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Child Custody Preference Age in Utah

In Utah the court may consider a child's desires, which are not controlling, and the desires of a child 14 or older get added weight but are not the single controlling factor.

Last checked . General information, not legal advice.

Utah at a glance

Age named in statute
14 (added weight)
Desires of younger children may also be considered.
How the preference is weighed
Added weight at 14 and older, not controlling
Any interview by the court is held in camera.
Preference can be decisive
No, not controlling

Sources

Last checked

The rules in Utah

At what age does a child's custody preference count in Utah?

Age named in statute in Utah: 14 (added weight). Desires of younger children may also be considered.

How do courts in Utah weigh a child's custody preference?

How the preference is weighed in Utah: Added weight at 14 and older, not controlling. Any interview by the court is held in camera.

Can a child's preference decide custody in Utah?

No, not controlling. Preference can be decisive in Utah: no, not controlling.

Where do the Utah child custody preference laws come from?

The rules above come from Utah Code 81-9-204(4)(p) and Utah Code 81-9-204(5). Each source is linked on this page. We last checked them in October 2026.

Good to know

Utah's custody factors are now codified in the Utah Domestic Relations Code, Title 81; the version shown on the legislature site is effective May 6, 2026.

What this means in practice

A child's preference is rarely the only thing a court looks at. Judges also weigh each parent's ability to care for the child, the child's ties to home, school and community, and any history of abuse or conflict. A clear preference from an older, mature child can carry real weight, but it does not replace the best interests test.

Courts often hear from children privately, for example in a judge's chambers, through a guardian ad litem, or through a custody evaluator, rather than on the witness stand. The process and who may be present depend on local court rules and the judge's discretion.

Courts look closely at whether a preference is the child's own view or the result of pressure from a parent. Coaching a child or promising rewards for choosing a side can hurt a parent's case. Parents who reach their own arrangement can record it in a parenting plan or settlement agreement for the court to review.

General information, not legal advice. Laws change, and cities can add their own rules, so check the current statute before you rely on it.