Utah Code § 81-9-208 — Utah Code / Title 81 / Chapter 81-9 / § 81-9-208
§ 81-9-208. Modification or termination of a custody or parent-time order -- Noncompliance with a parent-time order. -- Denial of access due to investigation.
Status: in_force

5/5/2027 (1) The court has continuing jurisdiction to make subsequent changes to modify: (a) custody of a minor child if there is a showing of a substantial and material change in circumstances since the entry of the order; and (b) parent-time for a minor child if there is a showing that there is a change in circumstances since the entry of the order. (2) A substantial and material change in circumstances under Subsection (1)(a) includes a showing by a parent that the other parent: (a) resides with an individual or provides an individual with access to the minor child; and (b) knows that the individual: (i) is required to register as a sex offender, a kidnap offender, or a child abuse offender for an offense committed against a minor child under Title 53, Chapter 29, Sex, Kidnap, and Child Abuse Offender Registry; or (ii) has been convicted of an offense described in: (A) Section 76-5-109, child abuse; (B) Section 76-6-109.2, aggravated child abuse; (C) Section 76-5-109.3, child abandonment; (D) Section 76-5-109.4, child torture; (E) Section 76-5-114, commission of domestic violence in the presence of a child; (F) Section 76-5-208, child abuse homicide; (G) Title 76, Chapter 5, Part 3, Kidnapping, Trafficking, and Smuggling, for which the victim was younger than 18 years old; or (H) Title 76, Chapter 5, Part 4, Sexual Offenses, for which the victim was younger than 18 years old; (I) Title 76, Chapter 5b, Sexual Exploitation Act, for which the victim was younger than 18 years old; or (iii) has been convicted of an offense that is substantially similar to an offense under Subsection (2)(b)(ii). (3) (a) For a custody order that is entered on or after May 6, 2026, a minor child turning five years old constitutes a substantial and material change in circumstances under Subsection (1)(a), unless the order addresses custody of the minor child upon the minor child turning five years old. (b) For a parent-time order that is entered on or after May 6, 2026, a minor child turning five years old constitutes a change in circumstances under Subsection (1)(b), unless the order addresses parent-time for the minor child upon the minor child turning five years old. (4) On the petition of one or both of the parents, or the joint legal or physical custodians if they are not the parents, the court may, after a hearing, modify or terminate an order that established joint legal custody or joint physical custody if: (a) the verified petition or accompanying affidavit initially alleges that admissible evidence will show that there has been a substantial and material change in the circumstances of the minor child or one or both parents or joint legal or physical custodians since the entry of the order to be modified; (b) a modification of the terms and conditions of the order would be an improvement for and in the best interest of the minor child; and (c) (i) both parents have complied in good faith with the dispute resolution procedure in accordance with Subsection 81-9-205(8); or (ii) if no dispute resolution procedure is contained in the order that established joint legal custody or joint physical custody, the court orders the parents to participate in a dispute resolution procedure in accordance with Subsection 81-9-205(13) unless the parents certify that, in good faith, they have used a dispute resolution procedure to resolve their dispute. (5) (a) In determining whether the best interest of a minor child will be served by either modifying or terminating the joint legal custody or joint physical custody order, the court shall, in addition to other factors the court considers relevant, consider the factors described in Sections 81-9-204 and 81-9-205. (b) A court order modifying or terminating an existing joint legal custody or joint physical custody order shall contain written findings that: (i) a substantial and material change of circumstance has occurred; and (ii) a modification of the terms and conditions of the order would be an improvement for and in the best interest of the minor child. (c) The court shall give substantial weight to the existing joint legal custody or joint physical custody order when the minor child is thriving, happy, and well-adjusted. (6) The court shall, in every case regarding a petition for termination of a joint legal custody or joint physical custody order, consider reasonable alternatives to preserve the existing order in accordance with Section 81-9-204. (7) The court may modify the terms and conditions of the existing order in accordance with this chapter and may order the parents to file a parenting plan in accordance with Section 81-9-203. (8) A parent requesting a modification from sole custody to joint legal custody or joint physical custody or both, or any other type of shared parenting arrangement, shall file and serve a proposed parenting plan with the petition to modify in accordance with Section 81-9-203. (9) If an issue before the court involves custodial responsibility in the event of deployment of one or both parents who are service members, and the service member has not yet been notified of deployment, the court shall resolve the issue based on the standards in Sections 81-10-306 through 81-10-309. (10) If the court finds that an action to modify custody or parent-time is filed or answered frivolously and, in a manner, designed to harass the other party, the court shall assess attorney fees as costs against the offending party. (11) If a petition to modify custody or parent-time provisions of a court order is made and denied, the court shall order the petitioner to pay the reasonable attorney fees expended by the prevailing party in that action if the court determines that the petition was without merit and not asserted or defended against in good faith. (12) If a motion or petition alleges noncompliance with a parent-time order by a parent, or a visitation order by a grandparent or other member of the immediate family where a visitation or parent-time right has been previously granted by the court, the court: (a) may award to the prevailing party: (i) actual attorney fees incurred; (ii) the costs incurred by the prevailing party because of the other party's failure to provide or exercise court-ordered visitation or parent-time, including: (A) court costs; (B) child care expenses; (C) transportation expenses actually incurred; (D) lost wages, if ascertainable; or (E) counseling for a parent or a minor child if ordered or approved by the court; or (iii) any other appropriate equitable remedy; and (b) shall award reasonable make-up parent-time to the prevailing party, unless make-up parent-time is not in the best interest of the minor child. (13) (a) Except as provided in Subsection (13)(b), the court shall award make-up parent-time to a parent, upon a motion or petition from the parent, if: (i) the parent was denied parent-time with a minor child due to an investigation by the Division of Child and Family Services and the investigation did not result in a finding of abuse, neglect, or dependency; or (ii) (A) the parent can show that a court determined the other parent knowingly falsified a material statement or material information during a protective order proceeding as described in Section 78B-7-208 and the court dismissed the underlying protective order on the merits after providing the parties to the protective order with notice and an opportunity to be heard; (B) the parent lost parent-time as a result of the other parent's falsification of a material statement or material information during the protective order proceeding; and (C) there has not been a finding of abuse or neglect against the parent. (b) A court may deny a motion or petition for make-up parent-time based on Subsection (13)(a)(i) if: (i) the parent did not diligently exercise parent-time with the child before the investigation by the Division of Child and Family Services; or (ii) a party shows good cause for denying the motion or petition. (c) When a court orders make-up parent-time under this Subsection (13): (i) the court shall order: (A) parent-time that is the same type and duration of the parent-time that was denied; and (B) that the make-up parent-time occur within two years from the day on which the court enters the order for make-up parent-time; and (ii) the court may include weekend or holiday parent-time or extended parent-time that was denied to the parent. (d) This Subsection (13) does not create a right of action against the Division of Child and Family Services.5/5/2027 (1) The court has continuing jurisdiction to make subsequent changes to modify: (a) custody of a minor child if there is a showing of a substantial and material change in circumstances since the entry of the order; and (b) parent-time for a minor child if there is a showing that there is a change in circumstances since the entry of the order. (2) A substantial and material change in circumstances under Subsection (1)(a) includes a showing by a parent that the other parent: (a) resides with an individual or provides an individual with access to the minor child; and (b) knows that the individual: (i) is required to register as a sex offender, a kidnap offender, or a child abuse offender for an offense committed against a minor child under Title 53, Chapter 29, Sex, Kidnap, and Child Abuse Offender Registry; or (ii) has been convicted of an offense described in: (A) Section 76-5-109, child abuse; (B) Section 76-6-109.2, aggravated child abuse; (C) Section 76-5-109.3, child abandonment; (D) Section 76-5-109.4, child torture; (E) Section 76-5-114, commission of domestic violence in the presence of a child; (F) Section 76-5-208, child abuse homicide; (G) Title 76, Chapter 5, Part 3, Kidnapping, Trafficking, and Smuggling, for which the victim was younger than 18 years old; or (H) Title 76, Chapter 5, Part 4, Sexual Offenses, for which the victim was younger than 18 years old; (I) Title 76, Chapter 5b, Sexual Exploitation Act, for which the victim was younger than 18 years old; or (iii) has been convicted of an offense that is substantially similar to an offense under Subsection (2)(b)(ii). (3) (a) For a custody order that is entered on or after May 6, 2026, a minor child turning five years old constitutes a substantial and material change in circumstances under Subsection (1)(a), unless the order addresses custody of the minor child upon the minor child turning five years old. (b) For a parent-time order that is entered on or after May 6, 2026, a minor child turning five years old constitutes a change in circumstances under Subsection (1)(b), unless the order addresses parent-time for the minor child upon the minor child turning five years old. (4) On the petition of one or both of the parents, or the joint legal or physical custodians if they are not the parents, the court may, after a hearing, modify or terminate an order that established joint legal custody or joint physical custody if: (a) the verified petition or accompanying affidavit initially alleges that admissible evidence will show that there has been a substantial and material change in the circumstances of the minor child or one or both parents or joint legal or physical custodians since the entry of the order to be modified; (b) a modification of the terms and conditions of the order would be an improvement for and in the best interest of the minor child; and (c) (i) both parents have complied in good faith with the dispute resolution procedure in accordance with Subsection 81-9-205(8); or (ii) if no dispute resolution procedure is contained in the order that established joint legal custody or joint physical custody, the court orders the parents to participate in a dispute resolution procedure in accordance with Subsection 81-9-205(13) unless the parents certify that, in good faith, they have used a dispute resolution procedure to resolve their dispute. (5) (a) In determining whether the best interest of a minor child will be served by either modifying or terminating the joint legal custody or joint physical custody order, the court shall, in addition to other factors the court considers relevant, consider the factors described in Sections 81-9-204 and 81-9-205. (b) A court order modifying or terminating an existing joint legal custody or joint physical custody order shall contain written findings that: (i) a substantial and material change of circumstance has occurred; and (ii) a modification of the terms and conditions of the order would be an improvement for and in the best interest of the minor child. (c) The court shall give substantial weight to the existing joint legal custody or joint physical custody order when the minor child is thriving, happy, and well-adjusted. (6) The court shall, in every case regarding a petition for termination of a joint legal custody or joint physical custody order, consider reasonable alternatives to preserve the existing order in accordance with Section 81-9-204. (7) The court may modify the terms and conditions of the existing order in accordance with this chapter and may order the parents to file a parenting plan in accordance with Section 81-9-203. (8) A parent requesting a modification from sole custody to joint legal custody or joint physical custody or both, or any other type of shared parenting arrangement, shall file and serve a proposed parenting plan with the petition to modify in accordance with Section 81-9-203. (9) If an issue before the court involves custodial responsibility in the event of deployment of one or both parents who are service members, and the service member has not yet been notified of deployment, the court shall resolve the issue based on the standards in Sections 81-10-306 through 81-10-309. (10) If the court finds that an action to modify custody or parent-time is filed or answered frivolously and, in a manner, designed to harass the other party, the court shall assess attorney fees as costs against the offending party. (11) If a petition to modify custody or parent-time provisions of a court order is made and denied, the court shall order the petitioner to pay the reasonable attorney fees expended by the prevailing party in that action if the court determines that the petition was without merit and not asserted or defended against in good faith. (12) If a motion or petition alleges noncompliance with a parent-time order by a parent, or a visitation order by a grandparent or other member of the immediate family where a visitation or parent-time right has been previously granted by the court, the court: (a) may award to the prevailing party: (i) actual attorney fees incurred; (ii) the costs incurred by the prevailing party because of the other party's failure to provide or exercise court-ordered visitation or parent-time, including: (A) court costs; (B) child care expenses; (C) transportation expenses actually incurred; (D) lost wages, if ascertainable; or (E) counseling for a parent or a minor child if ordered or approved by the court; or (iii) any other appropriate equitable remedy; and (b) shall award reasonable make-up parent-time to the prevailing party, unless make-up parent-time is not in the best interest of the minor child. (13) (a) Except as provided in Subsection (13)(b), the court shall award make-up parent-time to a parent, upon a motion or petition from the parent, if: (i) the parent was denied parent-time with a minor child due to an investigation by the Division of Child and Family Services and the investigation did not result in a finding of abuse, neglect, or dependency; or (ii) (A) the parent can show that a court determined the other parent knowingly falsified a material statement or material information during a protective order proceeding as described in Section 78B-7-208 and the court dismissed the underlying protective order on the merits after providing the parties to the protective order with notice and an opportunity to be heard; (B) the parent lost parent-time as a result of the other parent's falsification of a material statement or material information during the protective order proceeding; and (C) there has not been a finding of abuse or neglect against the parent. (b) A court may deny a motion or petition for make-up parent-time based on Subsection (13)(a)(i) if: (i) the parent did not diligently exercise parent-time with the child before the investigation by the Division of Child and Family Services; or (ii) a party shows good cause for denying the motion or petition. (c) When a court orders make-up parent-time under this Subsection (13): (i) the court shall order: (A) parent-time that is the same type and duration of the parent-time that was denied; and (B) that the make-up parent-time occur within two years from the day on which the court enters the order for make-up parent-time; and (ii) the court may include weekend or holiday parent-time or extended parent-time that was denied to the parent. (d) This Subsection (13) does not create a right of action against the Division of Child and Family Services.5/5/2027 (1) The court has continuing jurisdiction to make subsequent changes to modify: (a) custody of a minor child if there is a showing of a substantial and material change in circumstances since the entry of the order; and (b) parent-time for a minor child if there is a showing that there is a change in circumstances since the entry of the order. (2) A substantial and material change in circumstances under Subsection (1)(a) includes a showing by a parent that the other parent: (a) resides with an individual or provides an individual with access to the minor child; and (b) knows that the individual: (i) is required to register as a sex offender, a kidnap offender, or a child abuse offender for an offense committed against a minor child under Title 53, Chapter 29, Sex, Kidnap, and Child Abuse Offender Registry; or (ii) has been convicted of an offense described in: (A) Section 76-5-109, child abuse; (B) Section 76-6-109.2, aggravated child abuse; (C) Section 76-5-109.3, child abandonment; (D) Section 76-5-109.4, child torture; (E) Section 76-5-114, commission of domestic violence in the presence of a child; (F) Section 76-5-208, child abuse homicide; (G) Title 76, Chapter 5, Part 3, Kidnapping, Trafficking, and Smuggling, for which the victim was younger than 18 years old; or (H) Title 76, Chapter 5, Part 4, Sexual Offenses, for which the victim was younger than 18 years old; (I) Title 76, Chapter 5b, Sexual Exploitation Act, for which the victim was younger than 18 years old; or (iii) has been convicted of an offense that is substantially similar to an offense under Subsection (2)(b)(ii). (3) (a) For a custody order that is entered on or after May 6, 2026, a minor child turning five years old constitutes a substantial and material change in circumstances under Subsection (1)(a), unless the order addresses custody of the minor child upon the minor child turning five years old. (b) For a parent-time order that is entered on or after May 6, 2026, a minor child turning five years old constitutes a change in circumstances under Subsection (1)(b), unless the order addresses parent-time for the minor child upon the minor child turning five years old. (4) On the petition of one or both of the parents, or the joint legal or physical custodians if they are not the parents, the court may, after a hearing, modify or terminate an order that established joint legal custody or joint physical custody if: (a) the verified petition or accompanying affidavit initially alleges that admissible evidence will show that there has been a substantial and material change in the circumstances of the minor child or one or both parents or joint legal or physical custodians since the entry of the order to be modified; (b) a modification of the terms and conditions of the order would be an improvement for and in the best interest of the minor child; and (c) (i) both parents have complied in good faith with the dispute resolution procedure in accordance with Subsection 81-9-205(8); or (ii) if no dispute resolution procedure is contained in the order that established joint legal custody or joint physical custody, the court orders the parents to participate in a dispute resolution procedure in accordance with Subsection 81-9-205(13) unless the parents certify that, in good faith, they have used a dispute resolution procedure to resolve their dispute. (5) (a) In determining whether the best interest of a minor child will be served by either modifying or terminating the joint legal custody or joint physical custody order, the court shall, in addition to other factors the court considers relevant, consider the factors described in Sections 81-9-204 and 81-9-205. (b) A court order modifying or terminating an existing joint legal custody or joint physical custody order shall contain written findings that: (i) a substantial and material change of circumstance has occurred; and (ii) a modification of the terms and conditions of the order would be an improvement for and in the best interest of the minor child. (c) The court shall give substantial weight to the existing joint legal custody or joint physical custody order when the minor child is thriving, happy, and well-adjusted. (6) The court shall, in every case regarding a petition for termination of a joint legal custody or joint physical custody order, consider reasonable alternatives to preserve the existing order in accordance with Section 81-9-204. (7) The court may modify the terms and conditions of the existing order in accordance with this chapter and may order the parents to file a parenting plan in accordance with Section 81-9-203. (8) A parent requesting a modification from sole custody to joint legal custody or joint physical custody or both, or any other type of shared parenting arrangement, shall file and serve a proposed parenting plan with the petition to modify in accordance with Section 81-9-203. (9) If an issue before the court involves custodial responsibility in the event of deployment of one or both parents who are service members, and the service member has not yet been notified of deployment, the court shall resolve the issue based on the standards in Sections 81-10-306 through 81-10-309. (10) If the court finds that an action to modify custody or parent-time is filed or answered frivolously and, in a manner, designed to harass the other party, the court shall assess attorney fees as costs against the offending party. (11) If a petition to modify custody or parent-time provisions of a court order is made and denied, the court shall order the petitioner to pay the reasonable attorney fees expended by the prevailing party in that action if the court determines that the petition was without merit and not asserted or defended against in good faith. (12) If a motion or petition alleges noncompliance with a parent-time order by a parent, or a visitation order by a grandparent or other member of the immediate family where a visitation or parent-time right has been previously granted by the court, the court: (a) may award to the prevailing party: (i) actual attorney fees incurred; (ii) the costs incurred by the prevailing party because of the other party's failure to provide or exercise court-ordered visitation or parent-time, including: (A) court costs; (B) child care expenses; (C) transportation expenses actually incurred; (D) lost wages, if ascertainable; or (E) counseling for a parent or a minor child if ordered or approved by the court; or (iii) any other appropriate equitable remedy; and (b) shall award reasonable make-up parent-time to the prevailing party, unless make-up parent-time is not in the best interest of the minor child. (13) (a) Except as provided in Subsection (13)(b), the court shall award make-up parent-time to a parent, upon a motion or petition from the parent, if: (i) the parent was denied parent-time with a minor child due to an investigation by the Division of Child and Family Services and the investigation did not result in a finding of abuse, neglect, or dependency; or (ii) (A) the parent can show that a court determined the other parent knowingly falsified a material statement or material information during a protective order proceeding as described in Section 78B-7-208 and the court dismissed the underlying protective order on the merits after providing the parties to the protective order with notice and an opportunity to be heard; (B) the parent lost parent-time as a result of the other parent's falsification of a material statement or material information during the protective order proceeding; and (C) there has not been a finding of abuse or neglect against the parent. (b) A court may deny a motion or petition for make-up parent-time based on Subsection (13)(a)(i) if: (i) the parent did not diligently exercise parent-time with the child before the investigation by the Division of Child and Family Services; or (ii) a party shows good cause for denying the motion or petition. (c) When a court orders make-up parent-time under this Subsection (13): (i) the court shall order: (A) parent-time that is the same type and duration of the parent-time that was denied; and (B) that the make-up parent-time occur within two years from the day on which the court enters the order for make-up parent-time; and (ii) the court may include weekend or holiday parent-time or extended parent-time that was denied to the parent. (d) This Subsection (13) does not create a right of action against the Division of Child and Family Services.
Utah Code § 81-10-311 — Utah Code / Title 81 / Chapter 81-10 / § 81-10-311
§ 81-10-311. Modifying or terminating grant of custodial responsibility to nonparent.
Status: in_force

