Utah Joint Custody Agreement

STIPULATION AND AGREEMENT FOR JOINT CUSTODY

State of Utah

IN THE [____] DISTRICT COURT, STATE OF UTAH
[________________________________] COUNTY

Nature of Action: ☐ Divorce (Utah Code § 30-3-1 et seq.) ☐ Paternity/Parentage ☐ Separate Custody Proceeding ☐ Other: [________________________________]

ARTICLE I — PARTIES, CHILDREN, AND RECITALS

1.1 Parties

Parent A (Petitioner): [________________________________]
Address: [________________________________]
Telephone: [________________________________] | Email: [________________________________]

Parent B (Respondent): [________________________________]
Address: [________________________________]
Telephone: [________________________________] | Email: [________________________________]

1.2 Minor Child(ren)

1.3 Recitals

A. The parties are the natural and legal parents of the child(ren) identified above.

B. Under Utah Code § 81-9-205 (formerly § 30-3-10.2, renumbered Sept. 1, 2024), there is a rebuttable presumption that joint legal custody is in the best interest of the child. The parties stipulate that joint legal custody is appropriate in this case.

C. The parties further stipulate that joint physical custody (minimum 111 overnights per year per parent) serves the child(ren)'s best interests, as both parents:

• Demonstrate understanding of and responsiveness to the child(ren)'s developmental needs
• Are willing to facilitate the child(ren)'s relationship with the other parent
• Can communicate and cooperate regarding the child(ren)'s welfare
• Reside in sufficient proximity to share custodial responsibilities

D. Under Utah Code § 81-9-204 (formerly § 30-3-10, renumbered Sept. 1, 2024), the parties have considered the following best interest factors:

☐ Each parent's demonstrated understanding of the child(ren)'s developmental needs
☐ Each parent's willingness to facilitate a relationship with the other parent
☐ The duration and depth of each parent's desire for custody
☐ The child(ren)'s interaction with step-parents, extended family, and other significant individuals
☐ The identity of the primary caretaker during the relationship
☐ Previous parenting arrangements in which the child(ren) have been happy and well-adjusted
☐ The relative benefit of keeping siblings together
☐ The child(ren)'s stated wishes (if applicable, considering age and maturity)
☐ The relative strength of the child(ren)'s bond with each parent
☐ Each parent's moral character and emotional stability
☐ Each parent's ability to provide adequate physical care

E. Both parties have completed or will complete the mandatory divorce education course required by Utah Code § 30-3-11.3 before entry of any decree.

1.4 Effective Date

This Agreement shall be effective as of [__/__/____], upon approval by the [________________________________] District Court and entry of the corresponding order.

ARTICLE II — JOINT LEGAL CUSTODY

2.1 Grant of Joint Legal Custody

Pursuant to the statutory presumption in Utah Code § 81-9-205 (formerly § 30-3-10.2, renumbered Sept. 1, 2024), both parents shall share joint legal custody with equal rights and responsibilities to make major decisions concerning the child(ren)'s health, education, and general welfare.

2.2 Major Decisions Requiring Mutual Agreement

The following decisions require consultation and mutual agreement:

a. Education: School enrollment, school changes, special education services (IEP/504 plans), tutoring, college planning, and homeschool decisions
b. Medical: Selection of healthcare providers, non-emergency medical and dental treatment, elective procedures, prescription medications, and vaccinations
c. Mental Health: Counseling, therapy, psychiatric treatment, and behavioral programs
d. Religious: Religious education, practice, baptism, and related ceremonies
e. Extracurricular Activities: Enrollment in activities that affect both parents' time or require significant financial commitment
f. Travel: Out-of-state travel exceeding [____] days and all international travel
g. Legal: Any legal proceedings involving the child(ren), name changes
h. Technology: Cell phones, social media accounts, and internet access rules
i. Driver's License/Vehicle: Obtaining a learner's permit or license, vehicle access

2.3 Decision-Making Process

a. Good-Faith Consultation: Each parent shall notify the other in writing (via the designated communication method) of any proposed major decision and allow [____] days for response before acting.

b. Emergency Exception: The parent with physical custody during an emergency may make immediate medical or safety decisions, with notification to the other parent within 24 hours.

c. Deadlock Resolution: If parents cannot reach agreement after good-faith consultation:

☐ The dispute shall be submitted to mediation per Article VIII.
☐ Tiebreaker authority for specific categories:

• Education: ☐ Parent A ☐ Parent B
• Medical: ☐ Parent A ☐ Parent B
• Mental Health: ☐ Parent A ☐ Parent B
• Religious: ☐ Parent A ☐ Parent B
• Extracurricular: ☐ Parent A ☐ Parent B

☐ The Domestic Relations Commissioner shall decide per Article VIII.

