Can Utah courts award joint custody without a timely parenting plan? Lerman v. Lerman Explained

In Lerman v. Lerman, the Utah Court of Appeals addressed whether trial courts may award joint custody when a parent fails to file the statutorily required parenting plan with their initial pleading, and how courts should weigh domestic violence allegations in custody determinations.

Background and Facts

Derek Lerman filed for divorce requesting joint legal custody but failed to include a parenting plan with his petition as required by Utah Code § 30-3-10.8(1). Michelle Lerman counterclaimed for sole custody, alleging domestic violence including sexual assault. After temporary orders, the court specifically ordered Derek to file a parenting plan, which he did approximately ten days later. At trial, Michelle testified about sexual violence during the marriage, while Derek denied the allegations. The trial court awarded joint legal and physical custody with a 5/9 overnight split favoring Michelle.

Key Legal Issues

The court addressed three issues: (1) whether the absence of a timely filed parenting plan statutorily barred joint custody; (2) whether the court properly weighed domestic violence allegations in its best interest analysis; and (3) whether the court correctly used the joint custody worksheet for child support calculations.

Court’s Analysis and Holding

Applying Dahl v. Dahl, the court held that Derek’s court-ordered filing of a parenting plan after temporary orders satisfied statutory requirements. The court clarified that parenting plans filed with court approval or pursuant to court order are considered timely, even without formal Rule 15 amendment procedures. Regarding domestic violence, the court emphasized that such allegations cannot be ignored merely because they occurred outside the child’s presence, but found the trial court properly considered all evidence and reasonably determined both parents could effectively co-parent. The court also affirmed use of the joint custody worksheet where both parents have over 30% overnight time and share additional expenses beyond child support.

Practice Implications

Practitioners should file parenting plans with initial pleadings when seeking joint custody to avoid timing challenges. However, Lerman provides relief where plans are filed pursuant to court order early in proceedings. Courts retain discretion in weighing domestic violence allegations against other best interest factors, but such evidence cannot be compartmentalized simply because it didn’t occur in the child’s presence. The decision reinforces that joint custody determinations require comprehensive analysis of all statutory factors, with particular attention to the co-parenting relationship’s functionality despite any history of intimate partner violence.