(1) (a) Except for an order under Section 81-10-305, 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 nonparent to whom caretaking authority, decision-making authority, or limited contact has been granted, the court may modify or terminate the grant if the modification or termination is consistent with this part and it is in the best interest of the child. (b) A modification is temporary and terminates in accordance with Part 4, Return from Deployment, after the deploying parent returns from deployment, unless the grant has been terminated before that time by court order. (2) On motion of a deploying parent, the court shall terminate a grant of limited contact.
Utah Code § 81-10-101 — Utah Code / Title 81 / Chapter 81-10 / § 81-10-101
§ 81-10-101. Definitions for chapter.
Status: in_force

As used in this chapter: (1) "Adult" means an individual who is at least 18 years old or is an emancipated minor child. (2) (a) "Caretaking authority" means the right to live with and care for a child on a day-to-day basis. (b) "Caretaking authority" includes physical custody, parent-time, right to access, and visitation. (3) "Child" means: (a) a minor child; or (b) an adult son or daughter by birth or adoption, or under the law of this state other than this chapter, who is the subject of a court order concerning custodial responsibility. (4) "Court" means a tribunal, including an administrative agency, authorized under the law of this state other than this chapter to make, enforce, or modify a decision regarding custodial responsibility. (5) (a) "Custodial responsibility" includes all powers and duties relating to caretaking authority and decision-making authority for a child. (b) "Custodial responsibility" includes physical custody, legal custody, parent-time, right to access, visitation, and authority to grant limited contact with a child. (6) (a) "Decision-making authority" means the power to make important decisions regarding a child, including decisions regarding the child's education, religious training, health care, extracurricular activities, and travel. (b) "Decision-making authority" does not include the power to make decisions that necessarily accompany a grant of caretaking authority. (7) "Deploying parent" means a service member who is deployed or has been notified of impending deployment and is: (a) a parent of a child under the law of this state other than this chapter; or (b) an individual who has custodial responsibility for a child under the law of this state other than this chapter. (8) "Deployment" means the movement or mobilization of a service member for more than 90 days but less than 18 months pursuant to uniformed service orders that: (a) are designated as unaccompanied; (b) do not authorize dependent travel; or (c) otherwise do not permit the movement of family members to the location to which the service member is deployed. (9) "Family care plan" means a formal written contingency plan mandated by regulation of the various departments and components of the uniformed service that requires certain service member parents of minor children to plan in advance for the smooth, rapid transfer of parental responsibilities to designees during the absence of the service member due to death, incapacity, short-term absences, long-term absences, including deployments, or noncombatant evacuation operations. (10) "Family member" means a sibling, aunt, uncle, cousin, stepparent, or grandparent of a child, or an individual recognized to be in a familial relationship with a child under the law of this state other than this chapter. (11) (a) "Limited contact" means the authority of a nonparent to visit a child for a limited time. (b) "Limited contact" includes authority to take the child to a place other than the residence of the child. (12) "Nonparent" means an individual other than a deploying parent or other parent. (13) "Other parent" means an individual who, in common with a deploying parent, is: (a) a parent of a child under the law of this state other than this chapter; or (b) an individual who has custodial responsibility for a child under the law of this state other than this chapter. (14) "Record" means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form. (15) "Return from deployment" means the conclusion of a service member's deployment as specified in uniformed service orders. (16) " Service member" means a member of a uniformed service. (17) "Sign" means, with present intent to authenticate or adopt a record: (a) to execute or adopt a tangible symbol; or (b) to attach to or logically associate with the record an electronic symbol, sound, or process. (18) "State" means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States. (19) "Uniformed service" means: (a) active and reserve components of the United States armed forces; (b) the United States Merchant Marine; (c) the commissioned corps of the United States Public Health Service; (d) the commissioned corps of the National Oceanic and Atmospheric Administration of the United States; or (e) the National Guard of a state.
Utah Code § 81-14-306 — Utah Code / Title 81 / Chapter 81-14 / § 81-14-306
§ 81-14-306. Information about financial assistance and support services.
Status: in_force

On request of a minor child who was placed for adoption or the minor child's adoptive parent, the child-placing agency placing the minor child or the Division of Child and Family Services shall provide information about how to obtain financial assistance or support services: (1) to assist the minor child or parent to respond effectively to adjustment, behavioral, and other challenges; and (2) to help preserve the placement or adoption.
Utah Code § 81-8-505 — Utah Code / Title 81 / Chapter 81-8 / § 81-8-505
§ 81-8-505. Penalties for noncompliance.
Status: in_force

An employer that willfully fails to comply with an income withholding order issued in another state and received for enforcement is subject to the same penalties that may be imposed for noncompliance with an order issued by a tribunal of this state.
Utah Code § 81-11-302 — Utah Code / Title 81 / Chapter 81-11 / § 81-11-302
§ 81-11-302. Scope -- Hague Convention Enforcement.
Status: in_force

This chapter may be invoked to enforce: (1) a child custody determination; and (2) an order for the return of the minor child made under the Hague Convention on the Civil Aspects of International Child Abduction.
Utah Code § 81-5-702 — Utah Code / Title 81 / Chapter 81-5 / § 81-5-702
§ 81-5-702. Parental status of donor.
Status: in_force

A donor is not a parent of a child conceived by means of assisted reproduction.
Utah Code § 81-9-101 — Utah Code / Title 81 / Chapter 81-9 / § 81-9-101
§ 81-9-101. Definitions for chapter.
Status: in_force

As used in this chapter: (1) "Abuse" means the same as that term is defined in Section 80-1-102. (2) (a) "Coercive control" means an individual's pattern of behavior that, intentionally or in effect, unreasonably interferes with another individual's ability to make or act on independent decisions. (b) "Coercive control" includes a pattern of: (i) isolating another individual from friends, relatives, or sources of support; (ii) depriving another individual of basic necessities; (iii) controlling, regulating, or excessively monitoring another individual's movements, communications, daily behavior, or access to services; (iv) controlling, regulating, excessively monitoring, depriving, or limiting another individual's finances, access to finances, or economic resources; (v) threatening to harm or kill another individual, a relative of the individual, or a household animal that is owned or kept by the individual; (vi) threatening self-harm if another individual does not comply with the individual's demands; (vii) threatening to publish information with the intent to harass or intimidate another individual; (viii) damaging property or household goods; or (ix) compelling another individual by force, threat of force, or intimidation to: (A) engage in conduct from which the other individual has a right to abstain; or (B) abstain from conduct in which the other individual has a right to engage. (c) "Coercive control" does not include reasonable and appropriate parental conduct undertaken in the care of a minor child. (3) (a) "Custodial responsibility" means all powers and duties relating to caretaking authority and decision-making authority for a minor child. (b) "Custodial responsibility" includes physical custody, legal custody, parenting time, right to access, parent-time, and authority to grant limited contact with a minor child. (4) "Domestic violence" means the same as that term is defined in Section 77-36-1. (5) "Gender identity" means the same as that term is defined in Section 34A-5-102. (6) "Household animal" means the same as that term is defined in Section 78B-7-102. (7) "Joint legal custody" means the sharing of the rights, privileges, duties, and powers of a parent by both parents, where specified. (8) "Joint physical custody" means the minor child stays with each parent overnight for more than 30% of the year and both parents contribute to the expenses of the minor child in addition to paying child support. (9) (a) "Parenting functions" means those aspects of the parent-child relationship in which the parent makes decisions and performs functions necessary for the care and growth of the minor child. (b) "Parenting functions" include: (i) maintaining a loving, stable, consistent, and nurturing relationship with the minor child; (ii) attending to the daily needs of the minor child, such as feeding, clothing, physical care, grooming, supervision, health care, day care, and engaging in other activities which are appropriate to the developmental level of the minor child and that are within the social and economic circumstances of the particular family; (iii) attending to adequate education for the minor child, including remedial or other education essential to the best interest of the minor child; (iv) assisting the minor child in developing and maintaining appropriate interpersonal relationships; (v) exercising appropriate judgment regarding the minor child's welfare, consistent with the minor child's developmental level and family social and economic circumstances; and (vi) providing for the financial support of the minor child. (10) (a) "Parenting plan" means a plan for parenting a minor child. (b) "Parenting plan" includes the allocation of parenting functions that are incorporated in any final decree or decree of modification including an action for dissolution of marriage, annulment, legal separation, or paternity. (11) "Protective order" means: (a) a civil protective order, as that term is defined in Section 78B-7-102; (b) an ex parte civil protective order, as that term is defined in Section 78B-7-102; or (c) a foreign protection order, as that term is defined in Section 78B-7-302. (12) "Psychological maltreatment" means a repeated pattern or extreme incident of caretaker behavior that: (a) intentionally thwarts a minor child's basic psychological needs, including physical and psychological safety, cognitive stimulation, and respect; (b) conveys that a minor child is worthless, defective, or expendable; and (c) may terrorize a minor child. (13) "Service member" means a member of a uniformed service. (14) "Sexual abuse" means the same as that term is defined in Section 80-1-102. (15) "Supervised parent-time" means parent-time that requires the noncustodial parent to be accompanied during parent-time by an individual approved by the court. (16) "Surrogate care" means care by any individual other than the parent of the minor child. (17) "Uniformed service" means: (a) active and reserve components of the United States Armed Forces; (b) the United States Merchant Marine; (c) the commissioned corps of the United States Public Health Service; (d) the commissioned corps of the National Oceanic and Atmospheric Administration of the United States; or (e) the National Guard of a state. (18) "Uninterrupted time" means parent-time exercised by one parent without interruption at any time by the presence of the other parent. (19) "Virtual parent-time" means parent-time facilitated by tools such as telephone, email, instant messaging, video conferencing, and other wired or wireless technologies over the internet or other communication media, to supplement in-person visits between a noncustodial parent and a minor child or between a minor child and the custodial parent when the minor child is staying with the noncustodial parent.
Utah Code § 81-5-405 — Utah Code / Title 81 / Chapter 81-5 / § 81-5-405
§ 81-5-405. Furnishing of information -- Confidentiality.
Status: in_force

(1) (a) The Office of Vital Records and Statistics shall send a copy of the filing to a person or entity described in Subsection (2), who has requested a copy. (b) The copy of the filing shall be sent to the most recent address provided by the requestor. (2) Information contained in records that are filed pursuant to Section 81-5-401 is confidential and may be released on request only to: (a) a tribunal or a person designated by the tribunal; (b) the birth mother of the child who is the subject of the filing; (c) an agency authorized by other law to receive the information; (d) a licensed child-placing agency; (e) the Office of Recovery Services, the Office of the Attorney General, or a child support services agency of another state or tribe; (f) a party or the party's attorney of record in a proceeding under this chapter or in a proceeding for adoption of, or for termination of parental rights regarding, a child who is the subject of the filing; and (g) the registry of parentage in another state.
Utah Code § 81-5-708 — Utah Code / Title 81 / Chapter 81-5 / § 81-5-708
§ 81-5-708. Access to identifying information and medical history.
Status: in_force

(1) A person conceived through assisted reproduction who is at least 18 years old shall be provided, upon the person's request, access to the nonidentifying medical history of the donor who assisted in the reproduction process that resulted in the person's birth. (2) Under no circumstance may a person who donated to a fertility clinic for the purpose of assisted reproduction be liable for financial support to the child conceived through assisted reproduction or the child's parent. (3) Except as provided in this section, a donor's request to remain anonymous shall be given full deference.
Utah Code § 81-13-212 — Utah Code / Title 81 / Chapter 81-13 / § 81-13-212
§ 81-13-212. Necessary consent to adoption or relinquishment for adoption of a minor child -- Implied consent.
Status: in_force

(1) Except as provided in Subsection (2), the following persons are required to consent to an adoption of a minor child, or to relinquishment of a minor child, before an adoption of the minor child is granted: (a) if the child adoptee is 12 years old or older, the child adoptee unless the child adoptee does not have the mental capacity to consent; (b) a man or woman who: (i) by operation of law under Section 81-5-201, is recognized as the father or mother of the proposed adoptee, unless: (A) the presumption is rebutted under Section 81-5-607; (B) at the time of the marriage, the man or woman knew or reasonably should have known that the marriage to the mother of the proposed child adoptee was or could be declared invalid; or (C) the man or woman was not married to the mother of the proposed child adoptee until after the mother consented to adoption, or relinquishment for adoption, of the proposed child adoptee; or (ii) is the parent of the child adoptee by a previous legal adoption; (c) the birth mother of the child adoptee; (d) an individual who has been adjudicated to be the child adoptee's parent by a court with jurisdiction before the birth mother's execution of consent to adoption or the birth mother's relinquishment of the child adoptee for adoption; (e) consistent with Subsection (3), an individual who has executed and filed a voluntary declaration of paternity with the office in accordance with Chapter 5, Uniform Parentage Act, before the birth mother's execution of consent to adoption or the birth mother's relinquishment of the child adoptee for adoption; (f) an unmarried biological father of the child adoptee, whose consent is not required under Subsection (1)(d) or (1)(e), only if the unmarried biological father fully and strictly complies with the requirements of Section 81-13-213; and (g) the person or agency to whom an adoptee has been relinquished and that is placing the child adoptee for adoption. (2) The consent or relinquishment of an individual described in Subsections (1)(b) through (f) is not required if the individual's parental rights relating to the child adoptee have been terminated by a court. (3) For purposes of Subsection (1)(e), a voluntary declaration of paternity is considered filed when the voluntary declaration is entered into a database that: (a) can be accessed by the Department of Health and Human Services; and (b) is designated by the office as the official database for voluntary declarations of paternity. (4) (a) Except as provided in Subsection (4)(b), a person described in Subsection (1) may execute a consent or relinquishment at any time, including before the birth of the child adoptee. (b) A birth mother may not consent to the adoption of the child adoptee, or relinquish control or custody of the child adoptee, until at least 24 hours after the birth of the child adoptee. (c) A child adoptee may not execute a consent to an adoption until the child adoptee is at least 12 years old. (5) (a) A birth parent who is younger than 18 years old has the power to: (i) consent to the adoption of the birth parent's minor child; and (ii) relinquish the birth parent's control or custody of the minor child for adoption. (b) The consent or relinquishment described in Subsection (5)(a) is valid and has the same force and effect as a consent or relinquishment executed by a birth parent who is an adult. (c) A birth parent, who is younger than 18 years old and has executed a consent or relinquishment, cannot revoke that consent or relinquishment upon reaching 18 years old or otherwise becoming emancipated. (6) (a) A birth parent may revoke the birth parent's consent or relinquishment for any reason within 72 hours after the birth parent consents or relinquishes the child adoptee. (b) A birth parent may waive in writing the revocation period described in Subsection (6)(a). (c) A birth parent may revoke the birth parent's consent or relinquishment before a final decree of adoption has been entered if a court determines that the consent or relinquishment was given under duress, fraud, or undue influence by the child-placing agency. (d) A birth parent may not sign a consent or relinquishment while under the effects of anesthesia or medication that impacts the birth parent's ability to think clearly. (e) Subsections (6)(a) through (d) does not apply to a voluntary relinquishment that is executed in juvenile court in accordance with Section 80-4-307. (7) (a) As used in this Subsection (7): (i) "Abandonment" means failure of a birth parent, with reasonable knowledge of the pregnancy, to offer and provide financial and emotional support to the birth mother for a period of 180 days before the day on which the child adoptee is born. (ii) "Emotional support" means a pattern of statements or actions that indicate to a reasonable person that a birth parent intends to provide for the physical and emotional well-being of an unborn child adoptee. (b) A consent or relinquishment required by Subsection (1) may be implied by any of the following acts: (i) abandonment; (ii) leaving the child adoptee with a third party for 30 consecutive days without providing the third party with the birth parent's identification; (iii) knowingly leaving the child adoptee with another person for 180 consecutive days without providing for support, communicating, or otherwise maintaining a substantial relationship with the child adoptee; or (iv) receiving notification of a pending adoption proceeding as described in Section 81-13-207, or of a termination proceeding described in Section 81-13-205, and failing to respond as required. (c) For purposes of this Subsection (7), a court may not: (i) determine that a birth parent abandoned the birth mother if the birth parent failed to provide financial or emotional support because the birth mother refused to accept support; or (ii) find that the birth parent failed to provide emotional support if the individual's failure was due to impossibility of performance. (d) Implied consent under this Subsection (7) may not be withdrawn. (e) Nothing in this Subsection (7) negates the requirements of Section 81-13-213 for an unmarried biological father. (8) Nothing in this section establishes new requirements for an individual relinquishing a child in accordance with Section 80-4-502.
Utah Code § 81-11-207 — Utah Code / Title 81 / Chapter 81-11 / § 81-11-207
§ 81-11-207. Inconvenient forum.
Status: in_force

(1) (a) A court of this state that has jurisdiction under this chapter to make a child custody determination may decline to exercise its jurisdiction at any time if the court determines that the court is an inconvenient forum under the circumstances and that a court of another state is a more appropriate forum. (b) The issue of inconvenient forum may be raised upon the court's own motion, request of another court, or motion of a party. (2) (a) Before determining whether the court is an inconvenient forum, a court of this state shall consider whether it is appropriate that a court of another state exercise jurisdiction. (b) In making a determination under Subsection (2)(a), the court shall: (i) allow the parties to submit information; and (ii) consider all relevant factors, including: (A) whether domestic violence has occurred and is likely to continue in the future and which state could best protect the parties and the minor child; (B) the length of time the minor child has resided outside this state; (C) the distance between the court in this state and the court in the state that would assume jurisdiction; (D) the relative financial circumstances of the parties; (E) any agreement of the parties as to which state should assume jurisdiction; (F) the nature and location of the evidence required to resolve the pending litigation, including the testimony of the minor child; (G) the ability of the court of each state to decide the issue expeditiously and the procedures necessary to present the evidence; and (H) the familiarity of the court of each state with the facts and issues of the pending litigation. (3) If a court of this state determines that the court is an inconvenient forum and that a court of another state is a more appropriate forum, the court shall stay the proceedings upon condition that a child custody proceeding be promptly commenced in another designated state and may impose any other condition the court considers just and proper. (4) A court of this state may decline to exercise the court's jurisdiction under this chapter if a child custody determination is incidental to an action for divorce or another proceeding while still retaining jurisdiction over the divorce or other proceeding.
Utah Code § 81-13-105 — Utah Code / Title 81 / Chapter 81-13 / § 81-13-105
§ 81-13-105. Adoption order from foreign country.
Status: in_force

(1) Except as otherwise provided by federal law, an adoption order rendered to a resident of this state that is made by a foreign country shall be recognized by the courts of this state and enforced as if the order were rendered by a court in this state. (2) An individual who adopts an adoptee in a foreign country may register the order in this state. (3) A petition for registration of a foreign adoption order may be combined with a petition for a name change. (4) If the court finds that the foreign adoption order meets the requirements of Subsection (1), the court shall order the office to: (a) file the order; and (b) file a certificate of birth for the adoptee in accordance with Section 26B-8-131. (5) If a clerk of the court is unable to establish the fact, time, and place of birth from the documentation provided, a person holding a direct, tangible, and legitimate interest as described in Subsection 26B-8-125(3)(a) or (b) may petition for a court order establishing the fact, time, and place of a birth in accordance with Subsection 26B-8-119(1).
Utah Code § 81-5-618 — Utah Code / Title 81 / Chapter 81-5 / § 81-5-618
§ 81-5-618. Adjudication of parentage -- Jury trial prohibited.
Status: in_force

