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
Section 302 – Proceeding for temporary custody — Order.
Effective 5/4/2022 78B-20-302. Proceeding for temporary custody — Order. (1) After a deploying parent receives notice of deployment and until the deployment terminates, a court may issue a temporary order granting custodial responsibility unless prohibited by Section 39A-6-105 and the Servicemembers Civil Relief Act, 50 U.S.C. Appendix Sections 521 and 522. A court may not […]
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 106 – Duty to notify of change of address.
Effective 7/1/2017 78B-20-106. Duty to notify of change of address. (1) Except as otherwise provided in Subsection (2), an individual to whom custodial responsibility has been granted during deployment pursuant to Part 2, Agreement Addressing Custodial Responsibility During Deployment, or Part 3, Judicial Procedure for Granting Custodial Responsibility During Deployment, shall notify the deploying parent […]
Section 107 – General consideration in custody proceeding of parent’s military service.
Effective 7/1/2017 78B-20-107. General consideration in custody proceeding of parent’s military service. In a proceeding for custodial responsibility of a child of a servicemember, a court may not consider a parent’s past deployment or possible future deployment in itself in determining the best interest of the child but may consider any significant impact on the […]