How to Get Sole custody

If you’re considering seeking sole custody in Utah, you need to know that the legal system starts with a presumption—Utah courts assume that joint legal custody is in a child’s best interest. That means if you want sole custody, you need to show the court why it’s the right decision for your child.

In Utah, there are two types of custody—physical and legal. Physical custody determines where the child lives, while legal custody decides who makes important life decisions. Sole custody can apply to one or both, but Utah courts will always base their decision on what’s best for the child.

If you’re filing for sole custody, the process involves filing a petition, serving the other parent, gathering evidence, and attending mediation before going to court. Utah courts will consider factors like the parent-child bond, each parent’s ability to provide stability, and any history of abuse or neglect.

For unmarried parents, custody works a little differently. If paternity hasn’t been legally established, the mother automatically has sole custody. However, if paternity is confirmed, the custody case follows the same process as for divorced parents.

Even if you’re granted sole custody, the other parent may still have visitation rights, and it’s critical to follow all court orders. If circumstances change, modifications to custody or visitation may be possible, but they require a formal petition and strong legal arguments.

Seeking sole custody isn’t just about filling out paperwork—it’s about proving what’s best for your child. At RCG Law Group, we guide parents through every step of the process, helping them build the strongest case possible.

If you need legal support, call 385-503-3663 to schedule your free consultation today.