Custody Evaluations in Utah Divorce and Custody Cases
Short answer: A Utah court may order a custody evaluation when a party requests one or the court finds extraordinary circumstances, and the parties can pay for it. Utah Code § 81-9-503(1). Since 2026, evaluators must be licensed mental health professionals with specific training, appointed by agreement or from lists each side submits. The evaluator’s findings are advisory only, and there is no presumption in their favor. § 81-9-503(6).
What Is a Custody Evaluation?
When parents cannot agree on custody or parent-time, Utah courts sometimes rely on a professional investigation called a custody evaluation. A custody evaluation is performed by a licensed mental health professional who investigates family dynamics and provides recommendations to the court regarding custody and parent-time arrangements.
The evaluator gathers information about each parent’s ability to meet the child’s needs and analyzes what arrangement would best serve the child’s long-term well-being. Utah courts retain continuing jurisdiction over custody matters and can modify or reconsider custody arrangements when circumstances warrant it . This makes custody evaluations particularly important in contested divorce or custody cases.
When Courts Order Custody Evaluations
Custody evaluations are not required in every divorce or custody case. Courts generally order them when there are serious disagreements about parenting or concerns about a child’s safety or development.
Common situations where a custody evaluation may be ordered include:
Significant disagreement about legal or physical custody
Allegations of abuse, neglect, or substance abuse
Claims of parental alienation
Requests to modify an existing custody order
Concerns about a child’s emotional or psychological needs
Utah courts must apply a two-step analysis when modifying custody. First, the court determines whether there has been a substantial and material change in circumstances. Only after that threshold is met does the court examine the child’s best interests (Utah Code § 81-9-208(1)(a); Doyle v. Doyle, 2011 UT 42, 258 P.3d 553; Harper v. Harper, 2021 UT App 5, 480 P.3d 1097). Custody evaluations often provide critical evidence in that analysis.
Utah’s 2026 Custody Evaluation Statute
In 2026, Utah added a statute governing custody evaluations, Utah Code §§ 81-9-501 through 81-9-504. Its main rules:
When one can be ordered. A court may order an evaluation if a party requests one or the court finds extraordinary circumstances, and only if the parties can pay for it. § 81-9-503(1).
Who qualifies. The evaluator must be a licensed clinical social worker, psychologist, psychiatrist, marriage and family therapist, or clinical mental health counselor with at least 18 hours of training on children’s developmental needs, family dynamics, and the effects of divorce, abuse, and conflict. The courts keep a roster of qualified evaluators. § 81-9-502.
How the evaluator is chosen. The court appoints an evaluator the parties agree on. If they cannot agree, each side proposes three names, the parties submit a joint list, and the court chooses from it after considering any written objections. § 81-9-503(2).
Removal. Either party can ask the court to remove an evaluator for good cause, including bias, a conflict of interest, failure to follow professional standards, delay, or misconduct. § 81-9-503(5).
Impartiality. The evaluator must remain impartial, may not act as an advocate for either party, must disclose conflicts, and may not communicate with a party without notice to the other party except as reasonably necessary to conduct the evaluation. § 81-9-504.
What Happens During a Custody Evaluation
Although the process may vary depending on the evaluator, most custody evaluations follow a similar structure.
Parent Interviews
Each parent typically participates in multiple interviews where the evaluator gathers information about family history, parenting styles, and the parent’s relationship with the child.
Child Interviews
If the child is old enough, the evaluator may meet with the child to understand the child’s perspective and experiences. These conversations are conducted carefully and in an age-appropriate manner.
Observation of Parent-Child Interaction
Evaluators frequently observe each parent interacting with the child. This helps assess communication style, emotional bonding, discipline techniques, and responsiveness to the child’s needs.
Psychological Testing
Some custody evaluations involve standardized psychological testing of parents or children. These assessments may help identify personality traits, mental health issues, or parenting strengths and weaknesses.
Collateral Contacts
Evaluators often speak with teachers, doctors, therapists, family members, or other individuals who regularly interact with the child.
Document Review
School records, medical records, police reports, and prior court filings may also be reviewed as part of the investigation.
The Custody Evaluation Report
After completing the investigation, the evaluator prepares a written report for the court. This report typically contains:
Background information about the family
A description of the evaluation process
Observations and psychological findings
Analysis of the child’s needs and family dynamics
Recommendations for custody and parent-time
Although judges frequently consider the evaluator’s recommendations carefully, the evaluator does not decide the case. The judge remains responsible for making the final custody determination. Under Utah Code § 81-9-503(6), the evaluator’s findings are advisory only, and there is no presumption in their favor.
Custody Evaluations as Evidence
Custody evaluations are treated as expert evidence in Utah courts. Evaluators may testify about their findings, and attorneys may challenge the evaluator’s conclusions through cross-examination or by presenting their own expert testimony.
Utah courts apply the Rules of Evidence to ensure that testimony and reports are presented fairly and reliably in civil proceedings. This means the evaluator’s methods and opinions can be scrutinized during litigation.
How Parents Should Approach a Custody Evaluation
Parents involved in a custody evaluation should understand that evaluators are trained professionals who assess both behavior and credibility.
Practical guidelines include:
Be honest and cooperative with the evaluator
Focus on the child’s needs rather than criticizing the other parent
Demonstrate stability and consistency in parenting
Follow court orders and parenting schedules carefully
Avoid coaching or pressuring the child
Evaluators are often looking for parents who support the child’s relationship with both parents and who prioritize the child’s emotional stability.
For more on how custody is decided and changed, see Child Custody in Utah: Best Interest Factors and Can You Modify a Custody Order in Utah?
Frequently Asked Questions
Who pays for a custody evaluation?
The court’s order assigns payment responsibility, and the court may order an evaluation only if it finds the parties have the ability to pay for it. Utah Code § 81-9-503(1)(b), (4)(e).
Can I object to the evaluator?
Yes. Before an appointment, each party has a reasonable opportunity to review a proposed evaluator and can submit a written objection. After an appointment, either party can ask the court to remove the evaluator for good cause. Utah Code § 81-9-503(2), (5).
Does the judge have to follow the evaluator’s recommendation?
No. The evaluator’s findings are advisory only, and there is no presumption in their favor. Utah Code § 81-9-503(6).
Can my child be interviewed?
Evaluators often meet with children old enough to share their perspective. In court, a child generally cannot be required to testify, and a judge who interviews a child does so in chambers. Utah Code § 81-9-204(5).
How an Experienced Family Law Attorney Can Help
Custody evaluations can significantly influence the outcome of a custody case. Preparing properly for the process, understanding the evaluator’s role, and knowing how to respond to a report are critical parts of protecting your parental rights.
An experienced Utah family law attorney can help by:
Preparing you for evaluator interviews
Ensuring important evidence is provided to the evaluator
Reviewing and challenging flawed evaluation reports
Cross-examining evaluators at trial if necessary
Presenting evidence that supports your child’s best interests
Call for Help With Your Utah Custody Case
If you are involved in a contested divorce, custody dispute, or custody modification case in Utah, a custody evaluation could play a major role in the outcome of your case.
Having experienced legal guidance during this process can make a significant difference.
Call today to discuss your custody case and learn how to protect your parental rights and your child’s best interests. We can help you understand the custody evaluation process, prepare effectively, and advocate for the outcome your family needs.