A parenting plan in Utah is a written agreement, filed under Utah Code § 81-9-203, that allocates legal decision-making, sets a residential parent-time schedule, and establishes a dispute resolution process. At least one parent must file a proposed plan to obtain a joint custody order. The court filing fee is $325, with a 30-day minimum waiting period before a decree is signed.
Key Facts: Parenting Plans in Utah
| Item | Detail |
|---|---|
| Filing Fee | $325 to open a divorce case (Utah Code § 78A-2-301) |
| Waiting Period | 30 days minimum between filing and final decree |
| Residency Requirement | 90 days in the state AND the specific county before filing |
| Grounds | No-fault (irreconcilable differences) plus fault-based options |
| Custody Standard | Best interest of the child (Utah Code § 81-9-204) |
| Governing Statute | Parenting plan: Utah Code § 81-9-203 and § 81-9-205 |
| Legal Custody Presumption | Rebuttable presumption favoring joint legal custody |
Filing fees and course costs are current as of June 2026. Verify the exact amount with your local district court clerk before filing.
What Is a Parenting Plan in Utah?
A parenting plan in Utah is a court-filed document that allocates decision-making authority over a child's education and health, designates a residential schedule, and sets out a dispute resolution process. Under Utah Code § 81-9-203, at least one parent must file a proposed parenting plan before a court may order joint legal or joint physical custody. The plan becomes a binding part of the divorce decree once signed by the judge.
The parenting plan is the operational blueprint for how separated or divorcing parents will raise their children. It answers three core questions: who decides major issues, where the child sleeps on any given night, and what happens when parents disagree. Utah courts treat the parenting plan as the controlling document, so vague or incomplete plans create years of conflict. A well-drafted custody agreement specifies exact pickup times, holiday rotations, and the named process parents will use before returning to court. Because Utah renumbered its family law code in September 2024, the parenting plan statute moved from the old Title 30 to the new Title 81, though the substantive requirements remain largely unchanged.
Utah's Two Types of Custody: Legal and Physical
Utah law separates custody into two distinct categories: legal custody (decision-making authority) and physical custody (where the child lives). Under Utah Code § 81-9-205, there is a rebuttable presumption that joint legal custody serves the best interest of the child. Joint physical custody is NOT presumed; courts award it only when specific findings support it. Joint physical custody requires each parent to have at least 111 overnights per year (more than 30% of 365 days).
Legal custody concerns who makes major decisions about education, healthcare, and religion. The joint legal custody presumption means Utah judges generally assume shared decision-making benefits children unless one parent proves otherwise by a preponderance of the evidence. Physical custody concerns the child's living arrangements, measured in overnights per year. Sole physical custody applies when one parent has the child for 255 or more overnights annually (70%+), leaving the other parent with 110 or fewer. Joint physical custody requires a minimum of 111 overnights for each parent. Understanding this distinction is essential because a parent can hold joint legal custody (equal decision-making) while the other parent serves as the primary physical custodian under a standard parenting time schedule.
Required Provisions in a Utah Parenting Plan
Every Utah parenting plan must contain specific provisions mandated by statute. Under Utah Code § 81-9-204 and related parenting plan sections, the plan must allocate decision-making authority over education and health, include a residential schedule designating where the child resides on given days including holidays and vacations, and establish a dispute resolution process. Either parent retains the right to make emergency decisions affecting the child's health or safety regardless of how authority is allocated.
The statute requires that a parenting plan address the following core elements. First, decision-making authority must be assigned to one or both parents for major issues, while each parent makes day-to-day decisions during their own parenting time. Second, the residential schedule must designate in which parent's home the child resides on each day of the year, including provisions for holidays, birthdays of family members, vacations, and special occasions. Third, the plan must include a dispute resolution process such as mediation or arbitration. If a parent uses or frustrates that process without good reason, the court may award attorney fees and financial sanctions to the prevailing parent. A complete custody agreement leaves no ambiguity about who controls schooling, medical care, and the co-parenting schedule.
Utah's Standard Minimum Parent-Time Schedule
When parents cannot agree on a co-parenting schedule, Utah law provides a statutory default. For children ages 5 to 18, Utah Code § 81-9-302 (formerly § 30-3-35) sets the minimum parenting time schedule: the noncustodial parent receives alternating weekends from Friday after school until 7:00 p.m. Sunday, one weekday evening, and an even split of major holidays. This statutory minimum applies only when parents fail to negotiate their own parenting time schedule.
The standard schedule under § 81-9-302 gives the noncustodial parent every other weekend from the time school is released, or 6:00 p.m. on Friday (parent's choice), until 7:00 p.m. on Sunday. When school is not in session, the weekend begins at 9:00 a.m. The noncustodial parent also receives one midweek evening, typically from after school or 5:30 p.m. until 8:30 p.m. Holidays alternate between parents in odd and even years. An optional expanded schedule under Utah Code § 81-9-303 adds a midweek overnight plus an extra overnight every other Sunday, increasing the noncustodial parent's total overnights. Most parents negotiate a custom parenting time schedule rather than accept the statutory minimum, because tailored visitation schedules better fit each family's work, school, and activity commitments.
