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 this state other than this chapter for modifying a judicial order regarding custodial responsibility; and

• (2) the court shall enforce a prior written agreement between the parents for designating custodial responsibility in the event of deployment, including an agreement executed under Part 2, Agreement Addressing Custodial Responsibility During Deployment, unless the court finds that the agreement is contrary to the best interest of the child.

Enacted by Chapter 292, 2016 General Session