Child Custody Mediation in Utah

Under Utah Code § 81-9-102, courts can order mediation in any domestic relations case involving custody or parent-time. Most Utah district courts require mediation before scheduling a custody trial. Even when not technically mandatory, judges strongly encourage it — and proactively choosing mediation demonstrates good faith to the court. Coming to us before being ordered gives you more control over timing and mediator selection.

Utah distinguishes between physical custody (where children live) and legal custody (who makes major decisions). Joint legal custody means both parents share decision-making for education, healthcare, and religious upbringing — this is Utah's default. Joint physical custody means children spend significant time with both parents, though not necessarily 50/50. Sole custody (either physical or legal) means one parent has primary authority, typically granted only when there are safety concerns or one parent is absent.

Custody and child support are directly linked. Utah uses the Income Shares Model, and the number of overnights each parent has significantly affects the calculation. In a sole physical custody arrangement (one parent has fewer than 111 overnights), the non-custodial parent pays the full worksheet amount. In a joint physical custody arrangement (110+ overnights each), both parents' incomes and overnights are factored in, often resulting in lower support obligations. Use our Child Support Calculator to model different scenarios.

Under Utah Code § 81-6-301, courts evaluate custody based on the "best interests of the child," considering factors including: the child's existing relationship with each parent, each parent's ability to provide care, the child's adjustment to home/school/community, the physical and emotional health of all parties, and each parent's willingness to encourage the child's relationship with the other parent. In mediation, we help you apply these same factors collaboratively — which typically produces arrangements both parents support.

Absolutely — and that's one of mediation's greatest advantages. While Utah provides a statutory minimum parent-time schedule, you're free to design something entirely different. We've helped parents create week-on/week-off schedules, 2-2-3 rotations, school-year/summer splits, and completely unique arrangements tailored to specific work schedules, children's activities, and family needs. The only requirement is that your plan serves your children's best interests. Use our Co-Parenting Schedule Builder to visualize different options.

Utah law requires the relocating parent to provide at least 60 days' written notice before moving. Relocation can significantly impact existing custody arrangements. In mediation, we can proactively address relocation provisions — including notice requirements, modification procedures, adjusted schedules, and transportation responsibilities. If relocation is already on the table, mediation is often the most productive way to restructure your parenting plan without costly court battles.

Most custody mediation cases at Common Ground are resolved in 2–3 sessions over 2–4 weeks. Combined with Utah's mandatory 30-day waiting period for divorce filing, the entire process typically wraps up within 30 days. Compare that to custody litigation, which averages 6–18 months and can stretch to years when custody evaluations, guardian ad litems, and court backlogs are involved.

No. Children do not attend mediation sessions, and we strongly advise against involving them in the negotiation process. Our mediators are trained to keep children's interests at the center of every discussion while shielding them from the process itself. Parents are the decision-makers — and protecting children from the stress of adult negotiations is one of mediation's core principles.