Parent-Time Schedule for Children Under Five
Utah applies a separate parent-time schedule for younger children. Under Utah Code § 81-9-304 (formerly § 30-3-35.5), children under five years old follow a developmentally adjusted schedule that provides shorter, more frequent contact rather than the full weekend blocks used for school-age children. This recognizes that infants and toddlers benefit from frequent contact but may struggle with extended separations from a primary caregiver.
The under-five schedule generally scales up parent-time as the child ages, with infants receiving shorter daytime visits and older toddlers receiving overnights. For example, the schedule typically grants more limited weekend hours for children under 18 months, then gradually adds overnight stays as the child approaches age three and beyond. By the time a child turns five, the schedule transitions to the standard minimum under § 81-9-302. Parents creating a parenting plan Utah families can rely on should build in this age-based transition so the co-parenting schedule automatically adjusts as the child grows. A static plan that ignores developmental stages forces parents back to court for modifications. A thoughtful visitation schedule anticipates these changes and includes a clear graduation point from the under-five framework to the school-age framework.
Best Interest Factors Utah Courts Consider
Utah judges evaluate parenting plans against statutory best-interest factors. Under Utah Code § 81-9-204, the court considers evidence of domestic violence or abuse, each parent's ability to meet the child's developmental needs, willingness to allow frequent contact with the other parent, the depth of the parent-child bond, and the parents' capacity to co-parent effectively. The expressed desires of a child 14 or older receive added weight but are not controlling.
The best-interest analysis is the touchstone of every custody decision in Utah. The court examines the quality of the relationship between the child and each parent, each parent's demonstrated understanding of and responsiveness to the child's needs, and each parent's willingness to support the child's relationship with the other parent, except where a parent is protecting the child from abuse. Other relevant factors include the physical and mental health of the parents, any history of neglect or substance abuse, and the ability to provide personal care rather than surrogate care. The statute does not establish a preference based on parental gender, nor does it presume for or against joint physical custody. Utah courts retain wide discretion to craft a parenting plan that fits the individual family, giving the bench broad latitude to choose the arrangement that genuinely serves the child.
How to File a Parenting Plan in Utah
Filing a parenting plan in Utah follows a defined sequence within the divorce process. A parent files the proposed plan with the district court alongside the divorce petition, pays the $325 filing fee, and completes mandatory education courses. At least one parent must reside in the filing county for 90 days before filing. The court will not sign a decree until 30 days have passed and both parents complete the required Divorce Orientation and Divorce Education courses.
The step-by-step process works as follows:
- Confirm residency: at least one spouse must have lived in Utah and in the specific filing county for 90 days before filing.
- Prepare the petition and a proposed parenting plan complying with Utah Code § 81-9-203.
- File with the district court and pay the $325 fee, or request a fee waiver using Form 1301GEG if income is at or below 150% of the federal poverty level.
- Serve the other parent, who then has the opportunity to file a competing parenting plan.
- Complete the Divorce Orientation course ($30) within 60 days of filing and the Divorce Education course ($35) before the decree.
- Wait the mandatory 30 days, then submit final documents for the judge's signature.
If both parents agree on a single custody agreement, the case proceeds as uncontested and resolves faster. If they file competing plans, the court resolves disputed terms after evaluating the best-interest factors.
Mandatory Divorce Education Courses for Parents
Utah requires divorcing parents with minor children to complete two education courses before finalizing. Parents must complete the Divorce Orientation course ($30 per person) and the Divorce Education course ($35 per person), for a total of $65 per parent. The petitioner must finish orientation within 60 days of filing; the respondent within 30 days of being served. Utah courts will not sign a divorce decree until both parents submit certificates of completion for both courses.
These courses are mandatory for any divorce or parentage action involving minor children, and unmarried parents in custody disputes may also be required to attend. The Divorce Orientation course offers a $15 discount for the in-person version if the petitioner attends within 30 days of filing or the respondent attends within 30 days of being served; the online version is not discounted. USU Extension is the only court-approved online provider for these courses, so certificates from unapproved providers will be rejected. A separate Divorce Education for Children class is offered free of charge online for children ages 6 to 17, designed to help kids communicate their feelings and minimize the adverse effects of divorce. Parents who cannot afford the course fees may ask the judge to waive them, and a granted waiver order must be presented to the course instructor.
Modifying a Parenting Plan in Utah
Utah parenting plans can be modified, but the standard is demanding. A parent seeking to change custody or the parenting time schedule must generally show a material and substantial change in circumstances since the last order, and that modification serves the child's best interest under Utah Code § 81-9-204. Before filing a modification petition, parents must first attempt the dispute resolution process specified in their existing parenting plan, except in emergencies.
Modification protects the stability of court orders while allowing flexibility when life genuinely changes. Common grounds include a parent's relocation, a significant change in a child's needs, a parent's failure to comply with the existing plan, or evidence of new safety concerns. The relocation statute, Utah Code § 81-9-209 (formerly § 30-3-37), defines relocation as a move of 150 miles or more from the other parent's residence and requires 60 days advance written notice. A parent who relocates without that notice may be held in contempt of court. When parents live far apart, the schedule shifts toward extended blocks: the noncustodial parent typically receives alternating Thanksgiving, spring, winter, and fall breaks plus half of summer vacation, with the relocating parent generally responsible for most travel costs. Because the renumbered Title 81 sections continue rules that existed under Title 30, orders entered under the old code remain valid and enforceable.