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
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 […]
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
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
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 […]
Effective 7/1/2017 78B-20-306. Grant of caretaking or decision-making authority to nonparent. (1) On motion of a deploying parent and in accordance with the law of this state other than this chapter, if it is in the best interest of the child a court may grant caretaking authority to a nonparent who is an adult family […]
Effective 7/1/2017 78B-20-307. Grant of limited contact. On motion of a deploying parent, and in accordance with the law of this state other than this chapter, unless the court finds that the contact would be contrary to the best interest of the child, a court shall grant limited contact to a nonparent who is a […]
Effective 7/1/2017 78B-20-308. Nature of authority created by temporary custody order. (1) A grant of authority under this part is temporary and terminates under Part 4, Return from Deployment, after the return from deployment of the deploying parent, unless the grant has been terminated before that time by court order. The grant may not create […]
Effective 7/1/2017 78B-20-309. Content of temporary custody order. (1) An order granting custodial responsibility under this part shall: (a) designate the order as temporary; and (b) identify to the extent feasible the destination, duration, and conditions of the deployment. (2) If applicable, an order for custodial responsibility under this part shall: (a) specify the allocation […]
Effective 7/1/2017 78B-20-310. Order for child support. If a court has issued an order granting caretaking authority under this part, or an agreement granting caretaking authority has been executed under Part 2, Agreement Addressing Custodial Responsibility During Deployment, the court may enter a temporary order for child support consistent with the law of this state […]
Effective 5/4/2022 78B-20-311. Modifying or terminating grant of custodial responsibility to nonparent. (1) Except for an order under Section 78B-20-305, except as otherwise provided in Subsection (2), and consistent with Section 39A-6-105 and the Servicemembers Civil Relief Act, 50 U.S.C. Appendix Sections 521 and 522, on motion of a deploying parent, other parent, or any […]
