Section 34 – Parent-time — Best interests — Rebuttable presumption.
Effective 5/5/2021 30-3-34. Parent-time — Best interests — Rebuttable presumption. (1) If the parties are unable to agree on a parent-time schedule, the court may: (a) establish a parent-time schedule; or (b) order a parent-time schedule described in Section 30-3-35, 30-3-35.1, 30-3-35.2, or 30-3-35.5. (2) The advisory guidelines as provided in Section 30-3-33 and the […]
Section 10.3 – Terms of joint legal or physical custody order.
30-3-10.3. Terms of joint legal or physical custody order. (1) Unless the court orders otherwise, before a final order of joint legal custody or joint physical custody is entered both parties shall attend the mandatory course for divorcing parents, as provided in Section 30-3-11.3, and present a certificate of completion from the course to the […]
Section 34.5 – Supervised parent-time.
Effective 5/4/2022 30-3-34.5. Supervised parent-time. (1) Considering the fundamental liberty interests of parents and children, it is the policy of this state that divorcing parents have unrestricted and unsupervised access to their children. When necessary to protect a child and no less restrictive means is reasonably available however, a court may order supervised parent-time if […]
Section 10.4 – Modification or termination of order.
Effective 5/14/2019 30-3-10.4. Modification or termination of order. (1) On the petition of one or both of the parents, or the joint legal or physical custodians if they are not the parents, the court may, after a hearing, modify or terminate an order that established joint legal custody or joint physical custody if: (a) the […]
Section 35 – Minimum schedule for parent-time for a child five to 18 years old.
Effective 5/4/2022 30-3-35. Minimum schedule for parent-time for a child five to 18 years old. (1) As used in this section, “weekends” include any snow days, teacher development days, or other days when school is not scheduled and that are contiguous to the weekend period. (2) The parent-time schedule in this section applies to a […]
Section 10.5 – Payments of support, maintenance, and alimony.
30-3-10.5. Payments of support, maintenance, and alimony. (1) All monthly payments of support, maintenance, or alimony provided for in the order or decree shall be due on the first day of each month for purposes of Section 78B-12-112, child support services pursuant to Title 62A, Chapter 11, Part 3, Child Support Services Act, income withholding […]
Section 35.1 – Optional schedule for parent-time for a child five to 18 years old.
Effective 5/4/2022 30-3-35.1. Optional schedule for parent-time for a child five to 18 years old. (1) As used in this section, “weekends” include any snow days, teacher development days, or other days when school is not scheduled and that are contiguous to the weekend period. (2) (a) The optional parent-time schedule in this section applies […]
Section 10.7 – Parenting plan — Definitions.
30-3-10.7. Parenting plan — Definitions. (1) “Domestic violence” means the same as in Section 77-36-1. (2) “Parenting plan” means a plan for parenting a child, including allocation of parenting functions, which is incorporated in any final decree or decree of modification including an action for dissolution of marriage, annulment, legal separation, or paternity. (3) “Parenting […]
Section 35.2 – Equal parent-time schedule.
Effective 5/5/2021 30-3-35.2. Equal parent-time schedule. (1) (a) A court may order the equal parent-time schedule described in this section if the court determines that: (i) the equal parent-time schedule is in the child’s best interest; (ii) each parent has been actively involved in the child’s life; and (iii) each parent can effectively facilitate the […]
Section 10.8 – Parenting plan — Filing — Modifications.
Effective 7/1/2017 30-3-10.8. Parenting plan — Filing — Modifications. (1) In any proceeding under this chapter, including actions for paternity, a party requesting joint custody, joint legal or physical custody, or any other type of shared parenting arrangement, shall file and serve a proposed parenting plan at the time of the filing of their original […]