81-9-503. Custody evaluation order -- Appointment of custody evaluator -- Removal of a custody evaluator.

519 words·~2 min read·/ut/title-81/chapter-9/81-9-503

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

Effective 5/6/2026

(1)A court may order a custody evaluation during a divorce, separation, or custody proceeding if:

(i)a party requests a custody evaluation; or

(ii)the court makes specific findings that extraordinary circumstances exist that warrant a custody evaluation; and

(b)the court finds that the parties have the ability to pay for the custody evaluation.

(a)Except as provided in Subsection (2)(b) and subject to Subsection

(3), a court shall appoint a custody evaluator agreed upon by both parties to perform a custody evaluation described in Subsection

(1).

(b)If the parties cannot agree on a custody evaluator to perform a custody evaluation:

(i)each party shall exchange the names of three custody evaluators that the party recommends to provide the custody evaluation;

(ii)the parties shall submit to the court a joint list of all proposed custody evaluators;

(iii)if a party objects to any of the custody evaluators on the list described in Subsection (2)(b)(ii) , the party shall submit to the court a brief written statement explaining the reasons for the objection, including any potential conflicts of interest; and

(iv)the court shall appoint a custody evaluator from the list described in Subsection (2)(b)(ii) after considering any statements described in Subsection (2)(b)(iii) .

(c)A party has the right to a reasonable opportunity to review a proposed custody evaluator before the court appoints the custody evaluator to perform a custody evaluation.

(3)If, based on allegations of domestic violence or abuse, a court reasonably anticipates that a custody evaluator may be required to testify or offer an opinion regarding domestic violence or abuse, the court shall require that each custody evaluator agreed upon or proposed under Subsection

(2)possess the demonstrated expertise and adequate experience described in Subsection 81-9-104(2)(a) .

(4)An order described in Subsection

(1)shall:

(a)identify the appointed custody evaluator;

(b)identify specific custody factors described in Sections 81-9-204 and 81-9-205 to be addressed in the custody evaluation;

(c)require the parties to comply with requests made by the custody evaluator;

(d)restrict disclosure of the custody evaluator's findings, recommendations, and privileged information, except in the proceeding in which the custody evaluation is ordered or in other proceedings in which the court determines disclosure is necessary;

(e)assign payment responsibility for the custody evaluation; and

(f)specify the dates on which the custody evaluation will begin and end.

(5)A party has the right to request the court to remove a custody evaluator for good cause, including:

(a)bias, prejudice, or lack or impartiality toward a party;

(b)a conflict of interest;

(c)failure to comply with this part, rules of the court, or professional standards;

(d)failure to complete the custody evaluation in a timely manner; or

(e)professional misconduct or unethical behavior.

(a)A custody evaluator's findings in making a custody or parent-time decision are advisory only.

(b)There is no presumption in favor of the custody evaluator's findings.

Enacted by Chapter 309 , 2026 General Session