AND PARENT EDUCATION CLASSES. §48-9-101. Scope of article; legislative findings and declarations. (a) This article sets forth principles governing the allocation of custodial and decision-making responsibility for a minor child when the parents do not live together. (b) The Legislature finds and declares that it is the public policy of this state to assure that […]
(a) The primary objective of this article is to serve the childs best interests by facilitating: (1) Stability of the child;
There shall be a presumption, rebuttable by a preponderance of the evidence, that equal (50-50) custodial allocation is in the best interest of the child. If the presumption is rebutted, the court shall, absent an agreement between the parents as to all matters related to custodial allocation, construct a parenting time schedule which maximizes the […]
(a) Persons who have a right to be notified of and participate as a party in an action filed by another are: (1) A legal parent of the child, as defined in section 1-232 of this chapter;
AND PARENT EDUCATION CLASSES. §48-9-104. Parent education classes. (a) The family court shall, by order, and with the approval of the Supreme Court of Appeals, designate an organization or agency to establish and operate education programs designed for parents who have filed an action for divorce, paternity, support, separate maintenance or other custody proceeding and […]
(a) Venue for the initial determination of custodial allocation or child custody determination within a divorce action shall be governed by 48-5-106 or 48-20-101 et seq. of this code, or both. (b) Venue for the initial determination of custodial allocation or child custody determination as between parties who reside in separate states shall be governed […]
§48-9-201. Parenting agreements. (a) If the parents agree to one or more provisions of a parenting plan, the court shall so order, unless it makes specific findings that: (1) The agreement is not knowing or voluntary; or
§48-9-202. Court-ordered services. (a)(1) The court shall inform the parents, or require them to be informed, about: (A) How to prepare a parenting plan;
(a) A parent seeking a temporary order relating to parenting shall file and serve a proposed temporary parenting plan by motion. The other parent, if contesting the proposed temporary parenting plan, shall file and serve a responsive proposed parenting plan. Either parent may move to have a proposed temporary parenting plan entered as part of […]
(a) After considering the proposed temporary parenting plan filed pursuant to 48-9-203 of this code and other relevant evidence presented, the court shall make a temporary parenting plan that is in the best interest of the child, which shall be in writing and contain specific findings of fact upon which the court bases its determinations. […]
(a) A party seeking a judicial allocation of custodial responsibility or decision-making responsibility under this article shall file a proposed parenting plan with the court. Parties may file a joint plan. A proposed plan shall be verified and shall state, to the extent known or reasonably discoverable by the filing party or parties: (1) The […]
(a) Unless otherwise resolved by agreement of the parents under 48-9-201 of this code or unless harmful to the child, the court shall allocate custodial responsibility so that, except to the extent required under 48-9-209 of this code, the custodial time the child spends with each parent shall be equal (50-50). (b) The court shall […]
(a) Unless otherwise resolved by agreement of the parents under 48-9-201 of this code, the court shall allocate responsibility for making significant life decisions on behalf of the child, including the childs education and health care, to one parent or to both parents jointly, in accordance with the childs best interest, in light of the […]
(a) If provisions for resolving parental disputes are not ordered by the court pursuant to a parenting agreement in 48-9-201 of this code, the court shall order a method of resolving disputes that serves the childs best interest in light of: (1) The parents wishes and the stability of the child;
When entering an order approving or implementing a temporary or permanent parenting plan order, including custodial allocation, the court shall consider whether a parent: (1) Has abused, neglected, or abandoned a child, as defined by state law;
§48-9-209a. Child conceived as result of sexual assault or sexual abuse by a parent; rights of a biological parent convicted of sexual assault or abuse; post-conviction cohabitation; rebuttable presumption upon separation or divorce. (a) Except as otherwise provided in this section, if a child custodial responsibility or parenting time dispute involves a child who is […]
48-9-301. Court-ordered investigation. (a) In its discretion, the court may order a written investigation and report to assist it in determining any issue relevant to proceedings under this article: Provided, That the court must serve notice to all parties of the courts order. The investigation and report may be made by the guardian ad litem, […]
(a) If allegations of child abuse are made during a child custody proceeding and the court has concerns regarding the child’s safety, the court may take any reasonable, temporary steps as the court, in its discretion, considers appropriate under the circumstances to protect the child’s safety until an investigation can be completed. Nothing in this […]
(a) In its discretion, the court may appoint a guardian ad litem to represent the child's best interests. The court shall specify the terms of the appointment, including the guardian's role, duties and scope of authority. (b) In its discretion, the court may appoint a lawyer to represent the child, if the child is competent […]
The court, in its discretion, may interview the child in chambers or direct another person to interview the child, in order to obtain information relating to the issues of the case. The interview shall be conducted in accordance with rule 16 of the rules of practice and procedure for family law, as promulgated by the […]
