Utah Code § 81-13-201 — Utah Code / Title 81 / Chapter 81-13 / § 81-13-201
§ 81-13-201. Definitions for part.
Status: in_force

As used in this part, "sexual offense" means: (1) "Sexual offense" means: (a) an offense described in Title 76, Chapter 5, Part 4, Sexual Offenses; or (b) an offense under the laws of the state where the minor child was conceived that is substantially similar to an offense described in Title 76, Chapter 5, Part 4, Sexual Offenses. (2) "Sexual offense" does not include: (a) an offense described in Section 76-5-417, 76-5-418, 76-5-419, or 76-5-420; or (b) an offense under the laws of the state where the minor child was conceived that is substantially similar to an offense described in Section 76-5-417, 76-5-418, 76-5-419, or 76-5-420.
Utah Code § 81-3-207 — Utah Code / Title 81 / Chapter 81-3 / § 81-3-207
§ 81-3-207. Limitations of actions.
Status: in_force

Any statute of limitations applicable to an action asserting a claim for relief under a premarital agreement is tolled during the marriage of the parties to the agreement.
Utah Code § 81-8-507 — Utah Code / Title 81 / Chapter 81-8 / § 81-8-507
§ 81-8-507. Administrative enforcement of orders.
Status: in_force

(1) A party or child support services agency seeking to enforce a support order or an income-withholding order, or both, issued in another state, or seeking to enforce a foreign support order, may send the documents required for registering the order to a child support services agency of this state. (2) (a) (i) Upon receipt of the documents, the child support services agency, without initially seeking to register the order, shall consider and, if appropriate, use any administrative procedure authorized by the law of this state to enforce a support order or an income-withholding order, or both. (ii) If the obligor does not contest administrative enforcement, the order need not be registered. (b) If the obligor contests the validity or administrative enforcement of the order, the child support services agency shall register the order in accordance with this chapter.
Utah Code § 81-13-305 — Utah Code / Title 81 / Chapter 81-13 / § 81-13-305
§ 81-13-305. Final decree of adoption of an adult -- Agreement by adoptive parent or parents.
Status: in_force

(1) Before entering a final decree of adoption of an adult adoptee, the court shall examine separately each person appearing before the court in accordance with this chapter. (2) If the court is satisfied that the interests of the adult adoptee will be promoted by the adoption, the court shall enter a final decree of adoption declaring that: (a) the adult adoptee is adopted by the adoptive parent or parents; and (b) the adult adoptee is regarded and treated in all respects as the child of the adoptive parent or parents. (3) Before the court enters a final decree of adoption of an adult adoptee, the prospective adoptive parent or parents and the adult adoptee shall: (a) appear before the court; (b) execute a consent to the adoption as described in Section 81-13-304; and (c) execute an agreement stating that the adult adoptee shall be adopted and treated in all respects as the adoptive parent's or parents' own lawful child. (4) When a final decree of adoption is entered, the adult adoptee may take the family name of the adoptive parent or parents. (5) After a final decree of adoption is entered, the adoptive parent or parents and the adult adoptee shall: (a) sustain the legal relationship of a parent and child; and (b) have all the rights and be subject to all the duties of a parent-child relationship.
Utah Code § 81-13-214 — Utah Code / Title 81 / Chapter 81-13 / § 81-13-214
§ 81-13-214. Persons who may take consents and relinquishments.
Status: in_force

(1) A birth mother shall sign a consent or relinquishment, or a child adoptee shall sign a consent, before: (a) a judge of any court that has jurisdiction over adoption proceedings; (b) subject to Subsection (6), a person appointed by the judge described in Subsection (1)(a) to take consents or relinquishments; or (c) subject to Subsection (6), a person who is authorized by a child-placing agency to take consents or relinquishments if the consent or relinquishment grants legal custody of the child adoptee to a child-placing agency or an extra-jurisdictional child-placing agency. (2) If the consent or relinquishment of a birth mother or child adoptee is taken out of state, the birth mother or child adoptee shall sign the consent or relinquishment before: (a) subject to Subsection (6), a person who is authorized by a child-placing agency to take consents or relinquishments if the consent or relinquishment grants legal custody of the child adoptee to a child-placing agency or an extra-jurisdictional child-placing agency; (b) subject to Subsection (6), a person authorized or appointed to take consents or relinquishments by a court of this state that has jurisdiction over adoption proceedings; (c) a court that has jurisdiction over adoption proceedings in the state where the consent or relinquishment is taken; or (d) a person authorized to take consents or relinquishments of a birth mother or child adoptee under the laws of the state where the consent or relinquishment is taken. (3) A person described in Subsection 81-13-211(1) that is not the birth mother or the child adoptee may sign a consent or relinquishment before a notary public or any person authorized to take a consent or relinquishment under Subsection (1) or (2). (4) A person, authorized by Subsection (1) or (2) to take consents or relinquishments, shall certify to the best of the person's information and belief that the person executing the consent or relinquishment has read and understands the consent or relinquishment and has signed the consent or relinquishment freely and voluntarily. (5) A person executing a consent or relinquishment is entitled to receive a copy of the consent or relinquishment. (6) A signature described in Subsection (1)(b), (1)(c), (2)(a), or (2)(b), shall be: (a) notarized; or (b) witnessed by two individuals who are not members of the birth mother's or the child adoptee's immediate family. (7) Except as provided in Subsection 26B-2-127(2), a transfer of relinquishment from one child-placing agency to another child-placing agency shall be signed before a notary public.
Utah Code § 81-9-209 — Utah Code / Title 81 / Chapter 81-9 / § 81-9-209
§ 81-9-209. Notice of relocation -- Effect of relocation on parent-time schedule.
Status: in_force