A jury trial is prohibited to adjudicate parentage of a child.
Utah Code § 81-15-106 — Utah Code / Title 81 / Chapter 81-15 / § 81-15-106
§ 81-15-106. Motion for judicial relief.
Status: in_force

(1) If a party brings a motion for judicial relief under this chapter, the party shall bring the motion in: (a) the court in which a proceeding is pending involving the family law dispute subject to arbitration; or (b) if no proceeding is pending, a court with jurisdiction over the parties and the subject matter. (2) On a motion of a party, the court may compel arbitration if the parties have entered into an arbitration agreement that complies with Section 81-15-104 unless the court determines under Section 81-15-111 that the arbitration should not proceed. (3) On a motion of a party, the court shall terminate arbitration if the court determines that: (a) the agreement to arbitrate is unenforceable; (b) the family law dispute is not subject to arbitration; or (c) under Section 81-15-111, the arbitration should not proceed. (4) Unless prohibited by an arbitration agreement, on a motion of a party, the court may order consolidation of separate arbitrations involving the same parties and a common issue of law or fact if necessary for the fair and expeditious resolution of the family law dispute.
Utah Code § 81-9-403 — Utah Code / Title 81 / Chapter 81-9 / § 81-9-403
§ 81-9-403. Visitation rights of grandparents.
Status: in_force

(1) In accordance with the provisions and requirements of this section: (a) a grandparent has standing to bring an action requesting visitation in district court by petition; and (b) a grandparent may file a petition for visitation rights in the juvenile court or district court where a divorce proceeding or other proceeding involving custody and visitation issues is pending. (2) (a) In accordance with Section 80-2a-201, it is the public policy of this state that a parent retains the fundamental right and duty to exercise primary control over the care, supervision, upbringing, and education of a minor child of the parent. (b) A court shall presume that a parent's decision in regard to grandparent visitation is in the best interest of the parent's minor child. (3) A court may find the presumption in Subsection (2)(b) rebutted if the grandparent, by clear and convincing evidence, establishes that: (a) the grandparent has filled the role of custodian or caregiver to the grandchild that: (i) is in a manner akin to a parent; and (ii) the loss of the relationship between the grandparent and the grandchild would cause substantial harm to the grandchild; or (b) both parents are unfit or incompetent in a manner that causes potential harm to the grandchild. (4) (a) If the court finds the presumption in Subsection (2)(b) is rebutted, the court may consider whether grandparent visitation is in the best interest of the grandchild. (b) If the court considers whether grandparent visitation is in the best interest of the child, the court shall take into account the totality of the circumstances, including: (i) the reasonableness of the parent's decision to deny grandparent visitation; (ii) the age of the grandchild; (iii) the death or unavailability of a parent; and (iv) if the grandchild is 14 years old or older, the grandchild's desires regarding visitation after the court inquires of the grandchild. (5) If the court finds the presumption in Subsection (2)(b) is rebutted and grandparent visitation is in the best interest of the grandchild, the court may issue an order for grandparent visitation. (6) Notwithstanding Section 81-9-404, the adoption of a grandchild by the grandchild's stepparent does not diminish or alter visitation rights previously ordered under this section. (7) On the petition of a grandparent or the legal custodian of a grandchild the court may, after a hearing, modify an order regarding grandparent visitation if: (a) the circumstances of the grandchild, the grandparent, or the custodian have materially and substantially changed since the entry of the order to be modified, or the order has become unworkable or inappropriate under existing circumstances; and (b) the court determines that a modification is appropriate based upon the factors set forth in Subsections (3) and (4). (8) A grandparent may petition the court to remedy a parent's wrongful noncompliance with a visitation order.
Utah Code § 81-14-305 — Utah Code / Title 81 / Chapter 81-14 / § 81-14-305
§ 81-14-305. Guidance and instruction.
Status: in_force

(1) A child-placing agency placing a minor child for adoption shall provide or cause to be provided to the prospective adoptive parent guidance and instruction specific to the minor child to help prepare the parent to respond effectively to needs of the child that are known or reasonably ascertainable by the child-placing agency. (2) The guidance and instruction under Subsection (1) shall address, if applicable: (a) the potential effect on the minor child of: (i) previous adoption or out-of-home placement; (ii) multiple previous adoptions or out-of-home placements; (iii) trauma, insecure attachment, fetal alcohol exposure, or malnutrition; (iv) neglect, abuse, drug exposure, or similar adversity; (v) separation from a sibling or significant caregiver; and (vi) a difference in ethnicity, race, or cultural identity between the minor child and the prospective adoptive parent or other minor child of the parent; (b) information available from the federal government on the process for the child to acquire United States citizenship; and (c) any other matter the child-placing agency considers material to the adoption. (3) The guidance and instruction under Subsection (1) shall be provided: (a) for adoption of a minor child residing in the United States, a reasonable time before the adoption is finalized; or (b) for an intercountry adoption, in accordance with federal law.
Utah Code § 81-8-203 — Utah Code / Title 81 / Chapter 81-8 / § 81-8-203
§ 81-8-203. Initiating and responding tribunal of state.
Status: in_force

Under this chapter, a tribunal of this state may serve as an initiating tribunal to forward proceedings to a tribunal of another state and as a responding tribunal for proceedings initiated in another state or a foreign country.
Utah Code § 81-15-113 — Utah Code / Title 81 / Chapter 81-15 / § 81-15-113
§ 81-15-113. Recording of hearing.
Status: in_force

(1) Except as otherwise provided in Subsection (2) or as required by a law of this state other than this chapter, an arbitration hearing does not need to be recorded unless required by the arbitrator, provided by the arbitration agreement, or requested by a party. (2) An arbitrator shall request a verbatim recording be made of any part of an arbitration hearing concerning a child-related dispute.
Utah Code § 81-15-111 — Utah Code / Title 81 / Chapter 81-15 / § 81-15-111
§ 81-15-111. Protection of party or child.
Status: in_force

(1) As used in this section, "protection order" means an injunction or other order: (a) issued under the domestic violence, family violence, or stalking laws of the issuing jurisdiction; and (b) to prevent an individual from engaging in a violent or threatening act against, harassment of, contact or communication with, or being in physical proximity to another individual who is a party or a minor child under the custodial responsibility of a party. (2) If a party is subject to a protection order or an arbitrator determines there is a reasonable basis to believe a party's safety or ability to participate effectively in arbitration is at risk, the arbitrator shall stay the arbitration and refer the parties to court. (3) The arbitration may not proceed unless the party at risk affirms the arbitration agreement in a record and the court determines: (a) the affirmation is informed and voluntary; (b) arbitration is not inconsistent with the protection order; and (c) reasonable procedures are in place to protect the party from risk of harm, harassment, or intimidation. (4) If an arbitrator determines that there is a reasonable basis to believe a minor child who is the subject of a child-related dispute is abused or neglected, the arbitrator shall terminate the arbitration of the child-related dispute and report the abuse or neglect to the Division of Child and Family Services. (5) An arbitrator may make a temporary award to protect a party or a minor child from harm, harassment, or intimidation. (6) On a motion of a party, the court may stay arbitration and review a determination or temporary award under this section. (7) This section supplements remedies available under a law of this state, other than this chapter, for the protection of victims of domestic violence, family violence, stalking, harassment, or similar abuse.
Utah Code § 81-9-203 — Utah Code / Title 81 / Chapter 81-9 / § 81-9-203
§ 81-9-203. Custody and parent-time proceedings -- Requirements for parenting plan.
Status: in_force

(1) In a custody or parent-time proceeding that is not a divorce action, the court may require the parents to attend the mandatory educational course described in Section 81-4-105. (2) (a) In a proceeding between parents regarding the custody or parent-time for a minor child, the parent shall file and serve a proposed parenting plan at the time of the filing of the parent's original petition or at the time of filing the parent's answer or counterclaim. (b) In a proceeding in which a parent seeks to modify custody provisions or a parenting plan, the parent shall file the proposed parenting plan with the petition to modify or the answer or counterclaim to the petition to modify. (c) A parent who desires joint legal custody shall file a proposed parenting plan in accordance with this section. (3) If a parent files a proposed parenting plan in compliance with this section, the parent may move the court for an order of default to adopt the plan if the other parent fails to file a proposed parenting plan as required by this section. (4) A parent may file and serve an amended proposed parenting plan according to the Utah Rules of Civil Procedure. (5) The parent submitting a proposed parenting plan shall attach a verified statement that the plan is proposed by that parent in good faith. (6) (a) Both parents may submit a parenting plan which has been agreed upon. (b) The parents shall attach a verified statement to the parenting plan that is signed by both parents. (7) If the parents file inconsistent parenting plans, the court may appoint a guardian ad litem to represent the best interests of the minor child, who may, if necessary, file a separate parenting plan reflecting the best interests of the minor child. (8) (a) If a parent is a service member, the parenting plan shall be consistent with Subsection (16). (b) If a parent becomes a service member after a parenting plan is adopted, the parents shall amend the existing parenting plan as soon as practical to comply with Subsection (16). (9) The objectives of a parenting plan are to: (a) provide for the minor child's physical care; (b) maintain the minor child's emotional stability; (c) provide for the minor child's changing needs as the minor child grows and matures in a way that minimizes the need for future modifications to the parenting plan; (d) set forth the authority and responsibilities of each parent with respect to the minor child consistent with the definitions outlined in this chapter; (e) minimize the minor child's exposure to harmful parental conflict; (f) encourage the parents, where appropriate, to meet the responsibilities to their minor child through agreements in the parenting plan rather than relying on judicial intervention; and (g) protect the best interests of the minor child. (10) (a) The parenting plan shall contain: (i) provisions for resolution of future disputes between the parents, allocation of decision-making authority, and residential provisions for the minor child; (ii) provisions addressing notice and parent-time responsibilities in the event of the relocation of a party; and (iii) a process for resolving disputes, unless precluded or limited by statute. (b) A dispute resolution process under Subsection (10)(a)(iii) may include: (i) counseling; (ii) mediation or arbitration by a specified individual or agency; or (iii) court action. (c) In the dispute resolution process under Subsection (10)(b): (i) preference shall be given to the provisions in the parenting plan; (ii) parents shall use the designated process to resolve disputes relating to implementation of the plan, except those related to financial support, unless an emergency exists; (iii) a written record shall be prepared of any agreement reached in counseling or mediation and provided to each party; (iv) if arbitration becomes necessary, a written record shall be prepared and a copy of the arbitration award shall be provided to each party; (v) if the court finds that a parent has used or frustrated the dispute resolution process without good reason, the court may award attorney fees and financial sanctions to the prevailing parent; (vi) the district court has the right of review from the dispute resolution process; and (vii) the provisions of this Subsection (10)(c) shall be set forth in any final decree or order. (11) (a) Subject to the other provisions of this Subsection (11), the parenting plan shall allocate decision-making authority to one or both parties regarding the minor child's education, healthcare, and religious upbringing. (b) The parties may incorporate an agreement related to the care and growth of the minor child in these specified areas or in other areas into the plan that are consistent with parenting functions and the criteria outlined in Subsection (9). (c) Regardless of the allocation of decision-making in the parenting plan, a parent may make emergency decisions affecting the health or safety of the minor child. (d) A minor child's education plan shall designate the following: (i) the home residence for purposes of identifying the appropriate school or another specific plan that provides for where the minor child will attend school; (ii) which parent has authority to make education decisions for the minor child if the parents cannot agree; and (iii) whether one or both parents have access to the minor child during school and authority to check the minor child out of school. (e) If an education provision is not included in the parenting plan: (i) a parent with sole physical custody shall make the decisions listed in Subsection (11)(d); (ii) in the event of joint physical custody when one parent has custody a majority of the time as described in Subsection 81-9-205(10): (A) the parent having the minor child the majority of the time shall make the decisions listed in Subsections (11)(d)(i) and (ii); and (B) both parents with joint physical custody shall have access to the minor child during school and authority to check the child out of school; or (iii) in the event of joint physical custody when the parents have custody an equal amount of time: (A) the court shall determine how the decisions listed in Subsections (11)(d)(i) and (ii) are made; and (B) both parents with joint physical custody shall have access to the minor child during school and authority to check the minor child out of school. (12) Each parent may make decisions regarding the day-to-day care and control of the minor child while the minor child is residing with that parent. (13) When mutual decision-making is designated but cannot be achieved, the parties shall make a good faith effort to resolve the issue through the dispute resolution process. (14) The parenting plan shall include a residential schedule that designates in which parent's home a minor child shall reside on given days of the year, including provisions for holidays, birthdays of family members, vacations, and other special occasions. (15) (a) If a parent fails to comply with a provision of the parenting plan or a child support order, the other parent's obligations under the parenting plan or the child support order are not affected. (b) Failure to comply with a provision of the parenting plan or a child support order may result in a finding of contempt of court. (16) (a) If a parent is a service member, the parenting plan shall contain provisions that address the foreseeable parenting and custodial issues likely to arise in the event of notification of deployment or other contingency, including long-term deployments, short-term deployments, death, incapacity, and noncombatant evacuation operations. (b) The provisions in the parenting plan described in Subsection (16)(a) shall comport substantially with the requirements of an agreement made pursuant to Section 81-10-201.
Utah Code § 81-5-605 — Utah Code / Title 81 / Chapter 81-5 / § 81-5-605
§ 81-5-605. Venue for a parentage proceeding.
Status: in_force

(1) Notwithstanding Title 78B, Chapter 3a, Venue for Civil Actions, a person shall bring a proceeding to adjudicate parentage in the county in which: (a) the child resides or is found; (b) the respondent resides or is found if the child does not reside in this state; or (c) a proceeding for probate or administration of the presumed or alleged father's estate has been commenced. (2) Subsection (1) does not apply to a proceeding brought in the Business and Chancery Court.
Utah Code § 81-5-807 — Utah Code / Title 81 / Chapter 81-5 / § 81-5-807
§ 81-5-807. Parentage under validated gestational agreement.
Status: in_force

(1) (a) Upon birth of a child to a gestational mother, the intended parents shall file notice with the tribunal that a child has been born to the gestational mother within 300 days after assisted reproduction. (b) If the intended parents file a notice described in Subsection (1)(a), the tribunal shall issue an order: (i) confirming that the intended parents are the parents of the child; (ii) if necessary, ordering that the child be surrendered to the intended parents; and (iii) directing the Office of Vital Records and Statistics to issue a birth certificate naming the intended parents as parents of the child. (2) If the parentage of a child born to the gestational mother is in dispute as not the result of an assisted reproduction, the tribunal shall order genetic testing to determine the parentage of the child.
Utah Code § 81-8-602 — Utah Code / Title 81 / Chapter 81-8 / § 81-8-602
§ 81-8-602. Procedure to register order for enforcement.
Status: in_force

(1) Except as otherwise provided in Section 81-8-706, a support order or income-withholding order of another state, or a foreign support order, may be registered in this state by sending the following records to the appropriate tribunal in this state: (a) a letter of transmittal to the tribunal requesting registration and enforcement; (b) two copies, including one certified copy, of the order to be registered, including any modification of the order; (c) a sworn statement by the person requesting registration or a certified statement by the custodian of the records showing the amount of any arrearage; (d) the name of the obligor and, if known: (i) the obligor's address and social security number; (ii) the name and address of the obligor's employer and any other source of income of the obligor; and (iii) a description and the location of property of the obligor in this state not exempt from execution; and (e) except as otherwise provided in Section 81-8-312, the name and address of the obligee and, if applicable, the person to whom support payments are to be remitted. (2) On receipt of a request for registration, the registering tribunal shall cause the order to be filed as an order of a tribunal of another state, or a foreign support order, together with one copy of the documents and information, regardless of their form. (3) (a) A petition or comparable pleading seeking a remedy that shall be affirmatively sought under law of this state may be filed at the same time as the request for registration or later. (b) The pleading shall specify the grounds for the remedy sought. (4) If two or more orders are in effect, the person requesting registration shall: (a) furnish to the tribunal a copy of every support order asserted to be in effect in addition to the documents specified in this section; (b) specify the order alleged to be the controlling order, if any; and (c) specify the amount of consolidated arrears, if any. (5) (a) A request for a determination of which is the controlling order may be filed separately or with a request for registration and enforcement or for registration and modification. (b) The person requesting registration shall give notice of the request to each party whose rights may be affected by the determination.
Utah Code § 81-14-401 — Utah Code / Title 81 / Chapter 81-14 / § 81-14-401
§ 81-14-401. Uniformity of application and construction.
Status: in_force

In applying and construing this chapter, a court shall consider the promotion of uniformity of the law among jurisdictions that enact the uniform act.
Utah Code § 81-4-103 — Utah Code / Title 81 / Chapter 81-4 / § 81-4-103
§ 81-4-103. Nunc pro tunc order by court.
Status: in_force

Upon a court's finding of good cause and giving of such notice as may be ordered, the court may enter an order nunc pro tunc in a matter relating to marriage, divorce, legal separation, or annulment of marriage.
Utah Code § 81-11-312 — Utah Code / Title 81 / Chapter 81-11 / § 81-11-312
§ 81-11-312. Costs, fees, and expenses.
Status: in_force

(1) The court shall award the prevailing party, including a state, necessary and reasonable expenses incurred by or on behalf of the party, including costs, communication expenses, attorney fees, investigative fees, expenses for witnesses, travel expenses, and child care during the course of the proceedings, unless the party from whom fees or expenses are sought establishes that the award would be clearly inappropriate. (2) The court may not assess fees, costs, or expenses against a state except as otherwise provided by law other than this chapter.
Utah Code § 81-8-311 — Utah Code / Title 81 / Chapter 81-8 / § 81-8-311
§ 81-8-311. Pleadings and accompanying documents.
Status: in_force

(1) (a) In a proceeding under this chapter, a petitioner seeking to establish a support order, to determine parentage of a child, or to register and modify a support order of a tribunal of another state or a foreign country shall file a petition. (b) Unless otherwise ordered under Section 81-8-312, the petition or accompanying documents shall provide, so far as known, the name, residential address, and social security numbers of the obligor and the obligee or the parent and alleged parent, and the name, sex, residential address, social security number, and date of birth of each child for whose benefit support is sought or whose parentage is to be determined. (c) Unless filed at the time of registration, the petition shall be accompanied by a copy of any support order known to have been issued by another tribunal. (d) The petition may include any other information that may assist in locating or identifying the respondent. (2) (a) The petition shall specify the relief sought. (b) The petition and accompanying documents shall conform substantially with the requirements imposed by the forms mandated by federal law for use in cases filed by a child support services agency.
Utah Code § 81-2-102 — Utah Code / Title 81 / Chapter 81-2 / § 81-2-102
§ 81-2-102. Marriage recognition policy.
Status: in_force

(1) (a) It is the policy of this state to recognize as marriage only the legal union of a man and a woman as provided in this chapter. (b) Except for the relationship of marriage between a man and a woman recognized pursuant to this chapter, this state will not recognize, enforce, or give legal effect to any law creating any legal status, rights, benefits, or duties that are substantially equivalent to those provided under Utah law to a man and a woman because they are married. (2) Nothing in Subsection (1) impairs any contract or other rights, benefits, or duties that are enforceable independently of this section.
Utah Code § 81-5-505 — Utah Code / Title 81 / Chapter 81-5 / § 81-5-505
§ 81-5-505. Genetic testing results -- Rebuttal.
Status: in_force