ARTICLE III — JOINT PHYSICAL CUSTODY AND PARENT-TIME

3.1 Grant of Joint Physical Custody

Both parents shall share joint physical custody with each parent having the child(ren) for a minimum of 111 overnights per year (the Utah standard for joint physical custody designation).

3.2 Regular Parent-Time Schedule

Select one of the following schedules:

☐ Schedule A — Equal Time: Week On/Week Off

☐ Schedule B — Equal Time: 2-2-3 Rotation

Exchange times: After school or ☐ [____] a.m./p.m. | Approximate overnights: 182–183 per parent annually.

☐ Schedule C — Equal Time: 5-2-2-5 Rotation

☐ Schedule D — Optional Expanded Schedule (Utah Code § 81-9-303, formerly § 30-3-35.1) — 145 Overnights

☐ Schedule E — Custom Schedule

Parent A's time: [________________________________]
Parent B's time: [________________________________]
Exchange times: [________________________________]
Approximate overnights per parent: Parent A [____] / Parent B [____]

3.3 Schedule for Child(ren) Under 5 (Utah Code § 81-9-304)

If any child is under 5 years of age, the following age-appropriate schedule applies to that child:

Transition: When this child turns 5, the parties shall automatically move to ☐ Schedule A ☐ Schedule B ☐ Schedule C ☐ Schedule D ☐ Schedule E above.

3.4 Holiday Schedule (Utah Code § 81-9-302(2), formerly § 30-3-35(2))

Holidays take precedence over the regular parent-time schedule. The regular alternating weekend rotation shall not be disrupted by holidays. Birthdays take precedence over holidays, except Mother's Day and Father's Day.

☐ Additional holidays: [________________________________]

3.5 Summer Parent-Time

☐ Equal Split: Summer vacation shall be divided equally between parents, with each parent having the child(ren) for approximately equal periods.

☐ Statutory Minimum (§ 81-9-302, formerly § 30-3-35): The noncustodial parent receives two uninterrupted one-week periods. Notice of selected weeks at least 30 days before school term ends.

☐ Expanded (§ 81-9-303, formerly § 30-3-35.1): [________________________________]

☐ Custom: [________________________________]

3.6 Exchanges

Location:
☐ School/daycare (drop-off/pick-up during school year)
☐ Parent A's residence
☐ Parent B's residence
☐ Neutral location: [________________________________]

Transportation: ☐ Receiving parent picks up ☐ Delivering parent drops off ☐ Shared equally ☐ Other: [________________________________]

Conduct at Exchanges (per Utah Code § 30-3-33 Advisory Guidelines):
Both parents shall be punctual, civil, and shall not engage in conflict during exchanges. The child(ren) shall be dressed appropriately with necessary belongings and medications.

ARTICLE IV — COMMUNICATION AND INFORMATION

4.1 Co-Parenting Communication

Parents shall communicate regarding child-related matters through:
☐ OurFamilyWizard ☐ TalkingParents ☐ Email ☐ Text ☐ Other: [________________________________]

Response time: Non-emergency within [____] hours; emergency within [____] hours.

4.2 Parent-Child Communication

Each parent shall facilitate reasonable telephone and video contact between the child(ren) and the other parent during their custodial time.

☐ Scheduled times: [________________________________]
☐ Reasonable and unrestricted (during waking hours, not to exceed [____] minutes per call)

For parents residing 100+ miles apart: telephone and virtual parent-time during reasonable hours per Utah Code § 81-9-302(3) (formerly § 30-3-35(3), renumbered Sept. 1, 2024).

4.3 Equal Access to Records

Both parents shall be listed as authorized contacts and shall have equal access to:

• All school records, teacher conferences, and school communications
• Medical, dental, and vision records and providers
• Mental health and counseling records (to the extent permitted by law)
• Extracurricular and activity information
• Daycare/childcare provider information

ARTICLE V — RELOCATION (Utah Code § 30-3-37)

5.1 Notice Requirements

a. A "relocation" is a move 150 miles or more from the other parent's current residence.

b. The relocating parent shall provide written notice at least 60 days before the move, including: the new address, reason for the move, proposed revised parent-time schedule, and a statement of compliance intent.

c. Failure to provide notice constitutes contempt of court under Utah Code § 30-3-37(2).

5.2 Effect on Joint Custody

The parties acknowledge that relocation beyond 150 miles may make joint physical custody impractical. If relocation occurs:

☐ The parties shall negotiate a modified schedule in good faith.
☐ If agreement cannot be reached, either parent may petition the Court for modification.
☐ The Court may change custody if the relocation is found not to be in the child(ren)'s best interests.