(1) As used in this section, "relocation" means moving 150 miles or more from the residence of the other parent. (2) The relocating parent shall provide written notice to the other parent at least 60 days before the day on which the relocating parent intends to relocate. (3) The written notice of relocation described in Subsection (2) shall contain statements affirming: (a) the parent-time provisions in Subsection (9) or a parent-time schedule approved by both parties will be followed; and (b) that a parent will not interfere with the other's parental rights pursuant to court ordered parent-time arrangements or the parent-time schedule approved by both parties. (4) Upon a motion of any party or upon the court's own motion, the court shall schedule a hearing with notice to: (a) review the notice of relocation and the relevant parent-time schedule under Section 81-9-302 or 81-9-304; and (b) make appropriate orders regarding the parent-time schedule and costs for parent-time transportation. (5) In a hearing to review the notice of relocation, the court shall, in determining if the relocation of a custodial parent is in the best interest of the minor child, consider any other factors that the court considers relevant to the determination. (6) If the court determines that relocation is not in the best interest of the minor child, and the custodial parent relocates, the court may order a change of custody. (7) (a) If the court finds that the relocation is in the best interest of the minor child, the court shall determine the parent-time schedule and allocate the transportation costs that will be incurred for the minor child to visit the noncustodial parent. (b) In making a determination under Subsection (7)(a), the court shall consider: (i) the reason for the parent's relocation; (ii) the additional costs or difficulty to both parents in exercising parent-time; (iii) the economic resources of both parents; and (iv) other factors the court considers necessary and relevant. (8) If a parent relocates because of an act of domestic violence or family violence by the other parent, the court shall make specific findings and orders with regard to the application of this section. (9) Unless otherwise ordered by the court, and upon the relocation of one of the parties, the following schedule is the minimum parent-time that the noncustodial parent is entitled to a minor child who is five to 18 years old: (a) in years ending in an odd number, the minor child shall spend the following holidays with the noncustodial parent: (i) (A) fall break if the minor child's school dismisses for a fall break, beginning on the day that school dismisses for fall break and ending on the day before school resumes; or (B) Labor Day if the minor child's school does not dismiss for a fall break, beginning on the day that school dismisses for Labor Day and ending on the day before school resumes; and (ii) the entire winter break period, beginning on the day that school dismisses for the winter break and ending on the day before school resumes; (b) in years ending in an even number, the minor child shall spend the following holidays with the noncustodial parent: (i) (A) spring break, beginning on the day that school dismisses for the spring break and ending on the day before school resumes; or (B) Presidents' Day if the minor child's school does not dismiss for a spring break, beginning on the day that school dismisses for Presidents' Day and ending on the day before school resumes; and (ii) Thanksgiving, beginning on the day that school dismisses for Thanksgiving and ending on the day before school resumes; (c) extended parent-time equal to 1/2 of the summer or off-track time for consecutive weeks with: (i) the noncustodial parent entitled to the first 1/2 of the summer or off-track time in years ending in an odd number; and (ii) the noncustodial parent entitled to the second 1/2 of the summer or off-track time in years ending in an even number; and (d) one weekend per month, at the option and expense of the noncustodial parent. (10) For extended parent-time described in Subsection (9)(c), the noncustodial parent shall return the minor child to the custodial home no later than seven days before school begins, except that this week is counted when determining the amount of parent-time to be divided between the parents for the summer or off-track period. (11) (a) Upon relocation of one of the parties, the court may also set a parent-time schedule for a minor child who is younger than five years old. (b) The schedule described in Subsection (11)(a) shall take into consideration the following: (i) the age of the minor child; (ii) the developmental needs of the minor child; (iii) the distance between the parents' homes; (iv) the travel arrangements and cost; (v) the level of attachment between the minor child and the noncustodial parent; and (vi) any other factors relevant to the best interest of the minor child. (12) (a) (i) If the noncustodial parent has not designated a specific weekend on which the noncustodial parent will exercise parent-time under Subsection (9)(d), the noncustodial parent shall receive the last weekend of each month. (ii) If a holiday assigned to the custodial parent falls on a weekend on which the noncustodial parent normally exercises parent-time under Subsection (9)(d), the noncustodial parent is entitled to the weekend before the holiday. (b) If a noncustodial parent's extended parent-time or parent-time over a holiday extends into or through the first weekend of the next month, that weekend is considered the noncustodial parent's monthly weekend entitlement under Subsection (9)(d) for that month. (c) If a minor child is out of school for teacher development days or snow days after the minor child begins the school year, or other days not included in the list of holidays in Subsection (9), and those days are contiguous with the noncustodial parent's monthly weekend or holiday parent-time, those days shall be included in the weekend or holiday parent-time. (13) (a) In addition to the parent-time for which a noncustodial parent is entitled under Subsection (9), the noncustodial parent is entitled to, at least two times a week: (i) brief telephone contact with the minor child at reasonable hours and for a reasonable duration; and (ii) virtual parent-time if the equipment is reasonably available at reasonable hours and for reasonable duration. (b) If the parties cannot agree on whether the equipment is reasonably available, the court shall decide whether the equipment for virtual parent-time is reasonably available, taking into consideration: (i) the best interest 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. (c) Virtual parent-time supplements, but does not replace, the in-person parent-time described in Subsection (9). (14) The custodial parent is entitled to all parent-time not specifically allocated to the noncustodial parent. (15) In the event finances and distance preclude the exercise of minimum parent-time for the noncustodial parent during the school year, the court should consider awarding more time for the noncustodial parent during the summer time if it is in the best interests of the minor child. (16) (a) Upon the motion of any party, the court may order uninterrupted parent-time with the noncustodial parent for a minimum of 30 days during extended parent-time, unless the court finds it is not in the best interest of the minor child. (b) If the court orders uninterrupted parent-time during a period not covered by this section, the court shall specify in the court's order which parent is responsible for the minor child's travel expenses. (17) (a) Unless otherwise ordered by the court the relocating party shall be responsible for all the minor child's travel expenses relating to Subsections (9)(a) and (b) and 1/2 of the minor child's travel expenses relating to Subsection (9)(c), provided the noncustodial parent is current on all support obligations. (b) If the noncustodial parent has been found in contempt for not being current on all support obligations, the noncustodial parent is responsible for all of the minor child's travel expenses under Subsection (9), unless the court rules otherwise. (c) A responsible party shall make a reimbursement to the other for the minor child's travel expenses within 30 days of receipt of documents detailing those expenses. (18) The court may apply this provision to any preexisting decree of divorce. (19) Any action under this section may be set for an expedited hearing. (20) A parent who fails to comply with the notice of relocation in Subsection (2) is in contempt of the court's order.
Utah Code § 81-2-409 — Utah Code / Title 81 / Chapter 81-2 / § 81-2-409
§ 81-2-409. Legal recognition of a child when marriage is void.
Status: in_force