(1) Under this chapter, a man is presumed to be identified as the father of a child if the genetic testing complies with this part and the results disclose that: (a) the man has at least a 99% probability of parentage, using a prior probability of 0.50, as calculated by using the combined parentage index obtained in the testing; and (b) a combined parentage index of at least 100 to 1. (2) A man identified under Subsection (1) as the father of the child may rebut the genetic testing results only by other genetic testing satisfying the requirements of this part that: (a) excludes the man as a genetic father of the child; or (b) identifies another man as the possible father of the child. (3) (a) If an issue is raised as to whether the appropriate ethnic or racial group database was used by the testing laboratory, the testing laboratory will be asked to rerun the test using the correct ethnic or racial group database. (b) If the testing laboratory does not have an adequate database, another testing laboratory may be engaged to perform the calculations. (4) If a presumption of parentage is not rebutted by a second test, the tribunal shall issue an order establishing parentage.
Utah Code § 81-8-206 — Utah Code / Title 81 / Chapter 81-8 / § 81-8-206
§ 81-8-206. Continuing jurisdiction to enforce child support order.
Status: in_force

(1) A tribunal of this state that has issued a child support order consistent with the law of this state may serve as an initiating tribunal to request a tribunal of another state to enforce: (a) the order if the order is the controlling order and has not been modified by a tribunal of another state that assumed jurisdiction in accordance with the Uniform Interstate Family Support Act; or (b) a money judgment for arrears of support and interest on the order accrued before a determination that an order of a tribunal of another state is the controlling order. (2) A tribunal of this state having continuing jurisdiction over a support order may act as a responding tribunal to enforce the order.
Utah Code § 81-5-501 — Utah Code / Title 81 / Chapter 81-5 / § 81-5-501
§ 81-5-501. Scope of part.
Status: in_force

This part governs genetic testing of an individual to determine parentage, whether the individual: (1) voluntarily submits to testing; or (2) is tested pursuant to an order of a tribunal or a child support services agency.
Utah Code § 81-5-617 — Utah Code / Title 81 / Chapter 81-5 / § 81-5-617
§ 81-5-617. Requirements for adjudication of parentage.
Status: in_force

(1) In an adjudication of the parentage of a child, the tribunal may only disprove the parentage of a child having a presumed father, declarant father, or adjudicated father if there are admissible results of genetic testing excluding that man as the father of the child or identifying another man as the father of the child. (2) Unless the results of genetic testing are admitted to rebut other results of genetic testing, or except as provided in Section 81-5-608, the tribunal shall adjudicate a man identified as the father of a child under Section 81-5-505 as the father of the child. (3) If the tribunal finds that genetic testing under Section 81-5-505 does not identify or exclude a man as the father of a child, the tribunal: (a) may not dismiss the proceeding; and (b) shall order further testing. (4) Unless the results of genetic testing are admitted to rebut other results of genetic testing, or except as provided in Section 81-5-608, the tribunal shall adjudicate a man properly excluded as the father of a child by genetic testing to not be the father of the child.
Utah Code § 81-13-219 — Utah Code / Title 81 / Chapter 81-13 / § 81-13-219
§ 81-13-219. Timing of entry of final decree of adoption of a minor child -- Posthumous adoption of a minor child.
Status: in_force

(1) (a) Except as provided in Subsection (1)(b) or (2), the court may not enter a final decree of adoption for a child adoptee until the earlier of: (i) when the child adoptee has lived in the home of the prospective adoptive parent for 90 days; or (ii) when the child adoptee has been placed for adoption with the prospective adoptive parent for 90 days. (b) Notwithstanding Subsection (1)(a), the court may enter a final decree of adoption at an earlier or later time than described in Subsection (1) if the court finds that there is good cause. (2) (a) If the prospective adoptive parent is the spouse of the pre-existing parent, the court may not enter a final decree of adoption for a child adoptee until the child adoptee has lived in the home of that prospective adoptive parent for 180 days. (b) Notwithstanding Subsection (2)(a), the court may enter a final decree of adoption at an earlier time than described in Subsection (2)(a) if the court finds that there is good cause. (3) The court may enter a final decree of adoption for a child adoptee after the child adoptee's death upon the request of the prospective adoptive parent or parents of the child adoptee if: (a) the child adoptee dies during the time that the child adoptee is placed in the home of a prospective adoptive parent or parents for the purpose of adoption; or (b) the prospective adoptive parent is the spouse of a preexisting parent of the child adoptee and the child adoptee lived with the prospective adoptive parent before the child adoptee's death. (4) The court may enter a final decree of adoption for a child adoptee declaring that the child adoptee is adopted by: (a) both a deceased and a surviving adoptive parent if after the child adoptee is placed in the home of the child adoptee's prospective adoptive parents: (i) one of the prospective adoptive parents dies; (ii) the surviving prospective adoptive parent requests that the court enter the decree; and (iii) the decree is entered after the child adoptee has lived in the home of the surviving prospective adoptive parent for at least 180 days; or (b) a spouse of a preexisting parent if after the child adoptee has lived with the spouse of the preexisting parent: (i) the preexisting parent, or the spouse of the preexisting parent, dies; (ii) the preexisting parent, or the spouse of the preexisting parent, requests that the court enter the decree; and (iii) the child adoptee has lived in the same home as the spouse of the preexisting parent for at least 180 days. (5) Upon request of a surviving preexisting parent, or a surviving parent for whom adoption of a child adoptee has been finalized, the court may enter a final decree of adoption declaring that a child adoptee is adopted by a deceased adoptive parent who was the spouse of the surviving parent at the time of the prospective adoptive parent's death. (6) The court may enter a final decree of adoption declaring that a child adoptee is adopted by both deceased prospective adoptive parents if: (a) both of the prospective adoptive parents die after the child adoptee is placed in the prospective adoptive parents' home; and (b) it is in the best interests of the child adoptee to enter the decree. (7) Nothing in this section shall be construed to grant any rights to the pre-existing parents of a child adoptee to assert any interest in the child adoptee during the time periods described in this section.
Utah Code § 81-5-902 — Utah Code / Title 81 / Chapter 81-5 / § 81-5-902
§ 81-5-902. Transitional provision.
Status: in_force

A proceeding to adjudicate parentage that was commenced before May 1, 2005, is governed by the law in effect at the time the proceeding was commenced.
Utah Code § 81-14-404 — Utah Code / Title 81 / Chapter 81-14 / § 81-14-404
§ 81-14-404. Severability.
Status: in_force

If a provision of this chapter or the provision's application to a person or circumstance is held invalid, the invalidity does not affect another provision or application that can be given effect without the invalid provision.
Utah Code § 81-8-304 — Utah Code / Title 81 / Chapter 81-8 / § 81-8-304
§ 81-8-304. Duties of initiating tribunal.
Status: in_force

(1) Upon the filing of a petition authorized by this chapter, an initiating tribunal of this state shall forward the petition and its accompanying documents: (a) to the responding tribunal or appropriate child support services agency in the responding state; or (b) if the identity of the responding tribunal is unknown, to the state information agency of the responding state with a request that they be forwarded to the appropriate tribunal and that receipt be acknowledged. (2) (a) If requested by the responding tribunal, a tribunal of this state shall issue a certificate or other document and make findings required by the law of the responding state. (b) If the responding tribunal is in a foreign country, upon request, the tribunal of this state shall specify the amount of support sought, convert that amount into the equivalent amount in the foreign currency under applicable official or market exchange rate as publicly reported, and provide any other documents necessary to satisfy the requirements of the responding foreign tribunal.
Utah Code § 81-6-211 — Utah Code / Title 81 / Chapter 81-6 / § 81-6-211
§ 81-6-211. Reduction for extended parent-time.
Status: in_force

(1) The base child support award is: (a) reduced by 50% for each child for time periods during which the child is with the noncustodial parent by order of the court or by written agreement of the parties for at least 25 of any 30 consecutive days of extended parent-time; or (b) reduced by 25% for each child for time periods during which the child is with the noncustodial parent by order of the court or by written agreement of the parties for at least 12 of any 30 consecutive days of extended parent-time. (2) If the child is a client of cash assistance provided under Title 35A, Chapter 3, Part 3, Family Employment Program, the administrative agency shall approve any agreement by the parties for reduction of child support during extended parent-time. (3) For purposes of this section, normal parent-time and holiday visits to the custodial parent are not considered extended parent-time. (4) For cases receiving child support services in accordance with Title 26B, Chapter 9, Recovery Services and Administration of Child Support, the noncustodial parent shall provide written documentation to the office of the extended parent-time schedule to receive the adjustment under Subsection (1), including the beginning and ending dates, in the form of a court order or a voluntary written agreement between the parties. (5) If the noncustodial parent complies with Subsection (4), owes no past-due support, and pays the full, unadjusted amount of current child support due for the month of scheduled extended parent-time and the following month, the office shall refund the difference from the child support due to the custodial parent or the state, between the full amount of current child support received during the month of extended parent-time and the adjusted amount of current child support due: (a) from current child support received in the month following the month of scheduled extended parent-time; or (b) from current child support received in the month following the month written documentation of the scheduled extended parent-time is provided to the office, whichever occurs later. (6) If the noncustodial parent complies with Subsection (4), owes past-due support, and pays the full, unadjusted amount of current child support due for the month of scheduled extended parent-time, the office shall apply the difference, from the child support due to the custodial parent or the state, between the full amount of current child support received during the month of extended parent-time and the adjusted amount of current child support due, to the past-due support obligation in the case. (7) For cases not receiving child support services in accordance with Title 26B, Chapter 9, Recovery Services and Administration of Child Support, the court or the parents shall resolve, without involvement by the office, any potential adjustment of the child support payment during the month of extended visitation or any refund that is due to the noncustodial parent from the custodial parent. (8) For purposes of this section, the per child amount to which the abatement applies is calculated by dividing the base child support award by the number of children included in the award. (9) The reduction in this section does not apply to parents with joint physical custody obligations calculated in accordance with Section 81-6-206.
Utah Code § 81-8-612 — Utah Code / Title 81 / Chapter 81-8 / § 81-8-612
§ 81-8-612. Recognition of order modified in another state.
Status: in_force

If a child support order issued by a tribunal of this state is modified by a tribunal of another state that assumed jurisdiction in accordance with the Uniform Interstate Family Support Act, a tribunal of this state: (1) may enforce the tribunal's order that was modified only as to arrears and interest accruing before the modification; (2) may provide appropriate relief for violations of the tribunal's order which occurred before the effective date of the modification; and (3) shall recognize the modifying order of the other state, upon registration, for the purpose of enforcement.
Utah Code § 81-3-208 — Utah Code / Title 81 / Chapter 81-3 / § 81-3-208
§ 81-3-208. Application and construction.
Status: in_force

This part shall be applied and construed to effectuate the part's general purpose to make uniform the law with respect to the subject of this part among states enacting this uniform law.
Utah Code § 81-2-206 — Utah Code / Title 81 / Chapter 81-2 / § 81-2-206
§ 81-2-206. Completion of counseling or education.
Status: in_force

(1) The county clerk of a county that operates an online marriage application system and issues a marriage license to applicants who certify completion of premarital counseling or education in accordance with Subsection (2) shall reduce the marriage license fee by $20. (2) (a) To qualify for the reduced fee under Subsection (1), the applicants shall certify completion of premarital counseling or education in accordance with this Subsection (2). (b) To complete premarital counseling or education, the applicants: (i) shall obtain the premarital counseling or education from: (A) a licensed or ordained minister or the minister's designee who is trained by the minister or denomination to conduct premarital counseling or education; (B) an individual licensed under Title 58, Chapter 60, Mental Health Professional Practice Act; (C) an individual certified by a national organization recognized by the Utah Marriage Commission, created in Title 63M, Chapter 15, Utah Marriage Commission, as a family life educator; (D) a family and consumer sciences educator; (E) an individual who is an instructor approved by a premarital education curriculum that meets the requirements of Subsection (2)(b)(ii); or (F) an online course approved by the Utah Marriage Commission; (ii) shall receive premarital counseling or education that includes information on important factors associated with strong and healthy marriages, including: (A) commitment in marriage; and (B) effective communication and problem-solving skills, including avoiding violence and abuse in the relationship; (iii) shall complete at least three hours of premarital counseling or six hours of premarital education meeting the requirements of this Subsection (2); and (iv) shall complete the premarital counseling or education meeting the requirements of this Subsection (2) not more than one year before but at least 14 days before the day on which the marriage license is issued. (c) Although applicants are encouraged to take the premarital counseling or education together, each applicant may comply with the requirements of this Subsection (2) separately. (3) A provider of premarital counseling or education under this section is encouraged to use research-based relationship inventories.
Utah Code § 81-15-126 — Utah Code / Title 81 / Chapter 81-15 / § 81-15-126
§ 81-15-126. Relation to Electronic Signatures in Global and National Commerce Act.
Status: in_force

This chapter modifies, limits, or supersedes the Electronic Signatures in Global and National Commerce Act, 15 U.S.C. Sec. 7001 et seq., but does not modify, limit, or supersede Section 101(c) of that act, 15 U.S.C. Sec. 7001(c), or authorize electronic delivery of any of the notices described in Section 103(b) of that act, 15 U.S.C. Sec. 7003(b).
Utah Code § 81-5-404 — Utah Code / Title 81 / Chapter 81-5 / § 81-5-404
§ 81-5-404. Required form.
Status: in_force

(1) (a) The Office of Vital Records and Statistics shall prepare a form to be filed with the agency. (b) The form shall require the signature of the registrant and state that the form is signed under penalty of perjury. (2) The form shall also state that: (a) a timely filing of notice of the initiation of parentage proceedings that is filed pursuant to Subsection 81-5-402(1) entitles the registrant to notice of a proceeding for adoption of the child; (b) a timely filing does not commence a proceeding to establish parentage; (c) the information disclosed on the form may be used against the registrant to establish parentage; (d) services to assist in establishing parentage of a child who is not placed for adoption are available to the registrant through the Office of Recovery Services; (e) the registrant should also file in another state if conception or birth of the child occurred in the other state; (f) information on registries of other states is available from the Office of Vital Records and Statistics; and (g) procedures exist to remove the filing of a proceeding to establish parentage if the proceeding is dismissed, or if a finding of parentage is rescinded or set aside under this chapter.
Utah Code § 81-5-601 — Utah Code / Title 81 / Chapter 81-5 / § 81-5-601
§ 81-5-601. Definitions for part -- Proceeding authorized.
Status: in_force

(1) As used in this part, "divorce" includes an annulment. (2) An adjudicative proceeding may be maintained to determine the parentage of a child. (3) A judicial proceeding is governed by the Utah Rules of Civil Procedure. (4) An administrative proceeding is governed by Title 63G, Chapter 4, Administrative Procedures Act.
Utah Code § 81-9-102 — Utah Code / Title 81 / Chapter 81-9 / § 81-9-102
§ 81-9-102. Expedited Parent-time Enforcement Program.
Status: in_force

(1) As used in this section: (a) "Mediator" means a person who: (i) is qualified to mediate parent-time disputes under criteria established by the Administrative Office of the Courts; and (ii) agrees to follow billing guidelines established by the Administrative Office of the Courts and this section. (b) "Services to facilitate parent-time" or "services" means services designed to assist families in resolving parent-time problems through: (i) counseling; (ii) supervised parent-time; (iii) neutral drop-off and pick-up; (iv) educational classes; and (v) other related activities. (2) The Administrative Office of the Courts shall administer an Expedited Parent-time Enforcement Program in the third judicial district. (3) (a) If a parent files a motion in the third district court alleging that court-ordered parent-time rights are being violated, the clerk of the court, after assigning the case to a judge, shall refer the case to the administrator of this program for assignment to a mediator, unless a parent is incarcerated or otherwise unavailable. (b) Unless the court rules otherwise, a parent residing outside of the state is not unavailable. (c) The director of the program for the courts, the court, or the mediator may excuse either party from the requirement to mediate for good cause. (d) Upon receipt of a case, the mediator shall: (i) meet with the parents to address parent-time issues within 15 days of the motion being filed; (ii) assess the situation; (iii) facilitate an agreement on parent-time between the parents; and (iv) determine whether a referral to a service provider under Subsection (3)(e) is warranted. (e) While a case is in mediation, a mediator may refer the parents to a service provider designated by the Department of Health and Human Services for services to facilitate parent-time if: (i) the services may be of significant benefit to the parents; or (ii) (A) a mediated agreement between the parents is unlikely; and (B) the services may facilitate an agreement. (f) At any time during mediation, a mediator shall terminate mediation and transfer the case to the administrator of the program for referral to the court to whom the case was assigned under Subsection (3)(a) if: (i) a written agreement between the parents is reached; or (ii) the parents are unable to reach an agreement through mediation and: (A) the parents have received services to facilitate parent-time; (B) both parents object to receiving services to facilitate parent-time; or (C) the parents are unlikely to benefit from receiving services to facilitate parent-time. (g) Upon receiving a case from the administrator of the program, a court may: (i) review the agreement of the parents and, if acceptable, sign it as an order; (ii) order the parents to receive services to facilitate parent-time; (iii) proceed with the case; or (iv) take other appropriate action. (4) (a) If a parent makes a particularized allegation of physical or sexual abuse of a minor child who is the subject of a parent-time order against the other parent or a member of the other parent's household to a mediator or service provider, the mediator or service provider shall immediately report that information to: (i) the court, which may immediately issue orders and take other appropriate action to resolve the allegation and protect the minor child; and (ii) the Division of Child and Family Services within the Department of Health and Human Services in the manner required by Title 80, Chapter 2, Part 6, Child Abuse and Neglect Reports. (b) If an allegation under Subsection (4)(a) is made against a parent with parent-time rights or a member of that parent's household, parent-time by that parent shall, pursuant to an order of the court, be supervised until: (i) the allegation has been resolved; or (ii) a court orders otherwise. (c) Notwithstanding an allegation under Subsection (4)(a), a mediator may continue to mediate parent-time problems and a service provider may continue to provide services to facilitate parent-time unless otherwise ordered by a court. (5) (a) The Department of Health and Human Services may contract with one or more entities in accordance with Title 63G, Chapter 6a, Utah Procurement Code, to provide: (i) services to facilitate parent-time; (ii) case management services; and (iii) administrative services. (b) An entity who contracts with the Department of Health and Human Services under Subsection (5)(a) shall: (i) be qualified to provide one or more of the services listed in Subsection (5)(a); and (ii) agree to follow billing guidelines established by the Department of Health and Human Services and this section. (6) (a) Except as provided in Subsection (6)(b), the cost of mediation shall be: (i) reduced to a sum certain; (ii) divided equally between the parents; and (iii) charged against each parent taking into account the ability of that parent to pay under billing guidelines adopted in accordance with this section. (b) A court may order a parent to pay an amount in excess of that provided for in Subsection (6)(a) if the parent: (i) failed to participate in good faith in mediation or services to facilitate parent-time; or (ii) made an unfounded assertion or claim of physical or sexual abuse of a minor child. (c) (i) The cost of mediation and services to facilitate parent-time may be charged to parents at periodic intervals. (ii) Mediation and services to facilitate parent-time may only be terminated on the ground of nonpayment if both parents are delinquent. (7) (a) The Judicial Council may make rules to implement and administer the provisions of this program related to mediation. (b) The Department of Health and Human Services may make rules to implement and administer the provisions of this program related to services to facilitate parent-time. (8) (a) (i) The Administrative Office of the Courts shall adopt outcome measures to evaluate the effectiveness of the mediation component of this program. (ii) The Administrative Office of the Courts shall provide progress reports to the Judiciary Interim Committee as requested by the committee. (b) (i) The Department of Health and Human Services shall adopt outcome measures to evaluate the effectiveness of the services component of this program. (ii) The Department of Health and Human Services shall provide progress reports to the Judiciary Interim Committee as requested by the committee. (c) The Administrative Office of the Courts and the Department of Health and Human Services may adopt joint outcome measures and file joint reports to satisfy the requirements of Subsections (8)(a) and (b). (9) The Department of Health and Human Services shall, by following the procedures and requirements of Title 63J, Chapter 5, Federal Funds Procedures Act, apply for federal funds as available.
Utah Code § 81-2-406 — Utah Code / Title 81 / Chapter 81-2 / § 81-2-406
§ 81-2-406. Validation of a marriage to an individual with acquired immune deficiency syndrome or other sexually transmitted disease.
Status: in_force

