How to File for Custody in Utah: Forms, Fees, and the MyPaperwork System

Utah replaced its old OCAP (Online Court Assistance Program) system with MyPaperwork, a free online portal that generates all the court forms you need. The forms are free. The filing fee is $350. And the process requires more than just filling in blanks — you'll need a proposed parenting plan, financial disclosures, and proof that you've met residency requirements before the court will accept your case.

Here's the actual filing sequence.

Residency Requirements

Before you can file, two thresholds must be met:

• County residency: The petitioner (the parent who files) must have lived in a single Utah county for at least 90 consecutive days immediately before filing
• State residency for custody: Under the UCCJEA (Uniform Child Custody Jurisdiction and Enforcement Act), the child must have lived in Utah with at least one parent for at least six consecutive months before filing, with narrow exceptions for emergencies

If you moved to Utah recently, the six-month child residency requirement is usually the binding constraint.

The Forms You Need

MyPaperwork (utcourts.gov) generates the following documents based on your answers:

1. Cover Sheet for Domestic Relations — basic case classification
2. Petition for Divorce (or Petition to Establish Custody if unmarried) — states your requested custody arrangement, support terms, and property division
3. Summons — formal notice to the other parent
4. Proposed Parenting Plan — your suggested custody and parent-time schedule (mandatory when requesting joint legal or joint physical custody)

The portal walks you through an interview-style questionnaire and produces formatted documents you can file directly with the District Court Clerk.

Filing Fees

If you can't afford the filing fee, file a Fee Waiver Motion (Form 1102FA) with your petition. The court evaluates your income and may waive fees entirely. This also covers process server costs and may reduce mandatory course fees.

The Filing Sequence

Step 1: Complete MyPaperwork, print all documents, and file them with the District Court Clerk in the county where you meet the residency requirement. Pay the $350 filing fee (or submit the fee waiver).

Step 2: The moment you file, the URCP Rule 109 Domestic Relations Injunction activates against you automatically. This bars you from moving the children out of state, canceling insurance policies, hiding assets, or making major financial changes without the other parent's written consent or a court order.

Step 3: Serve the other parent within 120 days. You can use a private process server ($50-$100) or the county sheriff. The other parent cannot be served by you personally. Once served, the Rule 109 injunction binds them too.

Step 4: The respondent has 21 days to file an Answer if served in Utah (30 days if served out of state). If they don't respond, you may apply for a Default Judgment.

Step 5: Both parents must complete the mandatory Divorce Orientation Course and Parenting Education Course — the petitioner within 60 days of filing, the respondent within 30 days of service.

After Filing: What Happens Next

Within 14 days of the respondent's Answer, both parties must exchange Financial Declarations under URCP Rule 26.1 — tax returns, pay stubs, and bank statements. If the case is contested, mandatory mediation is required before the court will schedule a trial date.

Utah enforces a 30-day mandatory waiting period between filing and entry of the final decree, even in uncontested cases where both parents agree on everything.

For the complete filing timeline with every deadline, the required Financial Declaration checklist, and help drafting your proposed parenting plan before entering MyPaperwork, the Utah Child Custody & Parenting Plan Guide covers the process from pre-filing preparation through final decree.

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