Family Law Advisor®
Articles

In theory, Utah courts do not discriminate against persons based on their gender for purposes of making child custody determinations. Both parents are normally presumed to be equally capable of being custodial parents. However, as in any other human activity, the individual gender biases of judges, custody evaluators, attorneys, and guardians ad litem will impact the outcome of a custody determination. Under Section 30-3-10 of the Utah Code, courts are required to make such orders regarding child custody as they deem appropriate after considering the best interests of the children and the past conduct and demonstrated moral standards of each of the parents. The court may consider the children's desires and preferences. The court must consider (among other factors which the court finds relevant) which parent is most likely to act in the best interests of the child, including allowing the child frequent and continuing contact with the noncustodial parent. In many contested child custody cases the court will appoint one custody evaluator to evaluate the parties and perhaps perform psychological or other examinations. However, if the parents reside in different states then the court may appoint two evaluators, but the two evaluators will submit one combined report and recommendation to the court. Utah Rules of Judicial Administration, Rule 4-903(2). The custody evaluator will provide a written recommendation to the court regarding his or her conclusions as to custody. In most cases judges will give great weight to the recommendations of a custody evaluator. The custody evaluator is normally paid by one or both of the parties. The cost of custody evaluations depends on the experience of the evaluator and the complexity of the case. The cost of an evaluation typically ranges from $1,500.00 to $6,000.00 or more. A custody evaluator must be (1) a social worker licensed by the state in which he or she works; (2) a psychologist licensed by the state in which he or she works; or (3) a physician with a specialty in psychiatry. Utah Rules of Judicial Administration, Rule 4-903(1). In conducting a custody evaluation, the evaluator(s) must carefully consider and respond to each of the following factors: (A) the child's preference; (B) the benefit of keeping siblings together; (C) the relative strength of the child's bond with one or both of the prospective custodians; (D) the general interest in continuing previously determined custody arrangements where the child is happy and well adjusted; (E) factors relating to the prospective custodians' character or status or their capacity or willingness to function as parents, including: (i) moral character and emotional stability; (ii) duration and depth of desire for custody; (iii) ability to provide personal rather than surrogate care; (iv) significant impairment of ability to function as a parent through drug abuse, excessive drinking or other causes; (v) reasons for having relinquished custody in the past; (vi) religious compatibility with the child; (vii) kinship, including in extraordinary circumstances stepparent status; (viii) financial condition; and (ix) evidence of abuse of the subject child, another child, or spouse; and   (F) any other factors deemed important by the evaluator, the parties, or the court. - - Law Offices of Greenwood & Black