A parenting plan is a written document that outlines how parents will share rights and responsibilities for their child after separation or divorce. Under Utah Code Section 30-3-10.8, parents are required to submit a proposed parenting plan in any case involving custody and parent-time. The plan must address specific statutory elements and serves as the roadmap for how the parents will co-parent going forward.
Updated: July 17, 2026
Key Takeaways
- Utah Code Section 30-3-10.8 requires parents to submit a proposed parenting plan
- The plan must address custody, parent-time, decision-making, and other essential topics
- The court considers the parents’ proposed plan but is not bound to accept it
- A well-drafted parenting plan reduces conflict and provides clarity for both parents and the child
- Working with an experienced Utah custody attorney helps ensure your parenting plan meets statutory requirements
What Is a Parenting Plan Under Utah Law?
A parenting plan is a comprehensive document that sets forth the rights and responsibilities of each parent regarding their child. Under Utah Code Section 30-3-10.8, the parenting plan must address the following areas: physical custody, legal custody, parent-time schedules, decision-making authority, transportation arrangements, communication between the child and each parent, and provisions for resolving future disputes.
The parenting plan is not just a formality. It becomes a court order once approved by the judge, and its terms are legally binding on both parents. Violating the parenting plan can result in contempt of court, modification of custody, or other legal consequences.
What Must a Parenting Plan Include Under Utah Code Section 30-3-10.8?
Section 30-3-10.8 specifies the required contents of a parenting plan. The plan must include the following elements:
| Required Element | What It Addresses |
|---|---|
| Custody designation | Whether custody is sole or joint, and which parent has physical custody |
| Parent-time schedule | The specific times the noncustodial parent will have the child, including holidays and summer |
| Legal decision-making | How major decisions about education, healthcare, and religious upbringing will be made |
| Transportation | How the child will be transported between parents, and who is responsible |
| Communication | Provisions for the child to communicate with each parent, including phone and video contact |
| Dispute resolution | A process for resolving disagreements, such as mediation or arbitration |
| Relocation notice | A requirement that each parent notify the other before moving |
| Information sharing | How parents will share school, medical, and other information about the child |
The plan may also include additional provisions agreed upon by the parents, such as right of first refusal, restrictions on travel, or specific provisions about the child’s extracurricular activities.
How Is a Parenting Plan Submitted to the Court?
Each parent must submit a proposed parenting plan to the court as part of the custody proceeding. The plans are typically filed along with the initial pleadings or within a specified time after the case begins. If the parents have reached an agreement, they may submit a joint proposed parenting plan. If they cannot agree, each parent submits their own proposed plan, and the court decides which plan to adopt or creates its own.
The court will review the proposed plans and evaluate them based on the best interest factors in Sections 30-3-10.2 and 30-3-11. The court will hold a hearing if necessary to resolve disputes about the plan’s provisions.
What Happens If Parents Cannot Agree on a Parenting Plan?
If parents cannot agree on a parenting plan, the court will decide the terms after a hearing or trial. Each parent will have the opportunity to present evidence supporting their proposed plan. The court will evaluate the evidence and enter a parenting plan that it finds serves the child’s best interest.
The court may also order the parents to attend mediation to attempt to resolve their differences before proceeding to trial. Mediation can be an effective way to reach agreement without the cost and stress of a contested hearing. If mediation is unsuccessful, the case proceeds to trial.
How Does the Court Evaluate Competing Parenting Plans?
When parents submit competing parenting plans, the court evaluates each plan based on how well it serves the child’s best interest. The court considers the same factors that apply to custody and parent-time determinations, including:
- The child’s relationship with each parent
- Each parent’s ability to provide for the child’s needs
- The stability and continuity offered by each plan
- Each parent’s willingness to support the child’s relationship with the other parent
- The practical feasibility of each plan
- The child’s preferences, if the child is of sufficient age
- Any history of domestic violence, substance abuse, or other relevant factors
The court may adopt one parent’s plan in whole or in part, or may create its own plan based on the evidence presented.
Strategic Tip: When drafting your proposed parenting plan, think about what will work in practice, not just what you want on paper. A plan that is specific, realistic, and focused on the child’s needs is more likely to be adopted by the court and to function well for your family.
Can a Parenting Plan Be Modified After It Is Entered?
Yes. Like any custody or parent-time order, a parenting plan may be modified if there has been a substantial and material change in circumstances. The parent seeking modification must file a motion and show that the change is in the child’s best interest. Common reasons for modification include:
- Relocation of one parent
- A change in the child’s needs as they grow older
- A parent’s change in employment or living situation
- Evidence that the current plan is not working
- A parent’s failure to comply with the current plan
The court will review the proposed modification and determine whether it serves the child’s best interest under the current circumstances.
What Are the Consequences of Violating a Parenting Plan?
A parenting plan is a court order. Violating its terms can have serious consequences. Possible consequences include:
- The court may find the violating parent in contempt of court
- The court may modify custody or parent-time in favor of the compliant parent
- The violating parent may be ordered to pay the other parent’s attorney fees and costs
- The court may require makeup parent-time for missed visits
- Repeated violations may result in more severe sanctions, including changes in custody
Parents should take their parenting plan obligations seriously. Consistent compliance with the plan demonstrates a commitment to the child’s welfare and to co-parenting cooperation.
How Detailed Should a Parenting Plan Be?
A parenting plan should be detailed enough to provide clear guidance to both parents but flexible enough to accommodate reasonable changes in circumstances. The level of detail depends on the parents’ relationship and their ability to cooperate. Parents who communicate well may prefer a less detailed plan that gives them flexibility. Parents with high conflict may need a very detailed plan that leaves little room for disagreement.
The key is to anticipate common issues and address them in advance. Topics that often require specific detail include pickup and drop-off times and locations, holiday schedules, communication between visits, and procedures for handling illness or schedule changes. The more specific the plan, the less room there is for disputes.
Is a parenting plan required in every Utah custody case?
Yes. Under Section 30-3-10.8, each parent must submit a proposed parenting plan in any case involving custody or parent-time. The court will not enter a final order without an approved parenting plan.
Can a parenting plan include provisions about the child’s education and healthcare?
Yes. The parenting plan must address how major decisions about education, healthcare, and religious upbringing will be made. This includes specifying whether parents will make decisions jointly or whether one parent has final decision-making authority.
What if a parent refuses to submit a proposed parenting plan?
If a parent fails to submit a proposed parenting plan, the court may proceed with the plan submitted by the other parent or may create its own plan. The noncomplying parent may be subject to sanctions.
Facing a child custody issue in Utah? Jeremy D. Eveland, MBA, JD, can help protect your parental rights and advocate for your child’s best interests.
Call (801) 613-1472 or visit jeremeyeveland.com to schedule a consultation today.
This article is for informational purposes only and does not constitute legal advice. Consult with a qualified Utah family law attorney for advice specific to your situation.
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