When a marriage is void under Subsection 81-2-403(1)(a) and the parties entered into the marriage in good faith, a child of the marriage, who is born or conceived before the parties had actual knowledge that the marriage was void, shall be legally recognized as the child of the parties.
Utah Code § 81-4-104 — Utah Code / Title 81 / Chapter 81-4 / § 81-4-104
§ 81-4-104. Temporary separation order.
Status: in_force

(1) An individual may file an action for a temporary separation order, without filing a petition for divorce, by filing a petition for temporary separation and motion for temporary orders if: (a) the individual is lawfully married to the individual from whom the separation is sought; and (b) (i) both parties are residents of the state for at least 90 days before the day on which the action is filed; or (ii) both parties to the marriage have consented to personal jurisdiction for divorce or annulment under Subsection 81-2-303(5)(a)(ii). (2) The temporary orders are valid for one year after the day on which the hearing for the order is held or until one of the following occurs: (a) a petition for divorce is filed and consolidated with the petition for temporary separation; or (b) the case is dismissed. (3) If a petition for divorce is filed and consolidated with the petition for temporary separation, orders entered in the temporary separation shall continue in the consolidated case. (4) (a) If the parties to the temporary separation action have a minor child, the parties shall attend the divorce orientation course described in Section 81-4-105: (i) for the petitioner, within 60 days after the day on which the petition is filed; and (ii) for the respondent, within 30 days after the day on which the respondent is served. (b) If the parties to the temporary separation action do not have a minor child, the parties may choose to attend the divorce orientation course described in Section 81-4-105. (c) The clerk of the court shall provide notice to a petitioner of the divorce orientation course requirement. (d) A petition shall include information regarding the divorce orientation course requirement when the petition is served on the respondent. (5) For a party that is unable to pay the costs of the divorce orientation course, and before the court enters a decree of divorce in the action, the court shall: (a) make a final determination of indigency; and (b) order the party to pay the costs of the divorce orientation course if the court determines the party is not indigent. (6) (a) Except for a temporary restraining order under Utah Rules of Civil Procedure, Rule 65A, a party may file, but the court may not hear, a motion for an order related to the temporary separation petition until the moving party completes the divorce orientation course. (b) It is an affirmative defense in a temporary separation action that a party has not completed the divorce orientation course and the action may not continue until a party has complied with the divorce orientation course. (7) (a) Notwithstanding Subsections (4) and (6)(b), the court may waive the requirement that the parties attend the divorce orientation course, on the court's own motion or on the motion of one of the parties, if the court determines course attendance and completion are not necessary, appropriate, feasible, or in the best interest of the parties. (b) If the requirement is waived, the court may permit the temporary separation action to proceed. (8) The petitioner shall serve the petition for a temporary separation order in accordance with the Utah Rules of Civil Procedure. (9) If a party files for divorce within one year after the day on which the petition for temporary separation is filed, the filing fee for a petition for temporary separation shall be credited towards the filing fee for a divorce.
Utah Code § 81-8-709 — Utah Code / Title 81 / Chapter 81-8 / § 81-8-709
§ 81-8-709. Partial enforcement.
Status: in_force

(1) If a tribunal of this state does not recognize and enforce a convention support order in its entirety, the tribunal shall enforce any severable part of the order. (2) An application or direct request may seek recognition and partial enforcement of a convention support order.
Utah Code § 81-9-402 — Utah Code / Title 81 / Chapter 81-9 / § 81-9-402
§ 81-9-402. Custody and visitation for individuals other than a parent -- Venue.
Status: in_force

