Child Custody Lawyer in Kaysville and Clearfield
Custody cases are really about ordinary weeks: who handles the school drop-off, where the kids sleep on a Tuesday, and who they spend Thanksgiving with. Dustin Gibb helps parents build custody arrangements that work, and change the ones that no longer do.
Kaysville, Clearfield (by appointment), or virtual · (801) 725-6035
Utah courts decide custody based on what’s best for the child. Legal custody covers major decisions. Physical custody is measured in overnights, and 111 nights a year with each parent is the line for joint physical custody. Parents who agree on joint custody must file a parenting plan, and an existing order can only be changed when circumstances have changed.
What kind of custody case is this?
A first custody order
This usually happens as part of a divorce, or in a parentage case if the parents weren’t married. The goal is a parenting plan that fits your children’s actual school, activities, and routines, along with a schedule you can realistically keep.
Changing an existing order
Jobs change, kids get older, and parents move. Changing parent-time requires showing that circumstances have changed. Changing custody itself requires more: a substantial and material change, plus proof that the new arrangement would be better for your child. If you share joint custody, you generally need to try the dispute resolution process in your order before filing.
Most custody fights aren’t about love. They’re about logistics. A plan that works on a Tuesday matters more than a perfect one on paper.
One parent wants to move
A move of 150 miles or more triggers Utah’s relocation rules. See Moving with your children below.
Custody arrangements in Utah, and why the numbers matter
| Arrangement | What it means | Why it matters |
|---|---|---|
| Joint legal custody | Both parents share major decisions: school, health care, religion | The most common arrangement, though the plan may give one parent final say on certain issues |
| Joint physical custody | Each parent has at least 111 overnights a year | Changes which child support worksheet is used |
| Sole physical custody | The children live with one parent more than 255 nights a year | The other parent has parent-time. Relocation rules apply differently. |
| Split custody | With more than one child, each parent has sole physical custody of at least one child | Uncommon; used only when it serves the children |
The difference between 110 and 111 overnights can change the child support calculation, so the count is worth checking carefully.
Alimony & Support →How Utah judges weigh a child’s best interests
The law gives judges a set of factors and doesn’t say how to rank them. In practice, the same questions come up again and again, and each one is answered with evidence, not with how strongly a parent feels.
Who has been doing the parenting?
Who takes the kids to the doctor, talks with teachers, and handles bedtime? A judge will look at the history before and after separation.
What shows it: school and medical records, calendars, and texts arranging pickups.
Can the child’s routine stay stable?
School, friends, activities, and the distance between the two homes all matter. A plan that keeps a child in the same school usually weighs heavily.
What shows it: school enrollment, activity schedules, and the commute between homes.
Will each parent support the child’s relationship with the other?
Judges pay close attention to a parent who blocks calls, criticizes the other parent to the kids, or ignores parent-time.
What shows it: communication history and a record of how exchanges went.
Is there any safety concern?
Abuse, domestic violence, and substance problems change everything else in the analysis.
What shows it: police reports, protective orders, and treatment records.
Protective Orders →What does the child want?
A child’s wishes can matter, and they matter more as the child gets older, but the decision is still the court’s. Parents who pressure a child to “pick” usually hurt their own case.
Building a parenting plan that holds up
Parents who agree on joint custody must file a parenting plan, and a good one prevents the arguments that bring people back to court. Details that matter more than people expect:
Moving with your children
If a parent plans to move 150 miles or more from the other parent, Utah law requires advance written notice to the other parent, and either parent can ask the court to address the move. If the parents share joint physical custody, the parent who wants to relocate with the children must also file a Petition to Modify Custody.
The court looks at whether the move serves the children’s best interests, and if it’s allowed, how the other parent’s time will be restructured. That usually means longer blocks of time in the summer and during breaks, plus a decision about who pays for travel.
Moves under 150 miles can still change what schedule is workable. A move from Kaysville to Syracuse is manageable on a school week. A move to St. George isn’t.
Custody mistakes that hurt your case
Withholding parent-time because support isn’t being paid
These are separate obligations. Enforce support through the court instead.
Changing the schedule without changing the order
Informal changes can create confusion later about what’s actually in effect.
Skipping the dispute resolution step
For joint custody, filing to modify before trying the process in your order can stall your case.
Moving without proper notice
A relocation handled the wrong way can backfire and shift custody toward the other parent.
Using the kids as messengers
Keep scheduling and money between the adults, in writing.
Child custody questions
No, there isn’t an automatic default. Courts decide what arrangement is in the child’s best interests. Equal time is possible when it works for the children, especially when parents live close to each other and can communicate.
There’s no age when a child gets to decide. A judge may consider the child’s wishes, with more weight as the child matures, but the final decision stays with the court.
No. Parent-time and child support are separate. Stopping parent-time can hurt your custody case. We can help you enforce support through the court.
Custody is decided using the same best-interest analysis, but parentage (paternity) may need to be legally established first.
It depends on whether the other parent agrees. An agreed change can be fairly quick. A contested one often involves mediation and can take months.
What to bring to a custody consultation
Custody guides
Talk with Dustin about custody
Kaysville · Clearfield (by appointment) · Virtual · (801) 725-6035
Fees are discussed at your consultation.