Section 404 – Termination by operation of law of temporary grant of custodial responsibility established by court order.
Effective 7/1/2017 78B-20-404. Termination by operation of law of temporary grant of custodial responsibility established by court order. (1) If an agreement between the parties to terminate a court order for temporary custodial responsibility during deployment under Part 3, Judicial Procedure for Granting Custodial Responsibility During Deployment, or to terminate a provision of an order […]
Section 303 – Expedited hearing.
Effective 7/1/2017 78B-20-303. Expedited hearing. If a motion to grant custodial responsibility is filed under Subsection 78B-20-302(2) before a deploying parent deploys, the court shall conduct an expedited hearing. Enacted by Chapter 292, 2016 General Session
Section 304 – Testimony by electronic means.
Effective 7/1/2017 78B-20-304. Testimony by electronic means. In a proceeding under this part, a party or witness who is not reasonably available to appear personally may appear, provide testimony, and present evidence by electronic means unless the court finds good cause to require a personal appearance. Enacted by Chapter 292, 2016 General Session
Section 305 – Effect of prior judicial order or agreement.
Effective 7/1/2017 78B-20-305. Effect of prior judicial order or agreement. In a proceeding for a grant of custodial responsibility pursuant to this part, the following rules apply: (1) a prior judicial order designating custodial responsibility in the event of deployment is binding on the court unless the circumstances meet the requirements of the law of […]
Section 201 – Form of agreement.
Effective 7/1/2017 78B-20-201. Form of agreement. (1) The parents of a child may enter into a temporary agreement under this part granting custodial responsibility during deployment. When the parents of a child include one or more servicemembers, the parents should enter into an agreement granting custodial responsibility before notice of deployment, but may also enter […]
Section 202 – Nature of authority created by agreement.
Effective 7/1/2017 78B-20-202. Nature of authority created by agreement. (1) An agreement under this part is temporary and terminates pursuant to Part 4, Return from Deployment, after the deploying parent returns from deployment, unless the agreement has been terminated before that time by court order or modification under Section 78B-2-203. The agreement may not create […]
Section 203 – Modification of agreement.
Effective 7/1/2017 78B-20-203. Modification of agreement. (1) By mutual consent, the parents of a child may modify an agreement regarding custodial responsibility made pursuant to this part. (2) If an agreement is modified under Subsection (1) before deployment of a deploying parent, the modification shall be in writing and signed by both parents and any […]
Section 204 – Power of attorney.
Effective 7/1/2017 78B-20-204. Power of attorney. A deploying parent, by power of attorney, may delegate all or part of custodial responsibility to an adult nonparent for the period of deployment if no other parent possesses custodial responsibility under the law of this state other than this chapter or if a court order currently in effect […]
Section 205 – Filing agreement or power of attorney with court.
Effective 7/1/2017 78B-20-205. Filing agreement or power of attorney with court. (1) An agreement or power of attorney under this part shall be filed within a reasonable time with any court that has entered an order on custodial responsibility or child support that is in effect concerning the child who is the subject of the […]
Section 301 – Definition.
Effective 7/1/2017 78B-20-301. Definition. In this part, “close and substantial relationship” means a relationship in which a significant bond exists between a child and a nonparent. Enacted by Chapter 292, 2016 General Session