(1) (a) In accordance with Section 80-2a-201, it is the public policy of this state that a parent retain the fundamental right and duty to exercise primary control over the care, supervision, upbringing, and education of a minor child of the parent. (b) There is a rebuttable presumption that a parent's decisions are in the minor child's best interests. (2) The presumption in Subsection (1) is rebutted and a court may grant custodial or visitation rights to an individual other than a parent if the court finds, by clear and convincing evidence, that the individual seeking custodial or visitation rights has established that: (a) the individual has intentionally assumed the role and obligations of a parent; (b) the individual and the minor child have formed a substantial emotional bond and created a parent-child type relationship; (c) the individual substantially contributed emotionally or financially to the minor child's well being; (d) the assumption of the parental role is not the result of a financially compensated surrogate care arrangement; (e) the continuation of the relationship between the individual and the minor child is in the minor child's best interest; (f) the loss or cessation of the relationship between the individual and the minor child would substantially harm the minor child; and (g) the parent: (i) is absent as of the time of filing of the petition; (ii) does not have the ability to exercise primary physical custody of the minor child as of the time of filing of the petition; or (iii) has abused or neglected the minor child, or that another court has found that the parent has abused or neglected the minor child. (3) Notwithstanding Title 78B, Chapter 3a, Venue for Civil Actions, or Section 78A-6-350, an individual shall file a verified petition, or a petition supported by an affidavit, for custodial or visitation rights to the minor child in the juvenile court if a matter is pending in the juvenile court, or in the district court in the county where the minor child: (a) currently resides; or (b) lived with a parent or an individual other than a parent who acted as a parent within six months before the commencement of the action. (4) An individual may file a petition under this section in a pending divorce, parentage action, or other proceeding, including a proceeding in the juvenile court involving custody of or visitation with a minor child. (5) The petition shall include detailed facts supporting the petitioner's right to file the petition including the criteria set forth in Subsection (2) and residency information described in Section 81-11-209. (6) An individual may not file a petition under this section against a parent who is actively serving outside the state in any branch of the military. (7) Notice of a petition filed in accordance with this chapter shall be served in accordance with the Utah Rules of Civil Procedure on all of the following: (a) the minor child's biological, adopted, presumed, declarant, and adjudicated parents; (b) any individual who has court-ordered custody or visitation rights; (c) the minor child's guardian; (d) the guardian ad litem, if one has been appointed; (e) an individual or agency that has physical custody of the minor child or that claims to have custody or visitation rights; and (f) any other individual or agency that has previously appeared in any action regarding custody of or visitation with the minor child. (8) The court may order a custody evaluation to be conducted in any proceeding brought under this section. (9) The court may enter temporary orders in a proceeding brought under this section pending the entry of final orders. (10) Except as provided in Subsection (11), a court may not grant custody of a minor child under this section to an individual: (a) who is not the parent of the minor child; and (b) who, before a custody order is issued, is convicted, pleads guilty, or pleads no contest to a felony or attempted felony involving conduct that constitutes any of the following: (i) child abuse, as described in Section 76-5-109; (ii) aggravated child abuse, as described in Section 76-5-109.2; (iii) child abandonment, as described in Section 76-5-109.3; (iv) child torture, as described in Section 76-5-109.4; (v) commission of domestic violence in the presence of a child, as described in Section 76-5-114; (vi) child abuse homicide, as described in Section 76-5-208; (vii) child kidnapping, as described in Section 76-5-301.1; (viii) human trafficking of a child for labor, as described in Section 76-5-308.5; (ix) human trafficking of a child for commercial sexual exploitation, as described in Section 76-5-308.6; (x) patronizing a child victim of human labor trafficking, as described in Section 76-5-314; (xi) sexual abuse of a minor, as described in Section 76-5-401.1; (xii) rape of a child, as described in Section 76-5-402.1; (xiii) object rape of a child, as described in Section 76-5-402.3; (xiv) sodomy on a child, as described in Section 76-5-403.1; (xv) sexual abuse of a child, as described in Section 76-5-404.1, or aggravated sexual abuse of a child, as described in Section 76-5-404.3; (xvi) sexual exploitation of a minor, as described in Section 76-5b-201; (xvii) aggravated sexual exploitation of a minor, as described in Section 76-5b-201.1; (xviii) possession of apparent child sexual abuse material, as described in Section 76-5b-207; (xix) distribution of apparent child sexual abuse material, as described in Section 76-5b-208; (xx) unlawful activity regarding obscene material depicting the sexual abuse of a minor, as described in Section 76-5b-209; or (xxi) an offense in another state that, if committed in this state, would constitute an offense described in this Subsection (10). (11) (a) As used in this Subsection (11), "disqualifying offense" means an offense listed in Subsection (10) that prevents a court from granting custody except as provided in this Subsection (11). (b) An individual described in Subsection (10) may only be considered for custody of a minor child if the following criteria are met by clear and convincing evidence: (i) the individual is a relative, as defined in Section 80-3-102, of the minor child; (ii) at least 10 years have elapsed from the day on which the individual is successfully released from prison, jail, parole, or probation related to a disqualifying offense; (iii) during the 10 years before the day on which the individual files a petition with the court seeking custody the individual has not been convicted, plead guilty, or plead no contest to an offense greater than an infraction or traffic violation that would likely impact the health, safety, or well-being of the minor child; (iv) the individual can provide evidence of successful treatment or rehabilitation directly related to the disqualifying offense; (v) the court determines that the risk related to the disqualifying offense is unlikely to cause harm, as defined in Section 80-1-102, or potential harm to the minor child currently or at any time in the future when considering all of the following: (A) the minor child's age; (B) the minor child's gender; (C) the minor child's development; (D) the nature and seriousness of the disqualifying offense; (E) the preferences of a minor child who is 12 years old or older; (F) any available assessments, including custody evaluations, parenting assessments, psychological or mental health assessments, and bonding assessments; and (G) any other relevant information; (vi) the individual can provide evidence of the following: (A) the relationship with the minor child is of long duration; (B) that an emotional bond exists with the minor child; and (C) that custody by the individual who has committed the disqualifying offense ensures the best interests of the minor child are met; (vii) (A) there is no other responsible relative known to the court who has or likely could develop an emotional bond with the minor child and does not have a disqualifying offense; or (B) if there is a responsible relative known to the court that does not have a disqualifying offense, Subsection (11)(d) applies; and (viii) that the continuation of the relationship between the individual with the disqualifying offense and the minor child could not be sufficiently maintained through any type of visitation if custody were given to the relative with no disqualifying offense described in Subsection (11)(d). (c) The individual with the disqualifying offense bears the burden of proof regarding why placement with that individual is in the best interest of the minor child over another responsible relative or equally situated individual who does not have a disqualifying offense. (d) If, as provided in Subsection (11)(b)(vii)(B), there is a responsible relative known to the court who does not have a disqualifying offense: (i) preference for custody is given to a relative who does not have a disqualifying offense; and (ii) before the court may place custody with the individual who has the disqualifying offense over another responsible, willing, and able relative: (A) an impartial custody evaluation shall be completed; and (B) a guardian ad litem shall be assigned. (12) Subsections (10) and (11) apply to a case pending on March 25, 2017, for which a final decision on custody has not been made and to a case filed on or after March 25, 2017.
Utah Code § 81-2-405 — Utah Code / Title 81 / Chapter 81-2 / § 81-2-405
§ 81-2-405. Recognition and validation of a marriage regardless of the race, ethnicity, or national origin of the parties.
Status: in_force

