Utah Sole Custody Agreement

STIPULATION AND AGREEMENT FOR SOLE CUSTODY

State of Utah

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

Nature of Action: ☐ Divorce ☐ Paternity/Parentage ☐ Separate Custody Proceeding ☐ Other: [________________________________]

ARTICLE I — PARTIES, CHILDREN, AND BASIS FOR SOLE CUSTODY

1.1 Parties

Custodial Parent (☐ Petitioner ☐ Respondent): [________________________________]
Address: [________________________________]
Telephone: [________________________________] | Email: [________________________________]

Noncustodial Parent (☐ Petitioner ☐ Respondent): [________________________________]
Address: [________________________________]
Telephone: [________________________________] | Email: [________________________________]

1.2 Minor Child(ren)

1.3 Mandatory Divorce Education (Utah Code § 30-3-11.3)

☐ Both parties have completed the mandatory educational course for divorcing parents. Certificates attached.
☐ Waiver granted under Utah Code § 30-3-4.

1.4 Basis for Sole Custody — Overcoming Utah's Joint Custody Presumption

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. This presumption may be rebutted by evidence of:

☐ Domestic violence, neglect, physical abuse, sexual abuse, or emotional abuse involving the child, a parent, or a household member of the parent (Utah Code § 81-9-205(2)(a) (formerly § 30-3-10.2(2)(a)); § 78B-7-101 et seq.)

☐ Special physical or mental needs of a parent or child making joint legal custody unreasonable (Utah Code § 81-9-205(2)(b) (formerly § 30-3-10.2(2)(b)))

☐ Physical distance between the parents' residences making joint decision-making impractical (Utah Code § 81-9-205(2)(c) (formerly § 30-3-10.2(2)(c)))

☐ History of non-cooperation — The noncustodial parent has demonstrated inability or unwillingness to cooperate regarding the child(ren)'s welfare

☐ Substance abuse — The noncustodial parent has a documented history of substance abuse that impairs parenting capacity

☐ Incarceration — The noncustodial parent is currently incarcerated at: [________________________________]

☐ Abandonment or prolonged absence — The noncustodial parent has been absent from the child(ren)'s life for [____] months/years

☐ Other factors the Court considers relevant under Utah Code § 81-9-205(2)(d) (formerly § 30-3-10.2(2)(d)): [________________________________]

Specific facts supporting sole custody:
[________________________________]
[________________________________]
[________________________________]

1.5 Best Interest Factors (Utah Code § 81-9-204, formerly § 30-3-10)

The parties stipulate (or the Court finds) that sole custody serves the child(ren)'s best interests based on the following factors:

☐ Evidence of domestic violence, neglect, or abuse involving the child or household member
☐ 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 desire for custody
☐ The child(ren)'s relationships with step-parents, extended family, and significant individuals
☐ Identity of the primary caretaker
☐ Previous parenting arrangements in which the child(ren) have been happy and well-adjusted
☐ The benefit of keeping siblings together
☐ The child(ren)'s stated wishes (age [____]; Utah courts give greater weight to preferences of children 14+)
☐ The strength of the child(ren)'s bond with each parent
☐ Each parent's moral character, emotional stability, and maturity
☐ Each parent's ability to provide adequate physical care (food, clothing, shelter, medical care)
☐ Any history of substance abuse by either parent

ARTICLE II — SOLE LEGAL CUSTODY

2.1 Grant of Sole Legal Custody

The Custodial Parent shall have sole legal custody of the child(ren), with the exclusive right and responsibility to make all major decisions regarding:

a. Education — School enrollment, school changes, special education services (IEP/504), tutoring, and educational programs
b. Medical Care — Selection of healthcare providers, non-emergency medical/dental/vision treatment, elective procedures, prescriptions, and vaccinations
c. Mental Health — Counseling, therapy, psychiatric treatment, and behavioral programs
d. Religious Upbringing — Religious education, practice, and ceremonies
e. Extracurricular Activities — Enrollment, participation, and commitments
f. Travel — Domestic and international travel decisions
g. Legal Matters — Legal proceedings, name changes, and passport applications

2.2 Consultation with Noncustodial Parent

☐ The Custodial Parent may, but is not required to, consult the Noncustodial Parent before making major decisions.

☐ The Custodial Parent shall make reasonable efforts to inform the Noncustodial Parent of major decisions within [____] days after the decision is made.

☐ The Custodial Parent shall consult the Noncustodial Parent on the following limited categories (does not convert to joint legal custody): [________________________________]

2.3 Emergency Decisions

The Custodial Parent has full authority to make emergency medical and safety decisions. The Custodial Parent shall notify the Noncustodial Parent within 24 hours of any emergency, serious illness, injury, or hospitalization.

ARTICLE III — SOLE PHYSICAL CUSTODY AND PARENT-TIME

3.1 Grant of Sole Physical Custody

The Custodial Parent shall have sole physical custody. The child(ren) shall reside primarily with the Custodial Parent at:

Address: [________________________________]
City/State/Zip: [________________________________]

School District: [________________________________]
School: [________________________________]

3.2 Noncustodial Parent-Time Schedule

Utah law provides statutory minimum parent-time schedules. The noncustodial parent is entitled to at least the statutory minimum unless the Court orders otherwise based on the child(ren)'s best interests.

