Custody
In Utah, most courts vote in favor of giving custody of children to the mother in cases of
divorce. There are very few situations in which a judge would rule in favor of the father. These
cases would most likely be extreme cases of child abuse, drug abuse, or extreme mental illness
on the mother’s part. The ruling of the courts is always based on what is believed to be best for
the child. In Utah, more often than not, the belief is that children should stay with the mother;
however, the final rule will always be in the best interest of the children.
Children do have a say in which parent is granted custody, most particularly when it
comes to cases in which both parents are equally fit and caring but for whatever reason cannot
participate in joint custody. In these kinds of cases, there are also other factors that will be
weighed in court. For example, if both parents are equally nurturing and loving, then the judge
will most likely determine which parent will have the most time to spend with the children,
which parent will have the most support from friends and extended family members, and which
parent is more financially stable and will be able to support the children economically. These
factors, and many others, will help the judge determine which parent will receive custody of
the children.
The process of deciding which parent will receive custody is a harsh process. Although
unintentional, the process can potentially make children as well as the parents feel the weight
of the judge’s decision to a larger extent. For example, the “winning” parent often does feel
like the winner while the other parent is the loser in the battle for not only the children but the
battle to know who is the better parent.