(1) As used in this section: (a) "Eligible couple" means two individuals that may legally marry each other in this state. (b) "Specified characteristic" means the race, ethnicity, or national origin of a party to the marriage. (2) Regardless of the date of the marriage, a marriage between two individuals may not be deemed invalid or prohibited because of a specified characteristic. (3) The office of a county clerk may not refuse to issue a marriage license to an eligible couple because of a specified characteristic. (4) (a) The office of a county clerk may not refuse to solemnize the marriage of an eligible couple because of a specified characteristic. (b) Subsection (4)(a) does not prevent a county clerk from delegating or deputizing another individual to solemnize a marriage in accordance with Sections 17-70-302 and 81-2-305.
Utah Code § 81-2-207 — Utah Code / Title 81 / Chapter 81-2 / § 81-2-207
§ 81-2-207. Persons performing counseling services designated by board -- Exemption from license requirements.
Status: in_force

For the purposes of this part, the premarital counseling board of each county or combination of counties may determine those persons who are to perform any services under this part and any person so acting is not subject to prosecution or other sanctions for the person's failure to hold any license for these services as may be required by the laws of the state.
Utah Code § 81-10-202 — Utah Code / Title 81 / Chapter 81-10 / § 81-10-202
§ 81-10-202. Nature of authority created by agreement.
Status: in_force

(1) (a) An agreement under this part is temporary and terminates pursuant to Part 4, Return from Deployment, after the deploying parent returns from deployment, unless the agreement has been terminated before that time by court order or modification under Section 81-10-203. (b) The agreement may not create an independent, continuing right to caretaking authority, decision-making authority, or limited contact in an individual to whom custodial responsibility is given. (2) A nonparent who has caretaking authority, decision-making authority, or limited contact by an agreement under this part has standing to enforce the agreement until it has been terminated by court order, by modification under Section 81-10-203, or under Part 4, Return from Deployment.
Utah Code § 81-9-503 — Utah Code / Title 81 / Chapter 81-9 / § 81-9-503
§ 81-9-503. Custody evaluation order -- Appointment of custody evaluator -- Removal of a custody evaluator.
Status: in_force

(1) A court may order a custody evaluation during a divorce, separation, or custody proceeding if: (a) (i) a party requests a custody evaluation; or (ii) the court makes specific findings that extraordinary circumstances exist that warrant a custody evaluation; and (b) the court finds that the parties have the ability to pay for the custody evaluation. (2) (a) Except as provided in Subsection (2)(b) and subject to Subsection (3), a court shall appoint a custody evaluator agreed upon by both parties to perform a custody evaluation described in Subsection (1). (b) If the parties cannot agree on a custody evaluator to perform a custody evaluation: (i) each party shall exchange the names of three custody evaluators that the party recommends to provide the custody evaluation; (ii) the parties shall submit to the court a joint list of all proposed custody evaluators; (iii) if a party objects to any of the custody evaluators on the list described in Subsection (2)(b)(ii), the party shall submit to the court a brief written statement explaining the reasons for the objection, including any potential conflicts of interest; and (iv) the court shall appoint a custody evaluator from the list described in Subsection (2)(b)(ii) after considering any statements described in Subsection (2)(b)(iii). (c) A party has the right to a reasonable opportunity to review a proposed custody evaluator before the court appoints the custody evaluator to perform a custody evaluation. (3) If, based on allegations of domestic violence or abuse, a court reasonably anticipates that a custody evaluator may be required to testify or offer an opinion regarding domestic violence or abuse, the court shall require that each custody evaluator agreed upon or proposed under Subsection (2) possess the demonstrated expertise and adequate experience described in Subsection 81-9-104(2)(a). (4) An order described in Subsection (1) shall: (a) identify the appointed custody evaluator; (b) identify specific custody factors described in Sections 81-9-204 and 81-9-205 to be addressed in the custody evaluation; (c) require the parties to comply with requests made by the custody evaluator; (d) restrict disclosure of the custody evaluator's findings, recommendations, and privileged information, except in the proceeding in which the custody evaluation is ordered or in other proceedings in which the court determines disclosure is necessary; (e) assign payment responsibility for the custody evaluation; and (f) specify the dates on which the custody evaluation will begin and end. (5) A party has the right to request the court to remove a custody evaluator for good cause, including: (a) bias, prejudice, or lack or impartiality toward a party; (b) a conflict of interest; (c) failure to comply with this part, rules of the court, or professional standards; (d) failure to complete the custody evaluation in a timely manner; or (e) professional misconduct or unethical behavior. (6) (a) A custody evaluator's findings in making a custody or parent-time decision are advisory only. (b) There is no presumption in favor of the custody evaluator's findings.
Utah Code § 81-4-406 — Utah Code / Title 81 / Chapter 81-4 / § 81-4-406
§ 81-4-406. Decree of divorce -- When decree becomes absolute -- Remarriage -- Jurisdiction to modify a decree for a child born after the decree.
Status: in_force