For child(ren) ages 5–18, select one:

☐ OPTION A — Utah Statutory Minimum (Utah Code § 81-9-302, formerly § 30-3-35)

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

☐ OPTION C — Restricted/Supervised Parent-Time (when safety concerns exist)

☐ OPTION D — Schedule for Child(ren) Under 5 (Utah Code § 81-9-304, formerly § 30-3-35.5)

☐ OPTION E — No Parent-Time

The Noncustodial Parent shall have no parent-time at this time due to: [________________________________]

The Noncustodial Parent may petition the Court for parent-time upon demonstrating: [________________________________]

☐ OPTION F — Custom Schedule
[________________________________]
[________________________________]

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

☐ Statutory holiday schedule applies (see table below). Holidays take precedence over the regular schedule. Birthdays take precedence over holidays except Mother's Day and Father's Day.

☐ Modified holiday schedule due to supervised/restricted parent-time:
[________________________________]

☐ No holiday parent-time at this time.

3.4 Summer Parent-Time

☐ Statutory minimum: Two uninterrupted one-week periods (30-day notice before end of school term)
☐ Expanded: [________________________________]
☐ Restricted/supervised summer time: [________________________________]
☐ No summer parent-time at this time
☐ Custom: [________________________________]

ARTICLE IV — EXCHANGES AND TRANSPORTATION

4.1 Exchange Location

☐ Custodial Parent's residence
☐ School/daycare
☐ Neutral public location: [________________________________]
☐ Supervised visitation center: [________________________________]
☐ Police station or other safe exchange location: [________________________________]

4.2 Transportation

☐ Noncustodial Parent shall pick up and return the child(ren)
☐ Custodial Parent shall transport both ways
☐ Pick-up by receiving parent; return by delivering parent
☐ Other: [________________________________]

4.3 Exchange Conduct

Per Utah Code § 30-3-33 Advisory Guidelines, both parents shall:

• Be punctual (within [____] minutes of scheduled time)
• Conduct exchanges peacefully, without conflict or confrontation
• Not interrogate the child(ren) about the other parent's household
• Have the child(ren) ready with appropriate belongings and medications

4.4 Failure to Exercise Parent-Time

If the Noncustodial Parent fails to pick up the child(ren) within [____] minutes of the scheduled time without reasonable advance notice, the parent-time for that period is forfeited. Chronic failure to exercise parent-time may be grounds for modification.

ARTICLE V — COMMUNICATION AND INFORMATION

5.1 Parent-to-Parent Communication

☐ OurFamilyWizard ☐ TalkingParents ☐ Email only ☐ Text ☐ Other: [________________________________]

☐ All communication must be in writing (required when domestic violence is a factor).

☐ No direct contact between parents; all communication through ☐ attorneys ☐ third-party intermediary: [________________________________]

5.2 Parent-Child Communication

The Custodial Parent shall facilitate reasonable telephone and video contact between the Noncustodial Parent and the child(ren):

☐ Daily at [________________________________] for up to [____] minutes
☐ [____] times per week at reasonable times
☐ Unrestricted during reasonable waking hours
☐ As agreed by the parties
☐ Supervised/monitored communication only: [________________________________]

5.3 Information Rights of Noncustodial Parent

The Noncustodial Parent retains the right to:

• Access school records directly from the school
• Access medical, dental, and mental health records directly from providers
• Attend school conferences, performances, and events
• Be listed as an emergency contact at school and with medical providers
• Receive copies of report cards, progress reports, and significant medical information from the Custodial Parent within [____] days

The Custodial Parent shall not instruct schools or providers to withhold information from the Noncustodial Parent, unless a protective order restricts access.

5.4 Emergency Notification

The Custodial Parent shall notify the Noncustodial Parent within [____] hours of:

• Any emergency, hospitalization, or serious illness/injury
• Any involvement with law enforcement or child protective services
• Any significant disciplinary action at school
• Any change in the child(ren)'s address or school

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

6.1 Custodial Parent Relocation

a. The Custodial Parent may relocate with the child(ren) within [____] miles of the current residence without the Noncustodial Parent's consent, provided [____] days' written notice is given.

b. For relocations of 150 miles or more from the Noncustodial Parent's residence:

• 60 days' written notice is required per Utah Code § 30-3-37
• Notice must include: new address, reason for move, proposed revised parent-time schedule, and compliance statement
• Failure to provide notice constitutes contempt of court

c. If the parties cannot agree on modified parent-time, either parent may petition the [________________________________] District Court.

d. If the Court finds relocation is not in the child(ren)'s best interests and the Custodial Parent relocates regardless, the Court may change custody to the Noncustodial Parent.

6.2 Noncustodial Parent Relocation

The Noncustodial Parent shall notify the Custodial Parent within [____] days of any change of address. If the Noncustodial Parent moves more than 150 miles away, the parent-time schedule shall be modified as necessary.