A marriage between two individuals that was not valid or legal before October 21, 1993, on the basis that a party was afflicted with acquired immune deficiency syndrome, syphilis, or gonorrhea, is considered valid and legal in this state.
Utah Code § 81-5-606 — Utah Code / Title 81 / Chapter 81-5 / § 81-5-606
§ 81-5-606. No limitation -- Child having no declarant or adjudicated father.
Status: in_force

(1) A proceeding to adjudicate the parentage of a child having no declarant or adjudicated father may be commenced at any time. (2) If initiated after the child becomes an adult, only the child may initiate the proceeding.
Utah Code § 81-10-501 — Utah Code / Title 81 / Chapter 81-10 / § 81-10-501
§ 81-10-501. Uniformity of application and construction.
Status: in_force

In applying and construing this chapter, consideration shall be given to the need to promote uniformity of the law with respect to this uniform law's subject matter among states that enact this uniform law.
Utah Code § 81-10-309 — Utah Code / Title 81 / Chapter 81-10 / § 81-10-309
§ 81-10-309. Content of temporary custody order.
Status: in_force

(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 of caretaking authority, decision-making authority, or limited contact among the deploying parent, the other parent, and any nonparent; (b) if the order divides caretaking or decision-making authority between individuals, or grants caretaking authority to one individual and limited contact to another, provide a process to resolve any dispute that may arise; (c) provide for liberal communication between the deploying parent and the child during deployment, including through electronic means, unless contrary to the best interest of the child, and allocate any costs of communications; (d) provide for liberal contact between the deploying parent and the child during the time the deploying parent is on leave or otherwise available, unless contrary to the best interest of the child; (e) provide for reasonable contact between the deploying parent and the child after return from deployment until the temporary order is terminated, even if the time of contact exceeds the time the deploying parent spent with the child before entry of the temporary order; and (f) provide that the order will terminate in accordance with Part 4, Return from Deployment, after the deploying parent returns from deployment.
Utah Code § 81-2-204 — Utah Code / Title 81 / Chapter 81-2 / § 81-2-204
§ 81-2-204. Master plan for counseling.
Status: in_force

(1) It shall be the function and duty of the premarital counseling board, after holding public hearings, to make, adopt, and certify to the county legislative body a master plan for premarital counseling of marriage license applicants within the purposes and objectives of this part. (2) The master plan described in Subsection (1) shall include: (a) counseling procedures that: (i) will make applicants aware of problem areas in their proposed marriage; (ii) suggest ways of meeting problems; and (iii) will induce reconsideration or postponement when: (A) the applicants are not sufficiently matured or are not financially capable of meeting the responsibilities of marriage; or (B) are marrying for reasons not conducive to a sound lasting marriage; and (b) standards for evaluating premarital counseling received by the applicants, prior to their application for a marriage license, which would justify issuance of certificate without further counseling being given or required. (3) The premarital counseling board may, from time to time, amend or extend the plan described in Subsection (1). (4) The premarital counseling board may, subject to Subsection (5): (a) appoint a staff and employees as may be necessary for its work; and (b) contract with social service agencies or other consultants within the county or counties for services it requires. (5) Expenditures for the appointments and contracts described in Subsection (4) may not exceed the sums appropriated by the county legislative body plus sums placed at its disposal through gift or otherwise.
Utah Code § 81-14-304 — Utah Code / Title 81 / Chapter 81-14 / § 81-14-304
§ 81-14-304. Information about a minor child.
Status: in_force

(1) (a) Except as prohibited by other law of this state, within a reasonable time before a child-placing agency places a minor child for adoption with a prospective adoptive parent, the agency shall provide or cause to be provided to the prospective adoptive parent information specific to the minor child that is known or reasonably obtainable by the child-placing agency and material to the prospective adoptive parents informed decision to adopt the minor child. (b) The information under Subsection (1)(a) shall include: (i) the minor child's family, cultural, racial, religious, ethnic, linguistic, and educational background; (ii) the minor child's physical, mental, emotional, and behavioral health; (iii) circumstances that may adversely affect the minor child's physical, mental, emotional, or behavioral health; (iv) the minor child's medical history, including immunizations; (v) the medical history of the minor child's genetic parents and siblings; (vi) the history of an adoptive or out-of-home placement of the minor child and the reason the adoption or placement ended; (vii) the minor child's United States immigration status; (viii) medical, therapeutic, and educational resources, including language-acquisition training, available to the adoptive parent and minor child after placement or adoption to assist in responding effectively to physical, mental, emotional, or behavioral issues; and (ix) available records relevant to the information in Subsections (1)(b)(i) through (viii). (2) If, before an adoption is finalized, additional information under Subsection (1) that is material to a prospective adoptive parent's informed decision to adopt the minor child becomes known or reasonably obtainable by the child-placing agency, the child-placing agency shall provide the information to the prospective adoptive parent. (3) If, after an adoption is finalized, additional information under Subsection (1) becomes known to the child-placing agency, the child-placing agency shall make a reasonable effort to provide the information to the adoptive parent.
Utah Code § 81-11-306 — Utah Code / Title 81 / Chapter 81-11 / § 81-11-306
§ 81-11-306. Enforcement of registered determination.
Status: in_force

(1) A court of this state may grant any relief normally available under the law of this state to enforce a registered child custody determination made by a court of another state. (2) A court of this state shall recognize and enforce, but may not modify except in accordance with Part 2, Jurisdiction, a registered child custody determination of another state.
Utah Code § 81-9-404 — Utah Code / Title 81 / Chapter 81-9 / § 81-9-404
§ 81-9-404. Exceptions to visitation by nonparent.
Status: in_force

This part may not be used to seek, obtain, maintain or continue custody of, or visitation with, a minor child who has been relinquished for adoption, or adopted in accordance with a court order.
Utah Code § 81-11-314 — Utah Code / Title 81 / Chapter 81-11 / § 81-11-314
§ 81-11-314. Appeals.
Status: in_force

(1) An appeal may be taken from an order in a proceeding under this chapter in accordance with expedited appellate procedures in other civil cases. (2) Unless the court enters a temporary emergency order under Section 81-11-204, the enforcing court may not stay an order enforcing a child custody determination pending appeal.
Utah Code § 81-13-215 — Utah Code / Title 81 / Chapter 81-13 / § 81-13-215
§ 81-13-215. Contested adoption of a minor child -- Rights of parties -- Determination of custody.
Status: in_force

(1) If an individual whose consent for an adoption of a minor child is required as described in Subsection 81-13-212(1)(b), (c), (d), (e), or (f) refused to consent, the court shall determine whether proper grounds exist for the termination of that individual's rights in accordance with this chapter or Title 80, Chapter 4, Termination and Restoration of Parental Rights. (2) (a) If there are proper grounds to terminate the individual's parental rights, the court shall order that the individual's rights be terminated. (b) If there are not proper grounds to terminate the individual's parental rights, the court shall: (i) dismiss the adoption petition; (ii) conduct an evidentiary hearing to determine who should have custody of the minor child; and (iii) award custody of the minor child in accordance with the minor child's best interest. (c) Termination of an individual's parental rights does not terminate the right of a relative of the parent to seek adoption of the minor child. (3) Evidence considered at the custody hearing may include: (a) evidence of psychological or emotional bonds that the minor child has formed with a third person, including the prospective adoptive parent; and (b) any detriment that a change in custody may cause the minor child. (4) If the court dismisses the adoption petition, the fact that an individual relinquished a minor child for adoption or consented to the adoption may not be considered as evidence in a custody proceeding described in this section, or in any subsequent custody proceeding, that it is not in the minor child's best interest for custody to be awarded to such person or that: (a) the individual is unfit or incompetent to be a parent; (b) the individual has neglected or abandoned the minor child; (c) the individual is not interested in having custody of the minor child; or (d) the individual has forfeited the individual's parental presumption. (5) Any custody order entered under this section may also: (a) include provisions for: (i) parent-time; or (ii) visitation by an interested third party, including the prospective adoptive parent; and (b) provide for the financial support of the minor child. (6) (a) If a person whose consent is required for an adoption under Subsection 81-13-212(1)(a) or (g) refuses to consent, the court shall proceed with an evidentiary hearing and award custody as described in Subsection (2). (b) The court may also finalize the adoption if doing so is in the best interest of the minor child. (7) (a) A person may not contest an adoption after the final decree of adoption is entered, if that person: (i) was a party to the adoption proceeding; (ii) was served with notice of the adoption proceeding; or (iii) executed a consent to the adoption or relinquishment for adoption. (b) No person may contest an adoption after one year from the day on which the final decree of adoption is entered. (c) The limitations on contesting an adoption action, described in this Subsection (7), apply to all attempts to contest an adoption: (i) regardless of whether the adoption is contested directly or collaterally; and (ii) regardless of the basis for contesting the adoption, including claims of fraud, duress, undue influence, lack of capacity or competency, mistake of law or fact, or lack of jurisdiction. (d) The limitations on contesting an adoption action, described in this Subsection (7), do not prohibit a timely appeal of: (i) a final decree of adoption; or (ii) a decision in an action challenging an adoption, if the action was brought within the time limitations described in Subsections (7)(a) and (b). (8) A court that has jurisdiction over a minor child for whom more than one petition for adoption is filed shall grant a hearing only under the following circumstances: (a) to a petitioner: (i) with whom the minor child is placed; (ii) who has custody or guardianship of the minor child; (iii) who has filed a written statement with the court within 240 days after the day on which the shelter hearing is held: (A) requesting immediate placement of the minor child with the petitioner; and (B) expressing the petitioner's intention of adopting the minor child; (iv) who is a relative with whom the minor child has a significant and substantial relationship and who was unaware, within 240 days after the day on which the shelter hearing is held, of the minor child's removal from the minor child's parent; or (v) who is a relative with whom the minor child has a significant and substantial relationship and, in a case where the minor child is not placed with a relative or is placed with a relative that is unable or unwilling to adopt the minor child: (A) was actively involved in the minor child's child welfare case with the division or the juvenile court while the minor child's parent engaged in reunification services; and (B) filed a written statement with the court that includes the information described in Subsections (8)(a)(iii)(A) and (B) within 30 days after the day on which the court terminated reunification services; or (b) if the minor child: (i) has been in the current placement for less than 180 days before the day on which the petitioner files the petition for adoption; or (ii) is placed with, or is in the custody or guardianship of, an individual who previously informed the division or the court that the individual is unwilling or unable to adopt the minor child. (9) (a) If the court grants a hearing on more than one petition for adoption, there is a rebuttable presumption that it is in the best interest of a minor child to be placed for adoption with a petitioner: (i) who has fulfilled the requirements of this chapter; and (ii) (A) with whom the minor child has continuously resided for 180 days; (B) who has filed a written statement with the court within 240 days after the day on which the shelter hearing is held, as described in Subsection (8)(a)(iii); or (C) who is a relative described in Subsection (8)(a)(iv). (b) The court may consider other factors relevant to the best interest of the minor child to determine whether the presumption is rebutted. (c) The court shall weigh the best interest of the minor child uniformly between petitioners if more than one petitioner satisfies a rebuttable presumption condition described in Subsection (9)(a). (10) Nothing in this section shall be construed to prevent the division or the minor child's guardian ad litem from appearing or participating in any proceeding for a petition for adoption. (11) The division shall use best efforts to provide a known relative with timely information relating to the relative's rights or duties under this section.
Utah Code § 81-10-304 — Utah Code / Title 81 / Chapter 81-10 / § 81-10-304
§ 81-10-304. Testimony by electronic means.
Status: in_force

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.
Utah Code § 81-10-502 — Utah Code / Title 81 / Chapter 81-10 / § 81-10-502
§ 81-10-502. Relation to Electronic Signatures in Global and National Commerce Act.
Status: in_force

This chapter modifies, limits, or supersedes the Electronic Signatures in Global and National Commerce Act, 15 U.S.C. Sec. 7001 et seq., but does not modify, limit, or supersede Section 101(c) of that act, 15 U.S.C. Sec. 7001(c), or authorize electronic delivery of any of the notices described in Section 103(b) of that act, 15 U.S.C. Sec. 7003(b).
Utah Code § 81-8-205 — Utah Code / Title 81 / Chapter 81-8 / § 81-8-205
§ 81-8-205. Continuing, exclusive jurisdiction to modify child support order.
Status: in_force

(1) A tribunal of this state that has issued a child support order consistent with the law of this state has and shall exercise continuing, exclusive jurisdiction to modify its child support order if the order is the controlling order, and: (a) at the time of the filing of a request for modification, this state is the residence of the obligor, the individual obligee, or the child for whose benefit the support order is issued; or (b) even if this state is not the residence of the obligor, the individual obligee, or the child for whose benefit the support order is issued, the parties consent in a record or in open court that the tribunal of this state may continue to exercise jurisdiction to modify the tribunal's order. (2) A tribunal of this state that has issued a child support order consistent with the law of this state may not exercise continuing, exclusive jurisdiction to modify the order if: (a) all of the parties who are individuals file consent in a record with the tribunal of this state that a tribunal of another state that has jurisdiction over at least one of the parties who is an individual or that is located in the state of residence of the child may modify the order and assume continuing, exclusive jurisdiction; or (b) the tribunal's order is not the controlling order. (3) If a tribunal of another state has issued a child support order in accordance with the Uniform Interstate Family Support Act or a law substantially similar to the act, that modifies a child support order of a tribunal of this state, a tribunal of this state shall recognize the continuing, exclusive jurisdiction of the tribunal of the other state. (4) A tribunal of this state that lacks continuing, exclusive jurisdiction to modify a child support order may serve as an initiating tribunal to request a tribunal of another state to modify a support order issued in that state. (5) A temporary support order issued ex parte or pending resolution of a jurisdictional conflict does not create continuing, exclusive jurisdiction in the issuing tribunal.
Utah Code § 81-10-102 — Utah Code / Title 81 / Chapter 81-10 / § 81-10-102
§ 81-10-102. Remedies for noncompliance.
Status: in_force

In addition to other remedies under the law of this state other than this chapter, if a court finds that a party to a proceeding under this chapter has acted in bad faith or intentionally failed to comply with this chapter or a court order issued under this chapter, the court may assess reasonable attorney fees and costs against the party and order other appropriate relief.
Utah Code § 81-6-206 — Utah Code / Title 81 / Chapter 81-6 / § 81-6-206
§ 81-6-206. Joint physical custody -- Obligation calculations.
Status: in_force

(1) This section applies to a case in which the parents are awarded joint physical custody of the children. (2) If the base combined child support obligation that is calculated as described in Subsection 81-6-204(1) is $0, the base child support award for each parent is $0. (3) If the base combined child support obligation that is calculated as described in Subsection 81-6-204(1) is greater than $0, the court or administrative agency shall determine each parent's share of the base combined child support obligation by: (a) dividing each parent's monthly adjusted gross income by the combined monthly adjusted gross income to determine each parent's percentage; and (b) multiplying each parent's percentage by the base combined child support obligation. (4) The court or administrative agency shall determine the base child support award for the parent with the lesser number of overnights by: (a) multiplying the number of overnights over 110 and under 131 for that parent by .0027; (b) multiplying the number calculated under Subsection (4)(a) by the base combined child support obligation; (c) multiplying the number of overnights over 130 for that parent by .0084; (d) multiplying the number calculated under Subsection (4)(c) by the base combined child support obligation; and (e) subtracting the numbers calculated in Subsections (4)(b) and (4)(d) from that parent's share of the base combined child support obligation calculated under Subsection (3). (5) If the base child support award calculated under Subsection (4) is greater than $0, the parent with the lesser number of overnights is the obligor and is required to pay child support. (6) If the base child support award calculated under Subsection (4) is less than $0: (a) the parent with the lesser number of overnights is the obligee; and (b) the parent with the greater number of overnights is the obligor and is required to pay child support. (7) If the parents have an equal parent-time schedule under Section 81-9-305, the amount of time to be spent with the parent who has the lower monthly adjusted gross income is considered 183 overnights, regardless of whether the parent receives 182 overnights or 183 overnights under the equal parent-time schedule.
Utah Code § 81-10-303 — Utah Code / Title 81 / Chapter 81-10 / § 81-10-303
§ 81-10-303. Expedited hearing.
Status: in_force

If a motion to grant custodial responsibility is filed under Subsection 81-10-302(2) before a deploying parent deploys, the court shall conduct an expedited hearing.
Utah Code § 81-10-308 — Utah Code / Title 81 / Chapter 81-10 / § 81-10-308
§ 81-10-308. Nature of authority created by temporary custody order.
Status: in_force

(1) (a) 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. (b) The grant may not create an independent, continuing right to caretaking authority, decision-making authority, or limited contact in an individual to whom it is granted. (2) A nonparent granted caretaking authority, decision-making authority, or limited contact under this part has standing to enforce the grant until it is terminated by court order or under Part 4, Return from Deployment.
Utah Code § 81-8-208 — Utah Code / Title 81 / Chapter 81-8 / § 81-8-208
§ 81-8-208. Child support orders for two or more obligees.
Status: in_force

In responding to registrations or petitions for enforcement of two or more child support orders in effect at the same time with regard to the same obligor and different individual obligees, at least one of which was issued by a tribunal of another state or a foreign country, a tribunal of this state shall enforce those orders in the same manner as if the orders had been issued by a tribunal of this state.
Utah Code § 81-5-707 — Utah Code / Title 81 / Chapter 81-5 / § 81-5-707
§ 81-5-707. Parental status of deceased spouse.
Status: in_force

If a spouse dies before placement of eggs, sperm, or an embryo, the deceased spouse is not a parent of the resulting child unless the deceased spouse consented in a record that if assisted reproduction were to occur after death, the deceased spouse would be a parent of the child.
Utah Code § 81-13-204 — Utah Code / Title 81 / Chapter 81-13 / § 81-13-204
§ 81-13-204. Petition for adoption of a minor child.
Status: in_force

(1) A person may bring a petition for adoption of a minor child: (a) before the birth of the minor child; or (b) before or after the minor child is placed in the home of the adoptive parent for the purpose of adoption. (2) (a) Except as provided in Subsection (2)(c), a petition for adoption of a minor child shall state whether the minor child was born in another state. (b) If the minor child was born in another state, the petition and the court's final decree of adoption shall state that the requirements of Title 80, Chapter 2, Part 9, Interstate Compact on Placement of Children, have been complied with. (c) This Subsection (2) does not apply if the prospective adoptive parent is not required to complete a preplacement adoptive evaluation under Section 81-13-403. (3) In any adoption proceeding involving an "Indian child," as defined in 25 U.S.C. Sec. 1903, a child-placing agency and a petitioner shall comply with the Indian Child Welfare Act, 25 U.S.C. Sec. 1901 et seq.
Utah Code § 81-5-309 — Utah Code / Title 81 / Chapter 81-5 / § 81-5-309
§ 81-5-309. Ratification barred.
Status: in_force

A tribunal or administrative agency conducting a judicial or administrative proceeding may not ratify an unchallenged declaration of paternity.
Utah Code § 81-5-305 — Utah Code / Title 81 / Chapter 81-5 / § 81-5-305
§ 81-5-305. Effect of declaration or denial of paternity.
Status: in_force

