How to File for Child Custody in Utah (Divorcing or Unmarried)

When you're ready for a court order for how you'll co-parent, open a case.

You can ask for custody of your child as part of a divorce. If you're not married to the other parent, you can open a case to decide custody.

Parents who disagree often hire lawyers. A lawyer keeps your legal process running smoothly as you negotiate, and they represent you in trial if you never reach agreement.

Before you start

In Utah, family cases are heard in district court. The state has eight judicial districts, each of which covers several counties.

For a divorce, you'll file in the district where you or your spouse has lived for the past three months.

For custody when you're not married, you'll file where your child lives.

Generally, you need to be legally recognized as your child's parent before you can be awarded custody of them. An exception is when grandparents or other close relatives seek custody of a child.

What you'll pay

It costs a little over $300 to file for divorce, custody and parent-time, or support. If the other parent files a counterclaim, they pay a little over $100.

Paternity (parentage) can be decided as part of a custody and parent-time case. If you'll file for paternity separately, the paternity case will cost around $400 to file and under $200 for a counterclaim.

You may owe related fees for:

• Required classes (a parenting class, plus a court orientation if you're divorcing)
• Divorce certificate (only a few dollars to the Office of Vital Records and Statistics)
• Using the court's online document systems
• Photocopies

If you can't afford these fees, you may qualify for a fee waiver.

The longer your case goes on, the more expenses you're likely to incur.

For example, if you ask the judge to appoint a custody evaluator, you (or maybe your co-parent) will have to pay several thousand dollars for it.

If you hire a lawyer, you'll pay them too.

Completing initial paperwork

A lawyer will file the case for you, but if you haven't hired a lawyer, you can complete the documents yourself. To start your case, use the MyPaperwork system to create your documents.

If you're divorcing, select "divorce."

If you're not married, select "parentage," even if you've already established parentage. This is how to file for custody too. You'll be able to tell the court what you're seeking.

Parents who have a full agreement on a parenting plan — plus, if you're divorcing, a divorce settlement — should upload those documents.

On the other hand, parents who haven't agreed yet and expect trouble working together during their case should request a temporary order (in addition to a final order) to give their child stability.

When you finish the MyPaperwork steps, print the resulting documents, have your co-parent sign the agreement (if any), deliver the documents to your district court (in person or by email), and pay your filing fees as directed by your court.

MyPaperwork is designed for adults with no more than six children. It expects that unmarried parents are a male and a female. If your situation is different or feels complex, contact the Utah State Courts' Self-Help Center or seek legal advice.

Utah's old system was called the Online Court Assistance Program (OCAP); existing cases may still be in it.

Serving the other parent and responding to service

Any adult (except for you) can serve papers to the other parent. You can hire a sheriff or a private process server; you might pay about $50, depending on how far they have to travel and whether the other parent is hard to find. Provide proof to the court that the papers were served.

If the other parent agrees to sign an Acceptance of Service, you don't have to serve them.

They have 21 days to answer. If they were served outside Utah, they have 30 days.

After they answer, the court will schedule a case management conference to set deadlines in your case. If they don't answer, you're likely to receive a default judgment.

Once your case is open

Until the court decides your case, a Domestic Relations Injunction applies automatically. You won't be able to transfer property (if your petition asks for the division of property), change insurance (health, homeowner's, car or life), or take your child on a long trip. You're also explicitly forbidden to harass each other.

Online, you can view your case history, access documents you filed with the court, and pay fees through My Court Case.

You'll need to submit financial disclosures so the court can decide child support.

Hearings may be virtual.

You can settle with the other parent at any point in your case. Mediation may help you reach agreements (called stipulations), and parenting coordination can help you put your agreement into practice. Most parents settle. If you can't, you'll head to trial.

If you need a temporary order

If either of you requested a temporary order, you'll have a hearing early on.

In Salt Lake and some other areas, the temporary hearing is held in front of a family court commissioner, to whom you can only submit written testimony. If you don't settle, eventually you'll have a hearing with a judge, where you may testify verbally and call witnesses.

If your district court doesn't use a commissioner, all hearings will be in front of a judge.

Once you have a final order

Try your best to communicate civilly, stay organized and fulfill your responsibilities for the sake of your child.

If you're having trouble working with the other parent, you can still try mediation or parenting coordination.

If you've had a change of circumstances or if you've reached a new agreement with your co-parent, you may ask the court to modify custody or parent-time. You'll pay about $100 to file.

If the other parent consistently fails to comply, you can file a motion to enforce order (formerly called an order to show cause).

If you received a parenting order in another state (Utah will call it a foreign order), you must register it in Utah before asking Utah to change or enforce it.

Legal help in Utah

Utah Legal Help can help you find a lawyer at various rates: standard rate, reduced rate or pro bono (free). Utah Legal Services and the Legal Aid Society of Salt Lake likewise help low-income parents find legal representation at a reduced rate. You can also find legal help through Utah State Courts.

Preparing for what happens after filing

What happens after filing depends on whether you've reached agreement and whether the other parent responds to service at all.

Until you reach agreement, if you're both participating in the case, you'll submit financial disclosures, attend a case management conference and try mediation. If you still can't settle, you'll head to trial.

The Custody X Change online app helps you organize your ideas with custom custody calendars, parent-to-parent messaging, an expense tracker and more.

Organizing your proposals and data can help you reach an agreement quickly and impress the judge.

You can customize this to fit your situation with Custody X Change.

Be prepared for every step of your case with Custody X Change.

Our professional sources

Veronica K. McDougal PC
Veronica K. McDougal
Murray, UT

Solon Law
Trevor Casperson, Attorney
Sandy, UT

Virtus Firm
Joseph V. Saxton
Logan, UT