate.

(3) If the court finds that one parent does not desire custody of the child, or has attempted to permanently relinquish custody to a third party, it shall take that evidence into consideration in determining whether to award custody to the other parent.

Joint legal custody is a custody arrangement in which both parents share the authority and responsibility to make basic decisions regarding their child's welfare. Joint legal custody does not mean joint physical custody.

Statute:
Utah Code, Section 30-3-10.1

30-3-10.1. Joint legal custody defined
In this chapter, "joint legal custody":

(1) means the sharing of the rights, privileges, duties, and powers of a parent by both parents, where specified;

(2) may include an award of exclusive authority by the court to one parent to make specific decisions;

(3) does not affect the physical custody of the child except as specified in the order of joint legal custody;

(4) is not based on awarding equal or nearly equal periods of physical custody of and access to the child to each of the parents, as the best interest of the child often requires that a primary physical residence for the child be designated; and

(5) does not prohibit the court from specifying one parent as the primary caretaker and one home as the primary residence of the child.

The Court may order joint physical custody if: (a) joint legal custody is in the best interests of the child; and either (i) both parents agree to joint physical custody or (ii) both parents appear capable of implementing joint legal custody.

Utah Code, Section 30-3-10.2

30-3-10.2. Joint legal or physical custody order--Factors for court determination--Public assistance

(1) The court may order joint legal custody if it determines that joint legal custody is in the best interest of the child and:

(a) both parents agree to an order of joint legal custody; or

(b) both parents appear capable of implementing joint legal custody.

(2) In determining whether the best interest of a child will be served by ordering joint custody, the court shall consider the following factors:

(a) whether the physical, psychological, and emotional needs and development of the child will benefit from joint legal custody;

(b) the ability of the parents to give first priority to the welfare of the child and reach shared decisions in the child's best interest;

(c) whether each parent is capable of encouraging and accepting a positive relationship between the child and the other parent;

(d) whether both parents participated in raising the child before the divorce;

(e) the geographical proximity of the homes of the parents;

(f) the preference of the child if the child is of sufficient age and capacity to reason so as to form an intelligent preference as to joint legal custody;

(g) the maturity of the parents and their willingness and ability to protect the child from conflict that may arise between the parents; and

(h) any other factors the court finds relevant.

(3) The determination of the best interest of the child shall be by a preponderance of the evidence.

(4) The court shall inform both parties that an order for joint custody may preclude eligibility for public assistance in the form of aid to families with dependent children, and that if public assistance is required for the support of children of the parties at any time subsequent to an order of joint legal custody, the order may be terminated under Section 30-3-10.4.

(5) The court may order that where possible the parties attempt to settle future disputes by a dispute resolution method before seeking enforcement or modification of the terms and conditions of the order of joint legal custody through litigation, except in emergency situations requiring ex parte orders to protect the child.

The District Court maintains continuing jurisdiction over the subject matter in a divorce, and may make modifications in child custody in the best interests of the child upon a showing of a material or substantial change in circumstances. The Utah Supreme Court has developed a two part test for custody modifications: (1) demonstrate a material and substantial change in circumstances upon which the original order was based; (2) once the change has been proven satisfactorily, the change in custody must be in the best interests of the child.

Utah Code, Section 30-3-10.4

30-3-10.4. Modification or termination of order.

(1) On the motion of one or both of the joint legal custodians the court may, after a hearing, modify an order that established joint legal custody if:

(a) the circumstances of the child or one or both custodians have materially and substantially changed since the entry of the order to be modified, or the order has become unworkable or inappropriate under existing circumstances; and

(b) a modification of the terms and conditions of the decree would be an improvement for and in the best interest of the child.

(2) The order of joint legal custody shall be terminated by order of the court if both parents file a motion for termination. At the time of entry of an order terminating joint legal custody, the court shall enter an order of sole legal custody under Section 30-3-10. All related issues, including parent-time and child support, shall also be determined and ordered by the court.

(3) If the court finds that an action under this section is filed or answered frivolously and in a manner designed to harass the other party, the court shall assess attorney's fees as costs against the offending party.

• keeping the siblings together;
• the relative strength of the child's bond with one or both of the prospective custodians;
• in appropriate cases, the general interest in continuing previously determined custody arrangements where the child is happy and well adjusted.

• moral character and emotional stability;
• duration and depth of desire for custody;
• ability to provide personal rather than surrogate care;
• significant impairment of ability to function as a parent through drug abuse, excessive drinking, or other cause;
• reasons for having relinquished custody in the past;
• religious compatibility with the child;
• kinship, including (in extraordinary cases) stepparent status; and
• financial condition.

Utah Code, Section 30-3-10

(b) The children may not be required to testify unless the trier of fact determines that extenuating circumstances exist that would necessitate the testimony of the children be heard and there is no other reasonable method to present their testimony.

(d) Interviews with the children may be conducted by the judge in camera only with the consent of the parties.