(1) Except as otherwise provided in Sections 81-5-306 and 81-5-307, a valid declaration of paternity filed with the Office of Vital Records and Statistics is equivalent to a legal finding of parentage of a child and confers upon the declarant father all of the rights and duties of a parent. (2) (a) When a declaration of paternity is filed, the declaration of paternity shall be recognized as a basis for a child support order without any further requirement or proceeding regarding the establishment of parentage. (b) The liabilities of the declarant father include the reasonable expense of the birth mother's pregnancy and confinement and for the education, necessary support, and any funeral expenses for the child. (c) When a father declares paternity, the father's liability under Subsection (2)(a) for past amounts due is limited to the period of four years immediately preceding the date that the voluntary declaration of paternity was filed. (3) (a) Except as otherwise provided in Sections 81-5-306 and 81-5-307, a valid denial of paternity by a presumed or declarant father filed with the Office of Vital Records and Statistics in conjunction with a valid declaration of paternity is equivalent to a legal finding of the nonparentage of the presumed or declarant father and discharges the presumed or declarant father from all rights and duties of a parent. (b) If a valid denial of paternity is filed with the Office of Vital Records and Statistics, the presumed or declarant father may not recover child support that was paid prior to the time of filing.
Utah Code § 81-5-703 — Utah Code / Title 81 / Chapter 81-5 / § 81-5-703
§ 81-5-703. Husband's parentage of child of assisted reproduction.
Status: in_force

If a husband provides sperm for, or consents to, assisted reproduction by his wife as provided in Section 81-5-704, the husband is the father of a resulting child born to his wife.
Utah Code § 81-8-615 — Utah Code / Title 81 / Chapter 81-8 / § 81-8-615
§ 81-8-615. Jurisdiction to modify child support order of foreign country.
Status: in_force

(1) Except as otherwise provided in Section 81-8-711, if a foreign country lacks or refuses to exercise jurisdiction to modify its child support order pursuant to its laws, a tribunal of this state may assume jurisdiction to modify the child support order and bind all individuals subject to the personal jurisdiction of the tribunal whether or not the consent to modification of a child support order otherwise required of the individual in accordance with Section 81-8-611 has been given or whether the individual seeking modification is a resident of this state or of the foreign country. (2) An order issued by a tribunal of this state modifying a foreign child support order in accordance with this section is the controlling order.
Utah Code § 81-12-102 — Utah Code / Title 81 / Chapter 81-12 / § 81-12-102
§ 81-12-102. Cooperation and communication among courts.
Status: in_force

Sections 81-11-109, 81-11-110, and 81-11-111 apply to cooperation and communications among courts in proceedings under this chapter.
Utah Code § 81-15-125 — Utah Code / Title 81 / Chapter 81-15 / § 81-15-125
§ 81-15-125. Uniformity of application and construction.
Status: in_force

In applying and construing this chapter, consideration must be given to the need to promote uniformity of the law with respect to this uniform law's subject matter among states that enact this uniform law.
Utah Code § 81-10-402 — Utah Code / Title 81 / Chapter 81-10 / § 81-10-402
§ 81-10-402. Consent procedure for terminating temporary grant of custodial responsibility established by court order.
Status: in_force

(1) At any time after a deploying parent returns from deployment, the deploying parent and the other parent may file with the court an agreement to terminate a temporary order for custodial responsibility issued under Part 3, Judicial Procedure for Granting Custodial Responsibility During Deployment. (2) After an agreement has been filed, the court shall issue an order terminating the temporary order effective on the date specified in the agreement. (3) If a date is not specified, the order is effective immediately.
Utah Code § 81-10-305 — Utah Code / Title 81 / Chapter 81-10 / § 81-10-305
§ 81-10-305. Effect of prior judicial order or agreement.
Status: in_force

In a proceeding for a grant of custodial responsibility in accordance with 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.
Utah Code § 81-10-307 — Utah Code / Title 81 / Chapter 81-10 / § 81-10-307
§ 81-10-307. Grant of limited contact.
Status: in_force

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 family member of the child or an individual with whom the child has a close and substantial relationship.
Utah Code § 81-4-202 — Utah Code / Title 81 / Chapter 81-4 / § 81-4-202
§ 81-4-202. Petition for separate maintenance -- Grounds.
Status: in_force

(1) A married individual may bring a petition seeking separate maintenance from the married individual's spouse if: (a) the married individual, or the married individual's spouse, is a resident of this state; and (b) the married individual's spouse: (i) deserts the married individual without good and sufficient cause; (ii) being of sufficient ability to provide support, neglects or refuses to properly provide for and suitably maintain the married individual; (iii) has property within this state and deserts, neglects, or refuses to provide support to the married individual; or (iv) lives separate and apart from the married individual without any fault to the married individual. (2) If a petition is filed under Subsection (1), the court shall allot, assign, set apart, and decree as alimony the use of the real and personal estate or earnings of the respondent as the court may determine is appropriate. (3) During the pendency of the action, the court may require the respondent to pay a sum as provided in Section 81-1-203.
Utah Code § 81-13-402 — Utah Code / Title 81 / Chapter 81-13 / § 81-13-402
§ 81-13-402. Placement of an adoptee in custody of state -- Priority placement.
Status: in_force

(1) To provide a minor child, who is in the legal custody of the division, with the most beneficial family structure when the minor child is placed for adoption, the division or child-placing agency shall place the minor child with a married couple, unless: (a) there are no qualified married couples who: (i) have applied to adopt a minor child; (ii) are willing to adopt the minor child; and (iii) are an appropriate placement for the minor child; (b) the minor child is placed with a relative of the minor child; (c) the minor child is placed with an individual who has already developed a substantial relationship with the minor child; (d) the minor child is placed with an individual who: (i) is selected by a birth parent of the minor child, or a parent whose parental rights to the minor child have been terminated, if the parent consented to the adoption of the minor child; and (ii) the parent described in Subsection (1)(d)(i): (A) knew the individual with whom the minor child is placed before the parent consented to the adoption; or (B) became aware of the individual with whom the minor child is placed through a source other than the division or the child-placing agency that assists with the adoption of the minor child; or (iii) it is in the best interests of the minor child to place the minor child with a single adult. (2) Notwithstanding Sections 81-13-403 through 81-13-405, and except as provided in Subsection (3), an adoptee, who is a minor child or vulnerable adult in the legal custody of the state, may not be placed with a prospective foster parent or a prospective adoptive parent, unless, before the adoptee is placed with the prospective foster parent or the prospective adoptive parent: (a) a fingerprint based Federal Bureau of Investigation national criminal history records check is conducted on the prospective foster parent, prospective adoptive parent, and any other adult residing in the household; (b) the Department of Health and Human Services conducts a check of the child abuse and neglect registry in each state where the prospective foster parent or prospective adoptive parent resided in the five years immediately preceding the day on which the prospective foster parent or prospective adoptive parent applied to be a foster parent or adoptive parent, to determine whether the prospective foster parent or prospective adoptive parent is listed in the registry as having a substantiated or supported finding of child abuse or neglect; (c) the Department of Health and Human Services conducts a check of the child abuse and neglect registry of each state where each adult living in the home of the prospective foster parent or prospective adoptive parent described in Subsection (2)(b) resided in the five years immediately preceding the day on which the prospective foster parent or prospective adoptive parent applied to be a foster parent or adoptive parent, to determine whether the adult is listed in the registry as having a substantiated or supported finding of child abuse or neglect; and (d) each person required to undergo a background check described in this section passes the background check, pursuant to the provisions of Section 26B-2-120. (3) The requirements under Subsection (2) do not apply to the extent that: (a) federal law or rule permits otherwise; or (b) the requirements would prohibit the division or a court from placing an adoptee, who is a minor child or vulnerable adult in the legal custody of the state, with: (i) a noncustodial parent, under Section 80-2a-301, 80-3-302, or 80-3-303; or (ii) a relative, under Section 80-2a-301, 80-3-302, or 80-3-303, pending completion of the background check described in Subsection (2). (4) When an adoption petition is to be finalized in this state with regard to any prospective adoptive parent who is not a resident of this state at the time an adoptee, who is a minor child or vulnerable adult, is placed in the prospective adoptive parent's home, the prospective adoptive parent shall comply with Sections 81-13-403 through 81-13-405.
Utah Code § 81-8-705 — Utah Code / Title 81 / Chapter 81-8 / § 81-8-705
§ 81-8-705. Direct request.
Status: in_force

(1) (a) A petitioner may file a direct request seeking establishment or modification of a support order or determination of parentage of a child. (b) In the proceeding, the law of this state applies. (2) (a) A petitioner may file a direct request seeking recognition and enforcement of a support order or support agreement. (b) In the proceeding, Sections 81-8-706 through 81-8-713 apply. (3) In a direct request for recognition and enforcement of a convention support order or foreign support agreement: (a) a security, bond, or deposit is not required to guarantee the payment of costs and expenses; and (b) an obligee or obligor that in the issuing country has benefitted from free legal assistance is entitled to benefit, at least to the same extent, from any free legal assistance provided for by the law of this state under the same circumstances. (4) A petitioner filing a direct request is not entitled to assistance from the Utah Department of Health and Human Services. (5) This part does not prevent the application of laws of this state that provide simplified, more expeditious rules regarding a direct request for recognition and enforcement of a foreign support order or foreign support agreement.
Utah Code § 81-6-305 — Utah Code / Title 81 / Chapter 81-6 / § 81-6-305
§ 81-6-305. Low income table -- Obligor parent only -- Child support orders entered on or after January 1, 2023.
Status: in_force

The following table is used to: (1) establish a child support order entered for the first time on or after January 1, 2023; (2) modify a child support order entered for the first time on or after January 1, 2023; (3) modify a temporary judicial child support order established on or before December 31, 2022, if the new order is entered on or after January 1, 2023; or (4) modify a final child support order entered on or before December 31, 2022, if the modification is made on or after January 1, 2025.Individual Monthly Adjusted Gross IncomeNumber of Children123456FromTo0 - 5030303030303051 -100304050505050101 -150305075757575151 -75030557590100105751 -1,256601111511812012111,257 -1,270751381892262512641,271 -1,280761401912292542671,281 -1,290771411922312562691,291 -1,300771421942322582711,301 -1,310781431952342602731,311 -1,320791441972362622751,321 -1,330791451982382642771,331 -1,340801462002402662801,341 -1,350801482012412682821,351 -1,360951622162572842971,361 -1,370951632182592862991,371 -1,380961652192602883021,381 -1,390971662212622903041,391 -1,400971672232642923061,401 -1,410981682242662943081,411 -1,4201131832402823103251,421 -1,4301141852422843133271,431 -1,4401141862432863153291,441 -1,4501151872452883173311,451 -1,4601161892472903193341,461 -1,4701312052633073363511,471 -1,4801322062653093383531,481 -1,4901332072673113413551,491 -1,5001342092683133433581,501 -1,5101352102703153453601,511 -1,5201512272873323633781,521 -1,5301522282893353653801,531 -1,5401532302913373673831,541 -1,5501542312933393703851,551 -1,5601552332953413723881,561 -1,5701722503123593904061,571 -1,5801732513143613934081,581 -1,5901742533163643954111,591 -1,6001752553183663984141,601 -1,6101762563203684004161,611 -1,6201932743383874194351,621 -1,6301952763403894214381,631 -1,6401962773433914244401,641 -1,6501972793453944274431,651 -1,6601982813473964294461,661 -1,6702162993654154484651,671 -1,6802173013684184514681,681 -1,6902193033704204544711,691 -1,7002203043724234574731,701 -1,7102213063744254594761,711 -1,7202403253944454794961,721 -1,7302413273964474824991,731 -1,7402423293984504855021,741 -1,7502443314004534875051,751 -1,7602453334034554905081,761 -1,7702643524234755115281,771 -1,7802663544254785145311,781 -1,7902673564274815165341,791 -1,8002693584304845195371,801 -1,8102703604324865225401,811 -1,8202903804535075435611,821 -1,8302913824555105465651,831 -1,8402933854585135495681,841 -1,8502953874605155525711,851 -1,8602963894635185555741,861 -1,8703164094845405775961,871 -1,880318412486543580599 1,881 -1,8903204144895455836021,891 -1,9003214164925485866051,901 -1,9103234184945515896081,911 -1,920344440516573612631 1,921 -1,930346442519576615634 1,931 -1,9403484445215796186371,941 -1,9503494465245826216411,951 -1,9603514495275856246441,961 -1,9704715496086476671,971 -1,9804735526116506701,981 -1,9904755556146546741,991 -2,0004785576176576772,001 -2,0504805606206606802,051 -2,1005135956566977182,101 -2,1505466306937357562,151 -2,2005816677317747962,201 -2,2506167047708148362,251 -2,3008108558782,301 -2,3508979202,351 -2,4009642,401 -2,4501,008
Utah Code § 81-6-210 — Utah Code / Title 81 / Chapter 81-6 / § 81-6-210
§ 81-6-210. Award of tax exemption for a child.
Status: in_force

(1) There is no presumption as to which parent should be awarded the right to claim a child as an exemption for federal and state income tax purposes. (2) Unless the parties otherwise stipulate in writing, the court shall award in any final order the exemption on a case-by-case basis. (3) In awarding the exemption, the court shall consider: (a) as the primary factor, the relative contribution of each parent to the cost of raising the child; and (b) among other factors, the relative tax benefit to each parent. (4) (a) Notwithstanding Subsection (3), the court may not award any exemption to a parent if the parent is not current in the parent's child support obligation. (b) If a parent is not current in the parent's child support obligation under Subsection (4)(a), the court may award an exemption to the other parent. (5) An exemption may not be awarded to a parent unless the award will result in a tax benefit to that parent.
Utah Code § 81-5-403 — Utah Code / Title 81 / Chapter 81-5 / § 81-5-403
§ 81-5-403. Notice of proceeding.
Status: in_force

Notice of an adoption proceeding shall be given to an unmarried biological father as described in Section 81-13-207.
Utah Code § 81-2-208 — Utah Code / Title 81 / Chapter 81-2 / § 81-2-208
§ 81-2-208. Confidentiality of information obtained under counseling provisions.
Status: in_force

(1) Except for the information required or to be required on the marriage license application form, any information given by a marriage license applicant in compliance with this part: (a) shall be confidential information; and (b) may not be released by any person, board, commission, or other entity. (2) Notwithstanding Subsection (1), the premarital counseling board or board of commissioners may use the information given by a marriage license applicant, without identification of individuals, to compile and release statistical data.
Utah Code § 81-3-206 — Utah Code / Title 81 / Chapter 81-3 / § 81-3-206
§ 81-3-206. Enforcement -- Void marriage.
Status: in_force

If a marriage is determined to be void, an agreement that would otherwise have been a premarital agreement is enforceable only to the extent necessary to avoid an inequitable result.
Utah Code § 81-11-204 — Utah Code / Title 81 / Chapter 81-11 / § 81-11-204
§ 81-11-204. Temporary emergency jurisdiction.
Status: in_force

(1) A court of this state has temporary emergency jurisdiction if the minor child is present in this state and the minor child has been abandoned or it is necessary in an emergency to protect the minor child because the minor child, or a sibling or parent of the minor child, is subjected to or threatened with mistreatment or abuse. (2) (a) If there is no previous child custody determination that is entitled to be enforced under this chapter, and if no child custody proceeding has been commenced in a court of a state having jurisdiction under Sections 81-11-201 through 81-11-203, a child custody determination made under this section remains in effect until an order is obtained from a court of a state having jurisdiction under Sections 81-11-201 through 81-11-203. (b) If a child custody proceeding has not been or is not commenced in a court of a state having jurisdiction under Sections 81-11-201 through 81-11-203, a child custody determination made under this section becomes a final determination, if: (i) it so provides; and (ii) this state becomes the home state of the minor child. (3) (a) If there is a previous child custody determination that is entitled to be enforced under this chapter, or a child custody proceeding has been commenced in a court of a state having jurisdiction under Sections 81-11-201 through 81-11-203, any order issued by a court of this state under this section shall specify in the order a period of time which the court considers adequate to allow the person seeking an order to obtain an order from the state having jurisdiction under Sections 81-11-201 through 81-11-203. (b) The order issued in this state remains in effect until an order is obtained from the other state within the period specified or the period expires. (4) (a) A court of this state that has been asked to make a child custody determination under this section, upon being informed that a child custody proceeding has been commenced, or a child custody determination has been made, by a court of a state having jurisdiction under Sections 81-11-201 through 81-11-203, shall immediately communicate with the other court. (b) A court of this state that is exercising jurisdiction in accordance with Sections 81-11-201 through 81-11-203, upon being informed that a child custody proceeding has been commenced, or a child custody determination has been made by a court of another state under a statute similar to this section shall immediately communicate with the court of that state. (c) The purpose of the communication is to resolve the emergency, protect the safety of the parties and the minor child, and determine a period for the duration of the temporary order.
Utah Code § 81-5-504 — Utah Code / Title 81 / Chapter 81-5 / § 81-5-504
§ 81-5-504. Report of genetic testing.
Status: in_force

(1) (a) A report of genetic testing must be in a record and signed under penalty of perjury by a designee of the testing laboratory. (b) A report made under the requirements of this part is self-authenticating. (2) Documentation from the testing laboratory of the following information is sufficient to establish a reliable chain of custody that allows the results of genetic testing to be admissible without testimony: (a) the names and photographs of the individuals whose specimens have been taken; (b) the names of the individuals who collected the specimens; (c) the places and dates the specimens were collected; (d) the names of the individuals who received the specimens in the testing laboratory; (e) the dates the specimens were received; and (f) the fingerprints of the individuals whose specimens have been taken.
Utah Code § 81-11-210 — Utah Code / Title 81 / Chapter 81-11 / § 81-11-210
§ 81-11-210. Appearance of parties and child.
Status: in_force

(1) (a) A court of this state may order a party to a child custody proceeding who is in this state to appear before the court personally with or without the minor child. (b) The court may order any person who is in this state and who has physical custody or control of the minor child to appear physically with the minor child. (2) If a party to a child custody proceeding whose presence is desired by the court is outside this state, the court may order that a notice given in accordance with Section 81-11-107 include a statement directing the party to appear personally with or without the minor child and declaring that failure to appear may result in a decision adverse to the party. (3) The court may enter any orders necessary to ensure the safety of the minor child and of any person ordered to appear under this section. (4) If a party to a child custody proceeding who is outside this state is directed to appear under Subsection (2) or desires to appear personally before the court with or without the minor child, the court may require another party to pay reasonable and necessary travel and other expenses of the party so appearing and of the minor child.
Utah Code § 81-8-316 — Utah Code / Title 81 / Chapter 81-8 / § 81-8-316
§ 81-8-316. Special rules of evidence and procedure.
Status: in_force

(1) The physical presence of a nonresident party who is an individual in a tribunal of this state is not required for the establishment, enforcement, or modification of a support order or the rendition of a judgment determining parentage of a child. (2) An affidavit, a document substantially complying with federally mandated forms, or a document incorporated by reference in any of them, which would not be excluded under the hearsay rule if given in person, is admissible in evidence if given under penalty of perjury by a party or witness residing outside this state. (3) (a) A copy of the record of child support payments certified as a true copy of the original by the custodian of the record may be forwarded to a responding tribunal. (b) The copy is evidence of facts asserted in it and is admissible to show whether payments were made. (4) Copies of bills for testing for parentage of a child, and for prenatal and postnatal health care of the birth mother and child, furnished to the adverse party at least 10 days before trial, are admissible in evidence to prove the amount of the charges billed and that the charges were reasonable, necessary, and customary. (5) Documentary evidence transmitted from outside this state to a tribunal of this state by telephone, telecopier, or other electronic means that do not provide an original record may not be excluded from evidence on an objection based on the means of transmission. (6) (a) In a proceeding under this chapter, a tribunal of this state shall permit a party or witness residing outside this state to be deposed or to testify under penalty of perjury by telephone, audiovisual means, or other electronic means at a designated tribunal or other location. (b) A tribunal of this state shall cooperate with other tribunals in designating an appropriate location for the deposition or testimony. (7) If a party called to testify at a civil hearing refuses to answer on the ground that the testimony may be self-incriminating, the trier of fact may draw an adverse inference from the refusal. (8) A privilege against disclosure of communications between spouses does not apply in a proceeding under this chapter. (9) The defense of immunity based on the relationship of husband and wife or parent and child does not apply in a proceeding under this chapter. (10) A voluntary acknowledgment of paternity, certified as a true copy, is admissible to establish parentage of the child.
Utah Code § 81-5-604 — Utah Code / Title 81 / Chapter 81-5 / § 81-5-604
§ 81-5-604. Personal jurisdiction.
Status: in_force