(1) (a) The court shall enter a decree of divorce upon the evidence or the petitioner's affidavit in the case of default as described in Subsection (1)(b). (b) A court may not grant a divorce upon default, unless there is evidence to support a decree of divorce upon an affidavit by the petitioner as provided by Rule 104 of the Utah Rules of Civil Procedure. (2) Unless the requirement is waived by the court under Subsection 81-4-402(5), a court may not grant a decree of divorce for parties with a minor child until: (a) both parties have attended the mandatory courses described in Sections 81-4-105 and 81-4-106; and (b) both parties have presented a certificate of course completion for each course to the court. (3) In a decree of divorce, the court shall: (a) specify which party is responsible for the payment of joint debts, obligations, or liabilities of the parties contracted or incurred during marriage in accordance with Section 15-4-6.5; (b) require the parties to notify respective creditors or obligees, regarding the court's division of debts, obligations, or liabilities and regarding the parties' separate and current addresses in accordance with Section 15-4-6.5; (c) provide for the enforcement of the orders described in Subsections (1)(a) and (b); (d) if a party owns a life insurance policy or an annuity contract, include an acknowledgment by the court that the party: (i) has reviewed and updated, where appropriate, the list of beneficiaries; (ii) has affirmed that those listed as beneficiaries are in fact the intended beneficiaries after the divorce becomes final; and (iii) understands that, if no changes are made to the policy or contract, the beneficiaries currently listed will receive any funds paid by the insurance company under the terms of the policy or contract; and (e) if the parties have a child as defined in Section 81-6-101, include: (i) an order for child support and medical expenses as described in Chapter 6, Child Support; (ii) a provision in the child support order that requires payment of an ongoing expense for child care subject to the procedures and requirements of Section 81-6-209.5; and (iii) a statement providing notice that the Office of Recovery Services provides services to individuals who are seeking assistance in the collection or enforcement of child support orders. (4) The court may include in the divorce decree any equitable orders relating to: (a) the parties, including any alimony to be awarded to a party in accordance with Part 5, Spousal Support; (b) a child of the parties; and (c) any property, debts, or obligations. (5) A decree of divorce becomes absolute: (a) on the date it is signed by the court and entered by the clerk in the register of actions; (b) at the expiration of a period of time the court may specifically designate, unless an appeal or other proceedings for review are pending; (c) if an appeal is taken, when the decree is affirmed; or (d) when the court, before the decree becomes absolute, for sufficient cause otherwise orders. (6) The court, upon application or on the court's own motion for good cause shown, may waive, alter, or extend a designated period of time before the decree becomes absolute, but not to exceed six months from the signing and entry of the decree. (7) A party to a divorce proceeding may not marry another individual other than the other party for whom the divorce was granted until the party's divorce becomes absolute. (8) The court has jurisdiction to modify a decree of divorce to address child support, parent-time, and other matters related to a minor child born to the parties after the decree of divorce is entered.
Utah Code § 81-11-305 — Utah Code / Title 81 / Chapter 81-11 / § 81-11-305
§ 81-11-305. Registration of child custody determination.
Status: in_force

(1) A child custody determination issued by a court of another state may be registered in this state, with or without a simultaneous request for enforcement, by sending to the district court in this state: (a) a letter or other document requesting registration; (b) two copies, including one certified copy, of the determination sought to be registered, and a statement under penalty of perjury that to the best of the knowledge and belief of the person seeking registration the order has not been modified; and (c) except as otherwise provided in Section 81-11-209, the name and address of the person seeking registration and any parent or person acting as a parent who has been awarded custody or parent-time in the child custody determination sought to be registered. (2) On receipt of the documents required by Subsection (1), the registering court shall: (a) cause the determination to be filed as a foreign judgment, together with one copy of any accompanying documents and information, regardless of their form; and (b) serve notice upon a person named as described in Subsection (1)(c) and provide the person with an opportunity to contest the registration in accordance with this section. (3) The notice required by Subsection (2)(b) shall state: (a) that a registered determination is enforceable as of the date of the registration in the same manner as a determination issued by a court of this state; (b) that a hearing to contest the validity of the registered determination shall be requested within 20 days after service of notice; and (c) that failure to contest the registration will result in confirmation of the child custody determination and preclude further contest of that determination with respect to any matter that could have been asserted. (4) (a) A person seeking to contest the validity of a registered order shall request a hearing within 20 days after service of the notice. (b) At that hearing, the court shall confirm the registered order unless the person contesting registration establishes that: (i) the issuing court did not have jurisdiction under Part 2, Jurisdiction; (ii) the child custody determination sought to be registered has been vacated, stayed, or modified by a court of a state having jurisdiction to do so under Part 2, Jurisdiction; or (iii) the person contesting registration 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 registration is sought. (5) If a timely request for a hearing to contest the validity of the registration is not made, the registration is confirmed as a matter of law and the person requesting registration and all persons served shall be notified of the confirmation. (6) Confirmation of a registered order, whether by operation of law or after notice and hearing, precludes further contest of the order with respect to any matter which could have been asserted at the time of registration.
Utah Code § 81-8-713 — Utah Code / Title 81 / Chapter 81-8 / § 81-8-713
§ 81-8-713. Record in original language -- English translation.
Status: in_force

