New Shared Child Custody Law to Improve Post-Divorce Parenting

Utah lawmakers have taken a major step forward in making the welfare of Utah children the most important element in deciding child custody. The new law, which took effect in May, encourages a shared custody arrangement between both parents whenever possible.

Specifically, the law recommends a parent-time schedule of a minimum of 145 overnights with each parent. The previous law only required 110 days per year with the noncustodial parent. The increased child custody schedule is encouraged except when the arrangement is not in the best interest of the child as determined by numerous factors specified in the law.

Over the last century, as the legal landscape of divorce has changed from divorces based on the fault of one or both spouses to the relatively easier uncontested divorces, so has the criteria for determining which parent should have custody of the children.

Until about fifty years ago, courts used the “tender years” doctrine which said that children should be with their mother through their infancy and toddler years. Then the laws shifted to a vague criteria called “best interest of the child,” dividing custody based on a judge’s view of that definition which obviously would include any personal bias a judge had about which gender should raise children, as well as any specific circumstances in each case.

The best interest of the child doctrine still often favored the mother, leaving fathers with every other weekend and a weekday night to spend with the child. One child psychologist said that this basically put the father in the position of an uncle who saw the child from time-to-time but had no opportunity to build a parent-child bond.

Lobbyists for family organizations lauded the new law, pointing to evidence that children who have both parents involved in their lives are less likely to use drugs, get pregnant as teens and attempt suicide.

As the new law goes into effect, there will undoubtedly be a learning curve as divorcing spouses, judges and attorneys apply the new rules. Anyone going through a divorce in Utah will benefit from the advice of a family law attorney who is aware of these changing rules and can apply them to achieve a result that is truly best for both parents and the child.

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Mack

I would give them 10 stars if I could. Clay was professional and super organized. He took the time to explain everything. I would highly recommend him for any family law needed. Melanie was a godsend. She not only kept me continually informed of the progress, she sent texts of encouragement and support throughout the entire process. I would give her 100 stars for going above and beyond to make this experience less stressful. Her encouragement and genuine caring were comforting and calming. The entire staff at Brown Law are on your side and if you are lucky enough to get Clay and Melanie on your team you will not be disappointed. Thanks! Mack M.

Response from the owner:Wow, thank you so much. Melanie is great. Glad she helped you so well.

Alex Rogers

Nathaniel was an incredible partner throughout the divorce process. He was organized, responsive and respectful of my wishes while simultaneously giving me guidance and advice. I would recommend him to anyone.

Christie Cisneros

I couldn’t have made it through my divorce without Clay and his team! I am forever thankful for the hours and time spent with me to help navigate an extremely difficult time in life. They’re reliable, knowledgeable, and know how to get things moving in an efficient manner. Nothing but good to say here!!

Halie Bates

Working with Daniel Young at Brown Family Law was a truly positive experience during one of the most difficult times of my life. From the start, Daniel was knowledgeable, compassionate, and incredibly responsive.
If you need a family law attorney who combines expertise with empathy, I cannot recommend Daniel Young enough. He is a true advocate and a credit to Brown Family Law.

Jessica Lance

Nathaniel and Carren have been absolutely incredible to work with. They kept me informed and in the loop throughout each step of the process. They always answered every question I had in a very quick and timely manner. I could not recommend them more.

Amy Christensen

This 5-star review is for Nathaniel Garrabrandt at Brown Family Law. Nathaniel was just what we needed. He helped guide us with a level of professionalism, efficiency, and genuine care that made a real difference during a challenging time. He is always thoughtful and respectful, and he never makes you feel like just another case. His communication was clear (with regular check-ins), his advice was solid and uncomplicated, and I always felt that he had his client's best interest at heart as he made suggestions. I’m grateful to have had such a capable and compassionate attorney to work with. You hope you never need these kind of services, but when you do, you want the best... and someone with high integrity. Nathaniel truly deserves all 5 of these stars, in every way.

Kenzie Murphy

Russell Yauney was my attorney at Brown Family Law. Throughout the process, Russell and his paralegal Conor, were extremely helpful and patient. They were highly responsive, thorough, and most importantly: did not make me feel insignificant or embarrassed for asking clarifying questions. Russell made himself available and whenever he wasn't, Conor was. The Friday Phone Calls were reliable and I knew I could expect an update each week. The firm's texting abilities also made it easy to send a quick question/concern if I ever needed it. Russell was a fantastic attorney and guide to have throughout my situation. I highly recommend this firm.