(1) An individual may not be adjudicated to be a parent unless the tribunal has personal jurisdiction over the individual. (2) A tribunal of this state having jurisdiction to adjudicate parentage may exercise personal jurisdiction over a nonresident individual, or the guardian or conservator of the individual, if the conditions prescribed in Section 81-8-201 are fulfilled, or the individual has signed a declaration of paternity. (3) Lack of jurisdiction over one individual does not preclude the tribunal from making an adjudication of parentage binding on another individual over whom the tribunal has personal jurisdiction.
Utah Code § 81-4-203 — Utah Code / Title 81 / Chapter 81-4 / § 81-4-203
§ 81-4-203. Venue -- Procedure.
Status: in_force

(1) Notwithstanding Title 78B, Chapter 3a, Venue for Civil Actions, a petitioner shall bring an action under this part in any county in which the petitioner or respondent is found. (2) An action under this part shall proceed in accordance with the Utah Rules of Civil Procedure.
Utah Code § 81-2-407 — Utah Code / Title 81 / Chapter 81-2 / § 81-2-407
§ 81-2-407. Validity of a foreign marriage -- Exceptions.
Status: in_force

(1) As used in this section, "minor" means an individual who is younger than 18 years old. (2) A marriage solemnized in any other country, state, or territory, if valid where solemnized, is valid in this state, unless: (a) the marriage would be prohibited and declared void in this state under Subsection 81-2-403(1)(a); or (b) the marriage is between parties who are related to each other within and including three degrees of consanguinity, except as provided in Subsection 81-2-402(2). (3) Notwithstanding Subsection (2), a marriage solemnized in any other country, state, or territory, in which at least one of the parties of the marriage was a minor at the time of the marriage solemnization, is invalid in this state unless: (a) the minor was 16 or 17 years old at the time of the marriage solemnization; (b) the age difference between both parties to the marriage is not more than four years; (c) the minor obtained consent from a parent or guardian to enter the marriage; (d) the minor voluntarily entered the marriage; and (e) before the parties entered the marriage, a court provided written authorization for the marriage.
Utah Code § 81-15-119 — Utah Code / Title 81 / Chapter 81-15 / § 81-15-119
§ 81-15-119. Clarification of confirmed award.
Status: in_force

If the meaning or effect of an award confirmed under Section 81-15-115 is in dispute, the parties may: (1) agree to arbitrate the dispute before the original arbitrator or another arbitrator; or (2) proceed in court under a law of this state, other than this chapter, governing clarification of a judgment in a family law proceeding.
Utah Code § 81-2-304 — Utah Code / Title 81 / Chapter 81-2 / § 81-2-304
§ 81-2-304. Marriage of a minor -- Consent of parent or guardian -- Juvenile court authorization.
Status: in_force

(1) (a) If an applicant is a minor at the time of applying for a license, a county clerk may not issue a marriage license without the signed consent of the minor's parent or legal guardian given in person to the clerk, except that: (i) if the parents of the minor are divorced, consent shall be given by the parent having legal custody of the minor as evidenced by an oath of affirmation to the clerk; (ii) if the parents of the minor are divorced and have been awarded joint custody of the minor, consent shall be given by the parent having physical custody of the minor the majority of the time as evidenced by an oath of affirmation to the clerk; or (iii) if the minor is not in the custody of a parent, the legal guardian shall provide the consent and provide proof of guardianship by court order as well as an oath of affirmation. (b) Each applicant, and the minor's consenting parent or legal guardian if an applicant is a minor, shall appear in person before the county clerk and provide legal documentation to establish the following information: (i) the legal relationship between the minor and the minor's parent or legal guardian; (ii) the legal name and identity of the minor; and (iii) the birth date of each applicant. (c) An individual may present the following documents to satisfy a requirement described in Subsection (1)(b): (i) for verifying the legal relationship between the minor and the minor's parent or legal guardian, one of the following: (A) the minor's certified birth certificate with the name of the parent, and an official translation if the birth certificate is in a language other than English; (B) a report of a birth abroad with the name of the minor and the parent; (C) a certified adoption decree with the name of the minor and the parent; or (D) a certified court order establishing custody or guardianship between the minor and the parent or legal guardian; (ii) for verifying the legal name and identity of the minor, one of the following: (A) an expired or current passport; (B) a driver's license; (C) a certificate of naturalization; (D) a military identification (E) a state identification card; or (F) a government employee identification card from a federal, state, or municipal government; and (iii) for verifying the birth date of each applicant, one of the following for each applicant: (A) a certified birth certificate; (B) a report of a birth abroad; (C) a certificate of naturalization; (D) a certificate of citizenship; (E) a passport; (F) a driver's license; or (G) a state identification card. (d) An individual may not use a temporary or altered document to satisfy a requirement described in Subsection (1)(b). (2) (a) The minor and the parent or legal guardian of the minor shall obtain a written authorization to marry from: (i) a judge of the court exercising juvenile jurisdiction in the county where either party to the marriage resides; or (ii) a court commissioner as permitted by rule of the Judicial Council. (b) Before issuing written authorization for a minor to marry, the judge or court commissioner shall determine: (i) that the minor is entering into the marriage voluntarily; and (ii) the marriage is in the best interest of the minor under the circumstances. (c) The judge or court commissioner shall require that both parties to the marriage complete premarital counseling, except the requirement for premarital counseling may be waived if premarital counseling is not reasonably available. (d) The judge or court commissioner may require: (i) that the minor continue to attend school, unless excused under Section 53G-6-204; and (ii) any other conditions that the court deems reasonable under the circumstances. (e) The judge or court commissioner may not issue a written authorization for a minor to marry if the age difference between both parties to the marriage is more than four years. (f) The judge or court commissioner may not issue a written authorization for a minor to marry until at least 72 hours after the time at which the minor and the minor's parent or legal guardian file the petition for the written authorization. (3) (a) The determination required in Subsection (2) shall be made on the record. (b) Any inquiry conducted by the judge or commissioner may be conducted in chambers.
Utah Code § 81-15-127 — Utah Code / Title 81 / Chapter 81-15 / § 81-15-127
§ 81-15-127. Transitional provision.
Status: in_force

(1) This chapter applies to arbitration of a family law dispute under an arbitration agreement made on or after May 7, 2025. (2) If an arbitration agreement was made before May 7, 2025, the parties may agree in a record that this chapter applies to the arbitration.
Utah Code § 81-13-505 — Utah Code / Title 81 / Chapter 81-13 / § 81-13-505
§ 81-13-505. Adoption information -- Adoption records fees.
Status: in_force

(1) (a) The office may not disclose information maintained or filed with the office under this chapter unless the disclosure is permitted by this chapter or by a court order. (b) Any person who discloses information obtained from the office's voluntary adoption registry in violation of this part, or knowingly allows that information to be disclosed in violation of this chapter, is guilty of a class A misdemeanor. (2) (a) The office shall, in accordance with Section 63J-1-504, establish a fee to be paid by an individual who requests information or other services under Section 81-13-103 or 81-13-504, and to cover the costs related to providing the information, services, and improvements described in Subsection (2). (b) The office may accept donations or grants from public or private entities to cover the costs related to providing the information, services, and improvements described in Subsection (2). (3) The office shall deposit fees and donations collected under Subsection (2) into the General Fund as dedicated credits and may be used only to: (a) fund, automate, and improve the provision of services described in Sections 81-13-103 and 81-13-504; or (b) implement means of maximizing potential matches for the services described in Sections 81-13-103 and 81-13-504, including the use of broad search terms and methods.
Utah Code § 81-2-205 — Utah Code / Title 81 / Chapter 81-2 / § 81-2-205
§ 81-2-205. Conformity to master plan for counseling as prerequisite to marriage license -- Exceptions.
Status: in_force

Whenever a county has adopted a master plan for premarital counseling no resident of the county may obtain a marriage license without conforming to the plan, except that: (1) an individual who applies for a marriage license shall have the right to secure the license and to marry notwithstanding the individual's failure to conform to the required premarital counseling or the individual's failure to obtain a certificate of authorization from the premarital counseling board if the individual waits six months from the date of application for issuance of the license; (2) this part does not apply to any application for a marriage license where both parties are at least 19 years old and neither has been previously divorced; (3) this part does not apply to any application for a marriage license unless both applicants have physically resided in Utah for 60 days immediately preceding their application; or (4) premarital counseling required by this part is considered fulfilled if the applicants present a certificate verified by a clergyman that the applicants have completed a course of premarital counseling approved by a church and given by or under the supervision of the clergyman.
Utah Code § 81-11-308 — Utah Code / Title 81 / Chapter 81-11 / § 81-11-308
§ 81-11-308. Expedited enforcement of child custody determination.
Status: in_force

(1) (a) A petition under this part shall be verified. (b) Certified copies of all orders sought to be enforced and of the order confirming registration, if any, shall be attached to the petition. (c) A copy of a certified copy of an order may be attached instead of the original. (2) A petition for enforcement of a child custody determination shall state: (a) whether the court that issued the determination identified the jurisdictional basis the court relied upon in exercising jurisdiction and, if so, what the basis was; (b) whether the determination for which enforcement is sought has been vacated, stayed, or modified by a court whose decision shall be enforced under this chapter or federal law and, if so, identify the court, the case number of the proceeding, and the action taken; (c) whether any proceeding has been commenced that could affect the current proceeding, including proceedings relating to domestic violence, protective orders, termination of parental rights, and adoptions and, if so, identify the court and the case number and the nature of the proceeding; (d) the present physical address of the minor child and the respondent, if known; and (e) whether relief in addition to the immediate physical custody of the minor child and attorney fees is sought, including a request for assistance from law enforcement officials and, if so, the relief sought. (3) If the child custody determination has been registered and confirmed under Section 81-11-305, the petition shall also state the date and place of registration. (4) The court shall issue an order directing the respondent to appear with or without the minor child at a hearing and may enter any orders necessary to ensure the safety of the parties and the minor child. (5) (a) The hearing shall be held on the next judicial day following service of process unless that date is impossible. (b) In that event, the court shall hold the hearing on the first day possible. (c) The court may extend the date of hearing at the request of the petitioner. (6) The order shall: (a) state the time and place of the hearing; and (b) advise the respondent that at the hearing the court will order the delivery of the child and the payment of fees, costs, and expenses under Section 81-11-312. (7) The order may set an additional hearing to determine whether further relief is appropriate, unless the respondent appears and establishes that: (a) the child custody determination has not been registered and confirmed under Section 81-11-305, and that: (i) the issuing court did not have jurisdiction under Part 2, Jurisdiction; (ii) the child custody determination for which enforcement is sought has been vacated, stayed, or modified by a court of a state having jurisdiction to do so under Part 2, Jurisdiction, or federal law; or (iii) the respondent was entitled to notice, but notice was not given in accordance with the standards of Section 81-11-107 in the proceedings before the court that issued the order for which enforcement is sought; or (b) the child custody determination for which enforcement is sought was registered and confirmed under Section 81-11-305, but has been vacated, stayed, or modified by a court of a state having jurisdiction to do so under Part 2, Jurisdiction, or federal law.
Utah Code § 81-4-205 — Utah Code / Title 81 / Chapter 81-4 / § 81-4-205
§ 81-4-205. Restraining disposal of property.
Status: in_force

(1) At the time of the filing of a petition described in Section 81-4-202, or at any time subsequent to the filing of the petition, a party may procure from the court, and file with the county recorder of any county in the state in which the other party may own real estate, an order enjoining and restraining the other party from disposing of or encumbering the real estate or any portion of the real estate. (2) The party shall describe the real estate with reasonable certainty in a filing described in Subsection (1). (3) From the time in which a party receives a court order described in Subsection (1), the party has a lien in favor of the party to the extent of any judgment that is rendered in an action under this part.
Utah Code § 81-13-216 — Utah Code / Title 81 / Chapter 81-13 / § 81-13-216
§ 81-13-216. Postadoption contact agreement.
Status: in_force

(1) As used in this section: (a) "Postadoption contact agreement" means a document, agreed upon before the finalization of an adoption of a minor child, that outlines the relationship between an adoptive parent, birth parent, or other birth relative, and the minor child after the finalization of adoption. (b) "Other birth relative" means a grandparent, stepparent, sibling, stepsibling, aunt, or uncle of the child adoptee. (2) (a) Notwithstanding any other provision in this chapter, if a child adoptee is placed for adoption, the prospective adoptive parent and birth parent, or other birth relative, may enter into a postadoption contact agreement as provided in this section. (b) A birth parent is not required to be a party to a postadoption contact agreement in order to permit an open adoption agreement between a prospective adoptive parent and another birth relative of the child adoptee. (3) In order to be legally enforceable, a postadoption contact agreement shall be: (a) approved by the court before the finalization of the adoption, with the court making a specific finding that the agreement is in the best interest of the child adoptee; (b) signed by each party claiming a right or obligation in the agreement; and (c) if the child adoptee is 12 years old or older, approved by the child adoptee. (4) A postadoption contact agreement shall: (a) describe: (i) visits, if any, that shall take place between the birth parent, other birth relative, adoptive parent, and child adoptee; (ii) the degree of supervision, if any, that shall be required during a visit between a birth parent, other birth relative, and child adoptee; (iii) the information, if any, that shall be provided to a birth parent, or other birth relative, about the child adoptee and how often that information shall be provided; and (iv) the grounds, if any, on which the adoptive parent may: (A) decline to permit visits, described in Subsection (4)(a)(i), between the birth parent, or other birth relative, and child adoptee; or (B) cease providing the information described in Subsection (4)(a)(iii) to the birth parent or other birth relative; and (b) state that following the adoption, the court shall presume that the adoptive parent's judgment about the best interest of the child adoptee is correct in any action seeking to enforce, modify, or terminate the agreement. (5) A postadoption contact agreement may not limit the adoptive parent's ability to move out of state. (6) A postadoption contact agreement may only be modified with the consent of the adoptive parent. (7) In an action seeking enforcement of a postadoption contact agreement: (a) an adoptive parent's judgment about the best interest of the child adoptee is entitled to a presumption of correctness; (b) if the party seeking to enforce the postadoption contact agreement successfully rebuts the presumption described in Subsection (7)(a), the court shall consider whether: (i) the parties performed the duties outlined in the open adoption agreement in good faith; (ii) there is a reasonable alternative that fulfills the spirit of the open adoption agreement without ordering mandatory compliance with the open adoption agreement; and (iii) enforcement of the open adoption agreement is in the best interest of the child adoptee; and (c) the court shall order the parties to attend mediation, if the presumption in Subsection (7)(a) is successfully rebutted and mediation is in the child adoptee's best interest. (8) An open adoption agreement that has been found not to be in the best interest of the child adoptee shall not be enforced. (9) Violation of an open adoption agreement is not grounds: (a) to set aside an adoption; or (b) for an award of money damages. (10) Nothing in this section shall be construed to mean that an open adoption agreement is required before an adoption may be finalized. (11) Refusal or failure to agree to a postadoption contact agreement is not admissible in any adoption proceeding. (12) The court that approves a postadoption contact agreement retains jurisdiction over modification, termination, and enforcement of an approved postadoption contact agreement.
Utah Code § 81-13-303 — Utah Code / Title 81 / Chapter 81-13 / § 81-13-303
§ 81-13-303. Notice of adoption of an adult.
Status: in_force

(1) (a) Except as provided in Subsection (1)(c), a petitioner in an adoption proceeding shall serve notice of the proceeding on: (i) the adult adoptee; (ii) the spouse of the petitioner if the petitioner is married; (iii) any legally appointed guardian or custodian of the adult adoptee; and (iv) the spouse of the adult adoptee if the adult adoptee is married. (b) The petitioner shall serve the notice described in Subsection (1)(a) at least 30 days before the day on which the adoption is finalized. (c) The notice described in Subsection (1)(a) may be waived, in writing, by the person entitled to receive notice. (2) The notice described in Subsection (1): (a) shall specifically state that the person served must respond to the petition within 30 days of service if the person intends to intervene in the adoption proceeding; (b) shall state the name of the adult adoptee; (c) may not state the name of a person adopting the adult adoptee, unless the person consents, in writing, to disclosure of the person's name; (d) with regard to a person described in Subsection (1)(a): (i) except as provided in Subsection (2)(a), shall be in accordance with the provisions of the Utah Rules of Civil Procedure; and (ii) may not be made by publication; and (e) with regard to the spouse of the adult adoptee, may be made: (i) in accordance with the provisions of the Utah Rules of Civil Procedure; (ii) by certified mail, return receipt requested; or (iii) by publication, posting, or other means if: (A) the service described in Subsection (2)(e)(ii) cannot be completed after two attempts; and (B) the court issues an order providing for service by publication, posting, or other means. (3) Proof of service of the notice on each person to whom notice is required by this section shall be filed with the court before the adoption is finalized. (4) (a) Any person who is served with notice of a proceeding for the adoption of an adult adoptee and who wishes to intervene in the adoption shall file a motion in the adoption proceeding: (i) within 30 days after the day on which the person is served with notice of the adoption proceeding; (ii) that sets forth the specific relief sought; and (iii) that is accompanied by a memorandum specifying the factual and legal grounds upon which the motion is made. (b) A person who fails to file the motion described in Subsection (4)(a) within the time described in Subsection (4)(a)(i): (i) waives any right to further notice of the adoption proceeding; and (ii) is barred from intervening in, or bringing or maintaining any action challenging, the adoption proceeding. (5) Except as provided in Subsection (6), after a court enters a final decree of adoption of an adult adoptee, the adult adoptee shall: (a) serve notice of the finalization of the adoption, in accordance with the Utah Rules of Civil Procedure, on each person who was a legal parent of the adult adoptee before the final decree of adoption described in this Subsection (5) was entered; and (b) file with the court proof of service of the notice described in Subsection (5)(a). (6) A court may waive the notification requirement described in Subsection (5) upon a finding of good cause.
Utah Code § 81-7-103 — Utah Code / Title 81 / Chapter 81-7 / § 81-7-103
§ 81-7-103. Collection fee for past due child support or alimony.
Status: in_force