A record filed with a tribunal of this state under this part shall be in the original language and, if not in English, shall be accompanied by an English translation.
Utah Code § 81-5-203 — Utah Code / Title 81 / Chapter 81-5 / § 81-5-203
§ 81-5-203. Consequences of establishment of parentage.
Status: in_force

Unless parental rights are terminated, a parent-child relationship established under this chapter applies for all purposes, except as otherwise specifically provided by other law of this state.
Utah Code § 81-14-303 — Utah Code / Title 81 / Chapter 81-14 / § 81-14-303
§ 81-14-303. General adoption information.
Status: in_force

(1) Within a reasonable time before a child-placing agency places a minor child for adoption with a prospective adoptive parent, the child-placing agency shall provide or cause to be provided to the prospective adoptive parent general adoption information. (2) The information under Subsection (1) shall address: (a) possible physical, mental, emotional, and behavioral issues concerning: (i) identity, loss, and trauma that a minor child might experience before, during, or after adoption; and (ii) a minor child leaving familiar ties and surroundings; (b) the effect that access to resources, including health insurance, might have on the ability of an adoptive parent to meet the needs of a minor child; (c) causes of disruption of an adoptive placement or dissolution of an adoption and resources available to help avoid disruption or dissolution; and (d) prohibitions under Sections 81-14-203 and 81-14-205.
Utah Code § 81-5-507 — Utah Code / Title 81 / Chapter 81-5 / § 81-5-507
§ 81-5-507. Additional genetic testing.
Status: in_force

(1) The tribunal shall order additional genetic testing upon the request of a party who contests the result of the original testing. (2) If the previous genetic testing identified a man as the father of the child under Section 81-5-505, the tribunal may not order additional testing unless the party provides advance payment for the testing. (3) If the tribunal orders a second genetic test in accordance with this section, the additional testing must be completed within 45 days of the tribunal's order or the requesting party's objection to the first test will be automatically denied. (4) If failure to complete the test occurs because of noncooperation of the birth mother or unavailability of the child, the time will be tolled.
Utah Code § 81-13-218 — Utah Code / Title 81 / Chapter 81-13 / § 81-13-218
§ 81-13-218. Final decree of adoption of a minor child -- Agreement by adoptive parent or parents.
Status: in_force

(1) (a) Before entering a final decree of adoption, the court shall examine separately each person appearing before the court in accordance with this chapter. (b) If the court is satisfied that the interests of the child adoptee will be promoted by the adoption, the court shall enter a final decree of adoption in accordance with Section 81-13-219 declaring that: (i) the child adoptee is adopted by the adoptive parent or parents; and (ii) the child adoptee is regarded and treated in all respects as the child of the adoptive parent or parents. (2) Except as provided in Subsection (3), before the court enters a final decree of adoption of a child adoptee: (a) the prospective adoptive parent or parents and the child adoptee being adopted shall appear before the appropriate court; and (b) the prospective adoptive parent or parents shall execute an agreement stating that the child adoptee shall be adopted and treated in all respects as the adoptive parent's or parents' own lawful child. (3) The court may waive the requirement described in Subsection (2)(a) if: (a) the adoption is not contested; (b) the prospective adoptive parent or parents: (i) execute an agreement stating that the child adoptee shall be adopted and treated in all respects as the parent's or parents' own lawful child; (ii) have the agreement described in Subsection (3)(b)(i) notarized; and (iii) file the agreement described in Subsection (3)(b)(i) with the court; and (c) all requirements of this chapter to obtain a final decree of adoption are otherwise complied with. (4) At the time that a final decree of adoption is entered, the child adoptee may take the family name of the adoptive parent or parents. (5) After a final decree of adoption is entered, the adoptive parent or parents and the child adoptee shall: (a) sustain the legal relationship of a parent and child; and (b) have all the rights and be subject to all the duties of a parent-child relationship.
Utah Code § 81-8-802 — Utah Code / Title 81 / Chapter 81-8 / § 81-8-802
§ 81-8-802. Conditions of rendition.
Status: in_force

(1) Before making demand that the governor of another state surrender an individual charged criminally in this state with having failed to provide for the support of an obligee, the governor of this state may require a prosecutor of this state to demonstrate that at least 60 days previously the obligee had initiated proceedings for support pursuant to this chapter or that the proceeding would be of no avail. (2) (a) If, under this chapter or a law substantially similar to this chapter, the governor of another state makes a demand that the governor of this state surrender an individual charged criminally in that state with having failed to provide for the support of a child or other individual to whom a duty of support is owed, the governor may require a prosecutor to investigate the demand and report whether a proceeding for support has been initiated or would be effective. (b) If it appears that a proceeding would be effective but has not been initiated, the governor may delay honoring the demand for a reasonable time to permit the initiation of a proceeding. (3) (a) If a proceeding for support has been initiated and the individual whose rendition is demanded prevails, the governor may decline to honor the demand. (b) If the petitioner prevails and the individual whose rendition is demanded is subject to a support order, the governor may decline to honor the demand if the individual is complying with the support order.
Utah Code § 81-12-105 — Utah Code / Title 81 / Chapter 81-12 / § 81-12-105
§ 81-12-105. Contents of petition.
Status: in_force

