Lerman v. Lerman
Lerman v. Lerman, 2024 UT App 155 (Harris, J.)
Family Law
During the divorce proceedings, the trial court entered an order awarding Wife and Husband joint legal and physical custody of their Child. Wife appealed, and the Utah Court of Appeals affirmed, holding:
- The trial court was not statutorily barred from making an award of joint custody after trial because his parenting plan was considered timely even though it was not filed in his original pleading.
- The trial court did not abuse its discretion in weighing the custody factors because it considered Wife’s evidence of domestic violence and Child’s best interest.
- The trial court did not err in using a joint custody worksheet to calculate Husband’s child support obligations because the court’s order met the statutory criteria.
- Practice tip: While Utah Code § 30-3-10.8(1) (2021) requires that a party seeking joint custody file a parenting plan at the time that party files its initial pleading in the case, the Utah Supreme Court has adopted a construction of the statute that allows a parenting plan filed along with a court-approved amended pleading to be considered timely filed.
- Practice tip: The use of a joint custody worksheet is appropriate in cases where the operative order being put into place both (a) affords each parent at least 30% of the overnights and (b) requires each parent to contribute, over and above child support, to the child’s expenses (e.g., extracurriculars, day care, medical costs, or health insurance).