The short answer: No — you have hope, but you have work to do.
Utah custody law has changed significantly in past generation, but the core principles are the same: courts care about present child safety, present parent and child stability, and present parenting ability. A mistake (or even several mistakes) in the past does not automatically bar you from joint legal custody or joint physical custody. But neither can you wave away the past as if it never existed. The court’s job is to determine what arrangement serves the child’s best interest now, and past conduct matters only to the extent that it sheds light on present risk and present capacity.
This is why the answer is neither “your past dooms you” nor “your past no longer matters.” Utah law sits squarely in the middle.
Utah Law Starts With a Presumption of Joint Legal Custody — Even When There Is a Complicated History
Under Utah Code § 81-9-205, Utah courts start with a presumption of joint legal custody. The presumption can be rebutted, but the law begins with the understanding that children typically benefit from having both parents involved in major decisions about their lives.
However, domestic violence is one of the statutory reasons the presumption can be overcome. Title 81 makes that clear in multiple sections:
- § 81-9-204(3)(a), § 81-9-205(2)(a)(i), and § 81-9-206(3)(a): courts must consider any evidence of domestic violence between the parents or against the children.
- § 81-9-204(4)(f), and § 81-9-207(2): substance abuse and its impact on parenting capacity must be evaluated.
Notice the common thread: risk — not perfection, not history for history’s sake.
A single police call from ten years ago, or a brief period of problematic drinking that stopped long before the divorce, does not automatically constitute a present risk. The statute does not operate mechanically. The question is always: Does the conduct show that the parent poses a danger or lacks the ability to provide safe, consistent care now?
Joint Legal Custody vs. Joint Physical Custody: Your Past Matters Differently in Each Analysis
Most people lump “joint custody” together, but Utah courts treat the two forms separately.
Joint Legal Custody
Joint legal custody concerns decision-making for the child, particularly regarding the child’s health, education, religious and moral training, extracurricular activities, and general welfare. The court looks at the parents’ ability to communicate, cooperate, and share responsibilities. Past substance abuse or a dated, isolated domestic incident weighs less heavily unless it affects present decision-making ability or the safety of communication.
For example, a parent who had a DUI five years ago but has since completed treatment (if the DUI was related to alcohol abuse or addiction), maintained sobriety, and rebuilt stability may still be an excellent candidate for joint legal custody. Utah law has room for rehabilitation.
Joint Physical Custody and Parent-time
Physical custody and parent-time is more sensitive to patterns of danger or instability. The factors in §§ 81-9-204, 205, 206, 207, and 305 require the court to evaluate, among other factors, the child’s physical safety, the parent’s ability to provide daily care, and the emotional climate of each home.
Here, severity and recency matter.
- A minor, isolated incident from years ago is unlikely to tip the scales.
- A pattern of abuse, repeated incidents, untreated addiction, or recent criminal charges almost certainly will.
Even then, “no hope” is rarely accurate. Courts are, in the right circumstances, increasingly open to the possibility of awarding gradual transitions back to joint legal and physical custody once a parent demonstrates sustained change for the better.
Public Misconceptions: What Utah Law Actually Says
Myth #1: “If there was ever abuse, I can never get joint custody.”
Wrong. Utah courts look at evidence, timing, severity, and current circumstances, not blanket labels. A mistake that is genuinely in the past, addressed through treatment, and not repeated is not a perpetual bar.
Myth #2: “My spouse is using ancient history against me; the court will automatically buy it.”
Not true. While many Utah courts are, frankly, suckers for scary stories and don’t want to be blamed for making a mistake in crafting the child custody and/or parent-time awards, most courts require evidence of more than just storytelling. If the past incident was minor, isolated, and distant, and if you have lived an orderly, stable life since then, the court will see through fear-based narratives.
Myth #3: “Substance abuse five years ago means I lose custody forever.”
Not in Utah. § 81-9-302 requires judges to evaluate whether present substance use or impairment “materially affects parenting.” If sobriety is long-standing and verifiable, the law recognizes that people change.
Myth #4: “False allegations will ruin me.”
Maybe. False allegations work quite often, and courts rarely punish them. So, it’s no surprise that false allegations are so popular with many parents seeking to get an advantage in the child custody and parent-time disputes. False allegations can cause trouble, but Utah most courts ultimately look for evidence, corroboration, behavioral patterns, and credibility. Most false allegations tend to collapse under scrutiny. Most courts ultimately care about facts, not narratives.
What You Should Do If You Have a Complicated Past
This is where “strategy” turns into plain common sense.
- Own what is true. Denying the truth destroys credibility. Courts respect candor and genuine contrition, especially when the issue is old and resolved.
- Document your stability. Treatment completion records, clean drug tests, therapy logs, sponsor letters, and long-term employment all matter.
- Avoid the “doormat confessional.” Be honest, but do not let ex-spouses or their attorneys weaponize your past to paint a picture that isn’t real. Stand your ground. You are allowed to say (and prove): “I made a mistake. I fixed it. There is no ongoing risk.”
- Stay clean and calm during litigation. No new incidents. No angry texts. No alcohol-fueled missteps. The fastest way to lose custody is to prove your spouse right.
- Demonstrate cooperation. Courts reward parents who act like adults, even under pressure. Civility is evidence. Stay frosty and stay classy.
- Prepare for the possibility of criminal implications. If the past conduct involved criminal charges, probation, or protective orders, be ready to explain what happened and how it resolved. Judges want to see accountability and growth, not excuses.
The Past Matters, but the Present Often Matters More
Utah custody law does not condemn parents for isolated or outdated misconduct. At the same time, it does not turn a blind eye to genuine patterns of danger. You are not disqualified from joint legal or joint physical custody simply because you have a blemished past. What matters is whether you have addressed the issue, resolved it, and have developed into a safe, stable, reliable parent today. Utah law still gives you a real shot at joint.
Utah Family Law, LC | divorceutah.com | 801-466-9277