(1) As used in this section: (a) "Debtor" means a person obligated or allegedly obligated to pay a domestic relations debt. (b) "Domestic relations debt" means an obligation or alleged obligation to pay past due child support or alimony. (2) (a) A court shall order the amounts described in Subsection (2)(b) be paid, if: (i) the court issues a judgment requiring the payment of a domestic relations debt by the debtor; (ii) imposing a collection fee on the debtor or in relation to the domestic relations debt is not prohibited or otherwise restricted by another federal or state law; and (iii) the person owed the domestic relations debt has a contingency arrangement with an attorney to collect the domestic relations debt. (b) If the conditions of Subsection (2)(a) are met, a court shall order payment of: (i) the principal amount due; (ii) applicable interest; (iii) a collection fee equal to the amount provided in the contingency agreement, except that the collection fee may not exceed the lesser of: (A) the actual amount the person owed the domestic relations debt is required to pay for collection costs, regardless of whether that amount is a specific dollar amount or a percentage of the principal amount owed for the domestic relations debt; or (B) 40% of the principal amount owed to the person for the domestic relations debt; (iv) reasonable attorney fees; and (v) costs, if any, related to obtaining the judgment described in Subsection (2)(a)(i). (3) The obligation to pay a collection fee described in Subsection (2)(b)(iii) is incurred at the time the person owed a domestic relations debt enters into an agreement with an attorney to collect the domestic relations debt. (4) An obligation to pay a collection fee imposed under this section is in addition to any obligation to pay reasonable attorney fees that may exist. (5) The Office of Recovery Services may not collect an order issued pursuant to Subsection (2).
Utah Code § 81-5-615 — Utah Code / Title 81 / Chapter 81-5 / § 81-5-615
§ 81-5-615. Admission of parentage authorized.
Status: in_force

(1) A respondent in a proceeding to adjudicate parentage may admit to the parentage of a child by filing a pleading to that effect or by admitting parentage under penalty of perjury when making an appearance or during a hearing. (2) If the tribunal finds that the admission of parentage satisfies the requirements of this section and finds that there is no reason to question the admission, the tribunal shall issue an order adjudicating the child to be the child of the man admitting parentage.
Utah Code § 81-9-504 — Utah Code / Title 81 / Chapter 81-9 / § 81-9-504
§ 81-9-504. Custody evaluator responsibilities -- Communication between a custody evaluator and parties.
Status: in_force

(1) A custody evaluator shall: (a) remain impartial; (b) disclose to the court and each party any conflicts of interest the custody evaluator has with either party; and (c) immediately notify the Administrative Office of the Courts of any changes in licensure status. (2) A custody evaluator may not act as an advocate for either party. (3) If a custody evaluator is assigned to a proceeding involving domestic violence, sexual abuse, substance abuse, or mental illness, and the custody evaluator lacks specialized training on the issue, the custody evaluator shall: (a) consult with an individual with specialized training on the issue; (b) assess, in the custody evaluation, any potential danger to a party or minor child arising from the issue; and (c) include, in the custody evaluation, the name of the individual with whom the custody evaluator consulted and the results of the consultation. (4) If a custody evaluator assigned to a proceeding has conducted fewer than three custody evaluations, the custody evaluator shall consult with another custody evaluator who can review, instruct, and provide feedback during the custody evaluation process. (5) When a court appoints a custody evaluator, a party and a custody evaluator may not communicate with each other without providing notice of the communication to the other party, except to the extent reasonably necessary to conduct the custody evaluation ordered by the court.
Utah Code § 81-4-201 — Utah Code / Title 81 / Chapter 81-4 / § 81-4-201
§ 81-4-201. Definitions for part.
Status: in_force

As used in this part: (1) "Petitioner" means an individual who brings a petition for separate maintenance. (2) "Respondent" means the individual against whom a petition for separate maintenance is brought.
Utah Code § 81-6-306 — Utah Code / Title 81 / Chapter 81-6 / § 81-6-306
§ 81-6-306. Minimal child care award table -- Child support orders on or after January 1, 2027.
Status: in_force

The following table is used to: (1) establish a minimal child care award for a child support order established on or after January 1, 2027, if the low income table was not used in the calculation of child support; and (2) modify a minimal child care award for a child support order modified on or after January 1, 2027.Combined Monthly Adjusted Gross IncomeAge of the Child0 to 23 Months Old2 to 3 Years Old4 to 5 Years Old6 to 12 Years OldFromTo$0-$4,752$225$263$263$204$4,573-$6,911$325$313$300$300$6,912-$10,140$410$338$338$305$10,141-$14,999$420$345$345$325$15,000-More than $15,000$450$375$375$363
Utah Code § 81-13-404 — Utah Code / Title 81 / Chapter 81-13 / § 81-13-404
§ 81-13-404. Postplacement adoptive evaluations.
Status: in_force

(1) Except as provided in Subsections (2) and (3), a postplacement evaluation shall be conducted and submitted to the court before the final hearing in an adoption proceeding for a minor child or a vulnerable adult. (2) The postplacement evaluation under Subsection (1) shall include: (a) verification of the allegations of fact contained in the petition for adoption; (b) an evaluation of the progress of the adoptee's placement in the adoptive home; and (c) a recommendation regarding whether the adoption is in the best interest of the adoptee. (3) The exemptions from and requirements for evaluations, described in Subsections 81-13-403(1)(c), (2)(c), (6), and (8), also apply to postplacement adoptive evaluations. (4) Upon the request of the petitioner, the court may waive the postplacement adoptive evaluation, unless the court determines that it is in the best interest of the adoptee to require the postplacement evaluation.
Utah Code § 81-10-503 — Utah Code / Title 81 / Chapter 81-10 / § 81-10-503
§ 81-10-503. Savings clause.
Status: in_force

This chapter does not affect the validity of a temporary court order concerning custodial responsibility during deployment that was entered before May 10, 2016.
Utah Code § 81-15-107 — Utah Code / Title 81 / Chapter 81-15 / § 81-15-107
§ 81-15-107. Qualification and selection of arbitrator.
Status: in_force

(1) Except as otherwise provided in Subsection (2), and unless waived in a record by the parties, an arbitrator shall be: (a) an attorney in good standing admitted to practice law or on inactive status in this state or another state; and (b) trained in identifying domestic violence and child abuse according to the requirements established by Section 78A-2-232 for a judicial officer assigned to hear a family law proceeding. (2) The identification in the arbitration agreement of an arbitrator, arbitration organization, or method of selection of the arbitrator controls. (3) If an arbitrator is unable or unwilling to act or if the agreed upon method of selecting an arbitrator fails, the court shall select an arbitrator on a motion of a party.
Utah Code § 81-12-107 — Utah Code / Title 81 / Chapter 81-12 / § 81-12-107
§ 81-12-107. Provisions and measures to prevent abduction.
Status: in_force

(1) If a petition is filed under this chapter, the court may enter an order that must include: (a) the basis for the court's exercise of jurisdiction; (b) the manner in which notice and opportunity to be heard were given to the persons entitled to notice of the proceeding; (c) a detailed description of each party's custody and visitation rights and residential arrangements for the minor child; (d) a provision stating that a violation of the order may subject the party in violation to civil and criminal penalties; and (e) identification of the minor child's country of habitual residence at the time of the issuance of the order. (2) (a) If, at a hearing on a petition under this chapter or on the court's own motion, the court after reviewing the evidence finds a credible risk of abduction of the minor child, the court shall enter an abduction prevention order. (b) The order must include the provisions required by Subsection (1) and measures and conditions, including those in Subsections (3), (4), and (5), that are reasonably calculated to prevent abduction of the minor child, giving due consideration to the custody, visitation, and parent-time rights of the parties. (c) The court shall consider the age of the minor child, the potential harm to the minor child from an abduction, the legal and practical difficulties of returning the minor child to the jurisdiction if abducted, and the reasons for the potential abduction, including evidence of domestic violence, stalking, or child abuse or neglect. (3) An abduction prevention order may include one or more of the following: (a) an imposition of travel restrictions that require that a party traveling with the minor child outside a designated geographical area provide the other party with the following: (i) the travel itinerary of the minor child; (ii) a list of physical addresses and telephone numbers at which the minor child can be reached at specified times; and (iii) copies of all travel documents; (b) a prohibition of the respondent directly or indirectly: (i) removing the minor child from this state, the United States, or another geographic area without permission of the court or the petitioner's written consent; (ii) removing or retaining the minor child in violation of a child custody determination; (iii) removing the minor child from school or a child-care or similar facility; or (iv) approaching the minor child at any location other than a site designated for supervised visitation; (c) a requirement that a party to register the order in another state as a prerequisite to allowing the child to travel to that state; (d) with regard to the minor child's passport: (i) a direction that the petitioner place the minor child's name in the United States Department of State's Child Passport Issuance Alert Program; (ii) a requirement that the respondent surrender to the court or the petitioner's attorney any United States or foreign passport issued in the minor child's name, including a passport issued in the name of both the parent and the minor child; and (iii) a prohibition upon the respondent from applying on behalf of the minor child for a new or replacement passport or visa; (e) as a prerequisite to exercising custody, visitation, or parent-time, a requirement that the respondent provide: (i) to the United States Department of State Office of Children's Issues and the relevant foreign consulate or embassy, an authenticated copy of the order detailing passport and travel restrictions for the minor child; (ii) to the court: (A) proof that the respondent has provided the information in Subsection (3)(e)(i); and (B) an acknowledgment in a record from the relevant foreign consulate or embassy that no passport application has been made, or passport issued, on behalf of the minor child; (iii) to the petitioner, proof of registration with the United States Embassy or other United States diplomatic presence in the destination country and with the Central Authority for the Hague Convention on the Civil Aspects of International Child Abduction, if that convention is in effect between the United States and the destination country, unless one of the parties objects; and (iv) a written waiver under the Privacy Act, 5 U.S.C. Section 552a, with respect to any document, application, or other information pertaining to the minor child authorizing its disclosure to the court and the petitioner; and (f) upon the petitioner's request, a requirement that the respondent obtain an order from the relevant foreign country containing terms identical to the child custody determination issued in the United States. (4) In an abduction prevention order, the court may impose conditions on the exercise of custody or visitation that: (a) limit visitation or require that visitation with the minor child by the respondent be supervised until the court finds that supervision is no longer necessary and order the respondent to pay the costs of supervision; (b) require the respondent to post a bond or provide other security in an amount sufficient to serve as a financial deterrent to abduction, the proceeds of which may be used to pay for the reasonable expenses of recovery of the minor child, including reasonable attorney fees and costs if there is an abduction; and (c) require the respondent to obtain education on the potentially harmful effects to the minor child from abduction. (5) To prevent imminent abduction of a minor child, a court may: (a) issue a warrant to take physical custody of the minor child under Section 81-12-108 or the law of this state other than this chapter; (b) direct the use of law enforcement to take any action reasonably necessary to locate the minor child, obtain return of the minor child, or enforce a custody determination under this chapter or the law of this state other than this chapter; or (c) grant any other relief allowed under the law of this state other than this chapter. (6) The remedies provided in this chapter are cumulative and do not affect the availability of other remedies to prevent abduction.
Utah Code § 81-9-202 — Utah Code / Title 81 / Chapter 81-9 / § 81-9-202
§ 81-9-202. Advisory guidelines for a custody and parent-time arrangement.
Status: in_force

1/1/2027 (1) In addition to the parent-time schedules provided in Sections 81-9-302 and 81-9-304, the following advisory guidelines are suggested to govern a custody and parent-time arrangement between parents. (2) A parent-time schedule mutually agreed upon by both parents is preferable to a court-imposed solution. (3) A parent-time schedule shall be used to maximize the continuity and stability of the minor child's life. (4) Each parent shall give special consideration to make the minor child available to attend family functions including funerals, weddings, family reunions, religious holidays, important ceremonies, and other significant events in the life of the minor child or in the life of either parent which may inadvertently conflict with the parent-time schedule. (5) (a) The court shall determine the responsibility for the pick up, delivery, and return of the minor child when the parent-time order is entered. (b) The court may change the responsibility described in Subsection (5)(a) at any time a subsequent modification is made to the parent-time order. (c) If the noncustodial parent will be providing transportation, the custodial parent shall: (i) have the minor child ready for parent-time at the time the minor child is to be picked up; and (ii) be present at the custodial home or make reasonable alternate arrangements to receive the minor child at the time the minor child is returned. (d) If the custodial parent will be transporting the minor child, the noncustodial parent shall: (i) be at the appointed place at the time the noncustodial parent is to receive the minor child; and (ii) have the minor child ready to be picked up at the appointed time and place or have made reasonable alternate arrangements for the custodial parent to pick up the minor child. (6) A parent may not interrupt regular school hours for a school-age minor child for the exercise of parent-time. (7) The court may: (a) make alterations in the parent-time schedule to reasonably accommodate the work schedule of both parents; and (b) increase the parent-time allowed to the noncustodial parent but may not diminish the standardized parent-time provided in Sections 81-9-302 and 81-9-304. (8) The court may make alterations in the parent-time schedule to reasonably accommodate the distance between the parties and the expense of exercising parent-time. (9) A parent may not withhold parent-time or child support due to the other parent's failure to comply with a court-ordered parent-time schedule. (10) (a) The custodial parent shall notify the noncustodial parent within 24 hours of receiving notice of all significant school, social, sports, and community functions in which the minor child is participating or being honored. (b) The noncustodial parent is entitled to attend and participate fully in the functions described in Subsection (10)(a). (c) The noncustodial parent shall have access directly to all school reports including preschool and daycare reports and medical records. (d) A parent shall immediately notify the other parent in the event of a medical emergency. (11) Each parent shall provide the other with the parent's current address and telephone number, email address, and other virtual parent-time access information within 24 hours of any change. (12) (a) Each parent shall permit and encourage, during reasonable hours, reasonable and uncensored communications with the minor child, in the form of mail privileges and virtual parent-time if the equipment is reasonably available. (b) If the parents cannot agree on whether the equipment is reasonably available, the court shall decide whether the equipment for virtual parent-time is reasonably available by taking into consideration: (i) the best interests of the minor child; (ii) each parent's ability to handle any additional expenses for virtual parent-time; and (iii) any other factors the court considers material. (13) (a) Parental care is presumed to be better care for the minor child than surrogate care. (b) The court shall encourage the parties to cooperate in allowing the noncustodial parent, if willing and able to transport the minor child, to provide the child care. (c) Child care arrangements existing during the marriage are preferred as are child care arrangements with nominal or no charge. (14) Each parent shall: (a) provide all surrogate care providers with the name, current address, and telephone number of the other parent; and (b) provide the noncustodial parent with the name, current address, and telephone number of all surrogate care providers unless the court for good cause orders otherwise. (15) (a) Each parent is entitled to an equal division of major religious holidays celebrated by the parents. (b) The parent who celebrates a religious holiday that the other parent does not celebrate shall have the right to be together with the minor child on the religious holiday. (16) If the minor child is on a different parent-time schedule than a sibling, based on Sections 81-9-302 and 81-9-304, the parents should consider if an upward deviation for parent-time with all the minor children so that parent-time is uniform between school aged and nonschool aged children, is appropriate. (17) (a) When one or both parents are servicemembers or contemplating joining a uniformed service, the parents should resolve issues of custodial responsibility in the event of deployment as soon as practicable through reaching a voluntary agreement pursuant to Section 81-10-201 or through court order obtained pursuant to this part. (b) Service members shall ensure their family care plan reflects orders and agreements entered and filed pursuant to Chapter 10, Uniform Deployed Parents Custody, Parent-Time, and Visitation Act. (18) A parent shall immediately notify the other parent if: (a) the parent resides with an individual or provides an individual with access to the minor child; and (b) the parent knows that the individual: (i) is required to register as a sex offender, a kidnap offender, or a child abuse offender for an offense committed against a minor child under Title 53, Chapter 29, Sex, Kidnap, and Child Abuse Offender Registry; or (ii) has been convicted of an offense described in: (A) Section 76-5-109, child abuse; (B) Section 76-6-109.2, aggravated child abuse; (C) Section 76-5-109.3, child abandonment; (D) Section 76-5-109.4, child torture; (E) Section 76-5-114, commission of domestic violence in the presence of a child; (F) Section 76-5-208, child abuse homicide; (G) Title 76, Chapter 5, Part 3, Kidnapping, Trafficking, and Smuggling, for which the victim was younger than 18 years old; (H) Title 76, Chapter 5, Part 4, Sexual Offenses, for which the victim was younger than 18 years old; or (I) Title 76, Chapter 5b, Sexual Exploitation Act, for which the victim was younger than 18 years old; or (iii) has been convicted of an offense that is substantially similar to an offense under Subsection (18)(b)(ii). (19) (a) For emergency purposes, whenever the minor child travels with a parent, the parent shall provide the following information to the other parent: (i) an itinerary of travel dates; (ii) destinations; (iii) places where the minor child or traveling parent can be reached; and (iv) the name and telephone number of an available third person who would be knowledgeable of the minor child's location. (b) The notification requirement described in Subsection (19)(a) does not apply if there is a protective order or stalking injunction in effect that prohibits a parent from contacting the other parent. (c) Unchaperoned travel of a minor child under five years old is not recommended.
Utah Code § 81-5-508 — Utah Code / Title 81 / Chapter 81-5 / § 81-5-508
§ 81-5-508. Genetic testing when specimens not available.
Status: in_force

(1) Subject to Subsection (2), if a genetic-testing specimen is not available from a man who may be the father of a child, for good cause and under extraordinary circumstances the tribunal considers to be just, the tribunal may order the following individuals to submit specimens for genetic testing: (a) the parents of the man; (b) brothers and sisters of the man; (c) other children of the man and their mothers; and (d) other relatives of the man necessary to complete genetic testing. (2) Issuance of an order under this section requires a finding that a need for genetic testing outweighs the legitimate interests of the individual sought to be tested.
Utah Code § 81-4-503 — Utah Code / Title 81 / Chapter 81-4 / § 81-4-503
§ 81-4-503. Imputed income for payee for alimony purposes -- No recent work history or disability.
Status: in_force

(1) Notwithstanding the provisions of Section 81-4-502 or 81-6-203, the court may, in determining imputation of income to a payee, apply the provisions of this section if the payee: (a) has diminished workplace experience, that resulted from an agreement between the spouses that the payee reduce the payee's workplace experience to care for a minor child of the payor; or (b) has been diagnosed with a disability that has caused a reduction in the payee's workplace experience. (2) If a payee meets the requirements of Subsection (1)(a) or (b), the court: (a) may consider reasonable efforts made by the payee to improve the payee's employment situation and any reasonable barrier to obtaining or retaining employment; and (b) is not required to consider that the payee may be underemployed if the payee is employed and has shown reasonable barriers to improving the payee's employment. (3) (a) In making an income imputation under this section, the court may use relevant provisions of Section 81-6-203, provided that the provision is not contrary to the requirements of this section. (b) When considering what constitutes a reasonable barrier to obtaining or retaining employment, the court: (i) may include in its analysis a determination of the length of time that is considered by the court to be recent as it relates to a payee's work history, training, or education under this section; (ii) may consider whether the payee: (A) is fully competitive against other employment applicants whose work history, training, or education is current; and (B) in the case of a disability, is fully competitive against other employment applicants who do not have a disability; and (iii) may impute any income as it relates to employment for which the spouse is fully competitive and has not shown any reasonable barriers to obtain. (c) If the court imputes any income to a payee who qualifies for income determination under this section, the court shall enter specific findings of fact as to the evidentiary basis for imputing the income. (4) (a) After a divorce decree has been entered, subject to the requirements of Section 81-4-504, the court may review an income imputation to a payee under this section. (b) A payee's showing that barriers have prevented significant improvement of the payee's employment situation, despite reasonable efforts on the part of the payee to improve the payee's employment situation, may, in the court's determination, constitute a substantial material change in circumstances and eligibility to review an income imputation under this section.
Utah Code § 81-6-108 — Utah Code / Title 81 / Chapter 81-6 / § 81-6-108
§ 81-6-108. Waiver and estoppel.
Status: in_force

(1) Waiver and estoppel shall apply only to the obligee when there is no order already established by a tribunal if the obligee freely and voluntarily waives support specifically and in writing. (2) Waiver and estoppel may not be applied against any third party or public entity that may provide support for the child. (3) An obligor, or alleged biological father in a paternity action, may not rely on statements made by the obligee concerning child support unless the statements are reduced to writing and signed by both parties.