5.3 Additional Geographic Restriction

☐ Neither parent shall relocate with the child(ren) beyond [____] miles from [________________________________] without the other parent's written consent or court order.

☐ No additional geographic restriction beyond the statutory requirements.

ARTICLE VI — PROTECTIVE PROVISIONS

6.1 Non-Disparagement

Neither parent shall make negative, derogatory, or disparaging remarks about the other parent, the other parent's family, or the other parent's household in the presence or hearing of the child(ren). Neither parent shall engage in parental alienation.

6.2 Substance Use

Neither parent shall consume alcohol to impairment or use any illegal substance during parent-time or within [____] hours prior to the beginning of parent-time.

6.3 Firearms Safety

All firearms shall be stored unloaded in a locked container with ammunition stored separately, inaccessible to the child(ren), in compliance with Utah law.

6.4 New Household Members

a. Each parent shall notify the other within [____] days of any new person residing in the household.

b. Per Utah Code § 30-3-10.4(2)(b), neither parent shall allow a person convicted of a crime against a child or a sexually violent offense to reside in the household or have unsupervised access to the child(ren).

6.5 Domestic Violence (Utah Code § 78B-7-101 et seq.)

☐ No history of domestic violence between the parties.

☐ A protective order exists (Case No. [________________________________]). All parent-time shall comply with the protective order's terms.

☐ Supervised parent-time ordered for ☐ Parent A ☐ Parent B:

• Supervisor: [________________________________]
• Conditions: [________________________________]

6.6 Right of First Refusal

☐ If either parent is unavailable during scheduled parent-time for more than [____] consecutive hours, that parent shall first offer the time to the other parent.

☐ Not applicable.

ARTICLE VII — FINANCIAL PROVISIONS

7.1 Health Insurance

☐ Parent A ☐ Parent B ☐ Both parents shall maintain health, dental, and vision insurance for the child(ren).

7.2 Unreimbursed Medical Expenses

After insurance, unreimbursed medical expenses shall be shared:
☐ Equally (50/50)
☐ Proportional to income: Parent A [____]% / Parent B [____]%

7.3 Extracurricular Expenses

☐ Jointly agreed-upon activities: costs shared ☐ equally ☐ proportionally
☐ Activities during one parent's time: that parent bears the cost

7.4 Childcare Costs

☐ Shared equally ☐ Proportional to income ☐ Borne by the parent needing childcare ☐ Other: [________________________________]

7.5 Education Expenses

☐ Private school tuition (if applicable): ☐ Shared equally ☐ Proportional ☐ Per agreement: [________________________________]
☐ College savings contributions: ☐ Shared equally ☐ Proportional ☐ Per agreement: [________________________________]

ARTICLE VIII — DISPUTE RESOLUTION

8.1 Escalation Procedure

Disputes shall be resolved through the following escalation:

Step 1 — Direct Communication: Parents shall discuss the issue in good faith within [____] days of either parent raising the concern.

Step 2 — Mediation: If direct communication fails, parents shall submit to mediation:
☐ Utah court-annexed mediation program
☐ Private mediator: [________________________________]
Cost allocation: ☐ Equal ☐ Parent A [____]% / Parent B [____]%

Step 3 — Commissioner Hearing: If mediation fails, either parent may file a motion with the [________________________________] District Court. The assigned Domestic Relations Commissioner will conduct a hearing and issue a recommendation.

Step 4 — Judicial Review: Either party may object to the Commissioner's recommendation within 14 days. The District Court Judge will then conduct a de novo review.

8.2 Custody Evaluation (Utah Code § 30-3-10.5)

Either party may request a custody evaluation if disputes regarding custody or parent-time cannot be resolved. The evaluator must be licensed by Utah DOPL and must have completed 18 hours of custody-related education per URJA Rule 4-903.

8.3 Emergency Proceedings

Either parent may seek emergency relief, including protective orders under Utah Code § 78B-7-101 et seq., when the child(ren)'s health, safety, or welfare is at immediate risk.

ARTICLE IX — MODIFICATION

9.1 By Stipulation

This Agreement may be modified by written stipulation of both parents, filed with and approved by the Court.

9.2 By Court Order (Utah Code § 30-3-10.4)

Either parent may petition the Court for modification upon showing:

a. A material and substantial change in circumstances has occurred since entry of this order;
b. The proposed modification would be an improvement for and in the best interests of the child(ren); and
c. Both parents have complied in good faith with any dispute resolution procedure in this Agreement.

The Court shall give substantial weight to the existing order when the child(ren) are thriving, happy, and well-adjusted.

