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Commonly Used Grounds for Emergency Child Custody in Utah Child Abuse: Abuse of a child is never acceptable and is a common reason for an emergency custody change. Drug Addiction: A parent that is addicted to drugs or alcohol may not be able to provide proper care to a child.
The Utah Courts have the forms on their Online Court Assistance Program (OCAP) located at .utcourts.gov/ocap. After you answer the questions, the program will prepare the paperwork needed to file a custody case.
In Utah, the court will usually not consider a child's preference unless they are 14. However, the child's preferences are not the only factor the court finds. The judge may place more weight on the child's wishes if they are 16 or older.
Speak to a child custody attorney, who can offer guidance on laws and procedures and help initiate the process. Visit the applicable courthouse and request the documents needed to file for emergency child custody. Be prepared to possibly meet with a judge in order to review the request at the time of the filing.
Though a 50-50 shared physical custody arrangement is possible, in most cases the child will live primarily with one parent during the week, with the other parent enjoying time with the child every other weekend.