ARTICLE VII — PROTECTIVE PROVISIONS

7.1 Non-Disparagement

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

7.2 Substance Restrictions

☐ Neither parent shall consume alcohol to impairment or use illegal substances during parent-time or within [____] hours before parent-time.

☐ The Noncustodial Parent shall abstain entirely from alcohol and controlled substances during parent-time.

☐ The Noncustodial Parent shall submit to ☐ random ☐ scheduled substance testing: [________________________________]

7.3 Firearms Safety

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

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

☐ Not applicable.

☐ Protective order in effect (Case No. [________________________________]). All parent-time and exchanges shall comply with the protective order.

☐ The Noncustodial Parent shall not come within [____] feet of the Custodial Parent's residence except for scheduled exchanges at the designated location.

7.5 Household Member Restrictions

Per Utah Code § 30-3-10.4(2)(b), the Noncustodial Parent shall not allow any 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) during parent-time.

7.6 Return of Child(ren)

The Noncustodial Parent shall return the child(ren) to the Custodial Parent at the time and location specified in the parent-time schedule. Failure to return the child(ren) constitutes a material breach and may be treated as contempt of court.

ARTICLE VIII — FINANCIAL PROVISIONS

8.1 Health Insurance

☐ Custodial Parent ☐ Noncustodial Parent shall maintain health, dental, and vision insurance for the child(ren).

8.2 Unreimbursed Medical Expenses

☐ Custodial Parent [____]% / Noncustodial Parent [____]%
☐ Equal (50/50)
☐ Noncustodial Parent pays 100%
☐ Custodial Parent pays 100%

8.3 Childcare and Extracurricular Costs

☐ Custodial Parent determines activities; Noncustodial Parent contributes [____]%
☐ Costs borne by the parent enrolling the child
☐ Other: [________________________________]

ARTICLE IX — DISPUTE RESOLUTION

9.1 Mediation

Before seeking judicial relief (except in emergencies), the parties shall attempt mediation:
☐ Utah court mediation program
☐ Private mediator: [________________________________]
☐ Cost: ☐ Equal ☐ Petitioner [____]% / Respondent [____]%

9.2 Utah Commissioner and Court Process

If mediation fails, either party may file a motion with the [________________________________] District Court:
a. The Domestic Relations Commissioner will hear the matter and issue a recommendation.
b. Either party may object within 14 days.
c. The District Court Judge will conduct a de novo review on objection.

9.3 Custody Evaluation (Utah Code § 30-3-10.5; URJA Rule 4-903)

Either party may request a custody evaluation. The evaluator must be licensed by Utah DOPL (psychologist, LCSW, LMFT, or LCMHC) with 18 hours of custody-related education per URJA Rule 4-903.

9.4 Emergency Relief

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 X — MODIFICATION (Utah Code § 30-3-10.4)

10.1 Standard for Modification

Either parent may petition the Court to modify this order upon showing:
a. A material and substantial change in circumstances since entry of this order;
b. The modification would be an improvement for and in the best interests of the child(ren);
c. Both parents have complied in good faith with any dispute resolution procedure.

10.2 Substantial Weight to Existing Order

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

10.3 Step-Up Provisions

☐ If the Noncustodial Parent completes the following conditions, the parties agree to transition to expanded parent-time:

Upon completion and verification, parent-time shall increase to: [________________________________]

ARTICLE XI — GENERAL PROVISIONS

11.1 Governing Law

This Agreement is governed by the laws of the State of Utah.

11.2 Forum

Exclusive jurisdiction: [________________________________] District Court, [________________________________] County, Utah.

11.3 Severability

If any provision is unenforceable, the remaining provisions remain in full force.

11.4 Integration

This Agreement constitutes the entire understanding regarding custody and parent-time.

11.5 Attorney's Fees

The prevailing party in any enforcement action is entitled to reasonable attorney's fees, subject to Court approval.

ARTICLE XII — EXECUTION

Custodial Parent

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

Noncustodial Parent

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

Attorney for Custodial Parent

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

Attorney for Noncustodial Parent

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

ORDER

THE COURT, having reviewed the parties' Stipulation and Agreement for Sole Custody, and finding that:

1. The rebuttable presumption of joint legal custody has been overcome by the evidence presented;
2. Sole legal and physical custody to the Custodial Parent is in the best interests of the minor child(ren);
3. The parent-time schedule set forth herein is appropriate under the circumstances;

IT IS HEREBY ORDERED:

1. [________________________________] (Custodial Parent) shall have sole legal and sole physical custody of the minor child(ren).
2. [________________________________] (Noncustodial Parent) shall have parent-time as set forth in Article III.
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 shall be binding on 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 upon:

☐ 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; Factors to Rebut (formerly § 30-3-10.2, renumbered Sept. 1, 2024)
• Utah Code § 30-3-10.4 — Modification or Termination of Custody Order
• Utah Code § 30-3-10.5 — Custody Evaluations
• Utah Code § 30-3-11.3 — Mandatory Educational Course for Divorcing Parents
• 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 numbering at le.utah.gov.