9.3 Annual Review

Parents agree to review this Agreement annually and discuss any needed adjustments based on the child(ren)'s changing needs.

ARTICLE X — GENERAL PROVISIONS

10.1 Governing Law

This Agreement is governed by and shall be construed in accordance with the laws of the State of Utah.

10.2 Forum Selection

Exclusive jurisdiction lies in the [________________________________] District Court, [________________________________] County, Utah.

10.3 Severability

If any provision is held unenforceable, the remaining provisions shall continue in full force and effect.

10.4 Integration

This Agreement, together with any attached parenting plan, constitutes the entire understanding between the parties regarding custody and parent-time and supersedes all prior agreements and understandings.

10.5 Attorney's Fees

In any action to enforce this Agreement, the prevailing party shall be entitled to reasonable attorney's fees and costs, subject to Court approval.

10.6 Notices

All notices shall be provided to the addresses listed in Section 1.1 or as updated in writing.

ARTICLE XI — EXECUTION

Parent A (Petitioner)

Signature: _________________________________
Printed Name: [________________________________]
Date: [__/__/____]

Parent B (Respondent)

Signature: _________________________________
Printed Name: [________________________________]
Date: [__/__/____]

Attorney for Parent A

Signature: _________________________________
Printed Name: [________________________________]
Utah State Bar No.: [________________________________]

Attorney for Parent B

Signature: _________________________________
Printed Name: [________________________________]
Utah State Bar No.: [________________________________]

ORDER

THE COURT, having reviewed the parties' Stipulation and Agreement for Joint Custody, the accompanying Parenting Plan, and the file herein, and finding the agreement to be in the best interests of the minor child(ren):

IT IS HEREBY ORDERED:

1. The parties shall share joint legal custody of the minor child(ren).
2. The parties shall share joint physical custody in accordance with the parent-time schedule set forth herein.
3. This Stipulation and Agreement is approved and incorporated into the ☐ Decree of Divorce ☐ Custody Order entered in this matter.
4. All terms and provisions of this Agreement shall be binding upon the parties.

☐ Commissioner's Recommendation entered on [__/__/____].
☐ No objection filed within 14 days; recommendation adopted as order of the Court.
☐ Objection filed; Order entered following de novo review by District Court Judge.

Date: [__/__/____]

_________________________________
☐ Domestic Relations Commissioner
☐ District Court Judge
[________________________________] District Court
[________________________________] County, Utah

CERTIFICATE OF SERVICE

I hereby certify that on [__/__/____], I served a true and correct copy of the foregoing STIPULATION AND AGREEMENT FOR JOINT CUSTODY upon the following:

☐ Via the Utah Court's eFiling system
☐ Via U.S. Mail, postage prepaid
☐ Via email

To: [________________________________]

Signature: _________________________________
Date: [__/__/____]

Sources and References

• Utah Code § 81-9-204 — Custody of a Child; Custody Factors (formerly § 30-3-10, renumbered Sept. 1, 2024)
• Utah Code § 81-9-205 — Joint Custody Order; Rebuttable Presumption for Joint Legal Custody; Best Interest Factors (formerly § 30-3-10.2, renumbered Sept. 1, 2024)
• Utah Code § 30-3-10.4 — Modification or Termination of Custody Order (Material and Substantial Change Standard)
• Utah Code § 30-3-10.5 — Custody Evaluations
• Utah Code § 30-3-11.3 — Mandatory Educational Course for Divorcing Parents
• Utah Code § 30-3-33 — Advisory Guidelines for Parent-Time
• Utah Code § 30-3-34 — Best Interests; Parental Conduct
• Utah Code § 81-9-302 — Minimum Parent-Time Schedule for Children Ages 5–18 (formerly § 30-3-35, renumbered Sept. 1, 2024)
• Utah Code § 81-9-303 — Optional Expanded Parent-Time Schedule (145 Overnights) (formerly § 30-3-35.1, renumbered Sept. 1, 2024)
• Utah Code § 81-9-304 — Minimum Parent-Time Schedule for Children Under 5 (formerly § 30-3-35.5, renumbered Sept. 1, 2024)
• Utah Code § 30-3-37 — Relocation (60-Day Notice; 150-Mile Threshold)
• Utah Code § 78B-7-101 et seq. — Cohabitant Abuse Act (Domestic Violence)
• Utah Rule of Judicial Administration 4-903 — Custody Evaluator Qualifications
• Utah Courts Self-Help: https://www.utcourts.gov/en/self-help/case-categories/family/divorce/custody.html

Note: Effective September 1, 2024, the Utah Legislature renumbered portions of Title 30 to Title 81. The Title 30 citations remain widely recognized. Practitioners should verify current code numbering at le.utah.gov.