Utah § 81-9-503 - Custody evaluation order -- Appointment of custody evaluator -- Removal of a custody evaluator.
Full text of Utah Utah Code § 81-9-503 — Custody evaluation order -- Appointment of custody evaluator -- Removal of a custody evaluator., with citation guidance and answers to common questions.
§ 81-9-503. Custody evaluation order -- Appointment of custody evaluator -- Removal of a custody evaluator.
Effective 5/6/2026 81-9-503.
Custody evaluation order -- Appointment of custody evaluator -- Removal of a custody evaluator.
(1)
A court may order a custody evaluation during a divorce, separation, or custody proceeding if:
(a)
(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.
(2)
(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).
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.
(6)
(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.
Section 81-9-503 ("Custody evaluation order -- Appointment of custody evaluator -- Removal of a custody evaluator.") is part of the Utah Code, the codified statutory law of Utah. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Utah § 81-9-503?
A common citation format is "Utah Code § 81-9-503" (Utah). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Utah law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Utah official source linked on this page or consult a licensed Utah attorney.
How does Utah § 81-9-503 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Utah can advise on how this section applies to you. Contact your state or local bar association for a referral.