(1) (a) A petition under this chapter must be verified and include a copy of any existing child custody determination, if available. (b) The petition must specify the risk factors for abduction, including the relevant factors described in Section 81-12-106. (2) Subject to Subsection 81-11-209(5), if reasonably ascertainable, the petition must contain: (a) the name, date of birth, and gender of the minor child; (b) the customary address and current physical location of the minor child; (c) the identity, customary address, and current physical location of the respondent; (d) a statement of whether a prior action to prevent abduction or domestic violence has been filed by a party or other individual or entity having custody of the minor child, and the date, location, and disposition of the action; (e) a statement of whether a party to the proceeding has been arrested for a crime related to domestic violence, stalking, or child abuse or neglect, and the date, location, and disposition of the case; and (f) any other information required to be submitted to the court for a child custody determination under Section 81-11-209.
Utah Code § 81-15-118 — Utah Code / Title 81 / Chapter 81-15 / § 81-15-118
§ 81-15-118. Vacation or amendment by court of unconfirmed award.
Status: in_force

(1) On a motion of a party, the court shall vacate an unconfirmed award if the moving party establishes that: (a) the award was procured by corruption, fraud, or other undue means; (b) there was: (i) evident partiality by the arbitrator; (ii) corruption by the arbitrator; or (iii) misconduct by the arbitrator substantially prejudicing the rights of a party; (c) the arbitrator refused to postpone a hearing on showing of sufficient cause for postponement, refused to consider evidence material to the controversy, or otherwise conducted the hearing contrary to Section 81-15-112, so as to prejudice substantially the rights of a party; (d) the arbitrator exceeded the arbitrator's powers; (e) no arbitration agreement exists, unless the moving party participated in the arbitration without making a motion under Section 81-15-106 no later than the beginning of the first arbitration hearing; or (f) the arbitration was conducted without proper notice under Section 81-15-105 of the initiation of arbitration, so as to prejudice substantially the rights of a party. (2) Except as otherwise provided in Subsection (3), on a motion of a party, the court shall vacate an unconfirmed award that determines a child-related dispute if the moving party establishes that: (a) the award does not comply with Section 81-15-114 or a law of this state, other than this chapter, governing a child-related dispute or is contrary to the best interests of the minor child; (b) the record of the hearing or the statement of reasons in the award is inadequate for the court to review the award; or (c) a ground for vacating the award under Subsection (1) exists. (3) If an award is subject to vacation under Subsection (2)(a), on a motion of a party, the court may amend the award if amending rather than vacating is in the best interests of the minor child. (4) The court shall determine a motion under Subsection (2) or (3) based on the record of the arbitration hearing and facts occurring after the hearing. (5) A motion under this section to vacate or amend an award shall be filed no later than 90 days after the day on which: (a) an arbitrator gives the party filing the motion notice of the award or a corrected award; or (b) for a motion under Subsection (1)(a), the ground of corruption, fraud, or other undue means is known or by the exercise of reasonable care should have been known to the party filing the motion. (6) (a) If the court under this section vacates an award for a reason other than the absence of an enforceable arbitration agreement, the court may order a rehearing before an arbitrator. (b) If the reason for vacating the award is that the award was procured by corruption, fraud, or other undue means or there was evident partiality, corruption, or misconduct by the arbitrator, the rehearing shall be before another arbitrator. (7) If the court under this section denies a motion to vacate or amend an award, the court may confirm the award under Section 81-15-115 unless a motion is pending under Section 81-15-117.
Utah Code § 81-5-804 — Utah Code / Title 81 / Chapter 81-5 / § 81-5-804
§ 81-5-804. Inspection of records.
Status: in_force

The proceedings, records, and identities of the individuals to a gestational agreement under this part are subject to inspection under the confidentiality standards applicable to adoptions as provided under other laws of this state.
Utah Code § 81-11-316 — Utah Code / Title 81 / Chapter 81-11 / § 81-11-316
§ 81-11-316. Role of law enforcement.
Status: in_force

At the request of a prosecutor or the attorney general acting under Section 81-11-315, a law enforcement officer may take any lawful action reasonably necessary to locate a minor child or a party and assist a prosecutor or attorney general with responsibilities under Section 81-11-315.
Utah Code § 81-3-203 — Utah Code / Title 81 / Chapter 81-3 / § 81-3-203
§ 81-3-203. Content.
Status: in_force

(1) Parties to a premarital agreement may contract with respect to: (a) the rights and obligations of each of the parties in any of the property of either or both of them whenever and wherever acquired or located; (b) the right to buy, sell, use, transfer, exchange, abandon, lease, consume, expend, assign, create a security interest in, mortgage, encumber, dispose of, or otherwise manage and control property; (c) the disposition of property upon separation, marital dissolution, death, or the occurrence or nonoccurrence of any other event; (d) the modification or elimination of spousal support; (e) the ownership rights in and disposition of the death benefit from a life insurance policy; (f) the choice of law governing the construction of the agreement, except that a court with jurisdiction may apply the law of the legal domicile of either party, if it is fair and equitable; and (g) any other matter, including their personal rights and obligations, not in violation of public policy or a statute imposing a criminal penalty. (2) The right of a child, as defined in Section 81-6-101, to support, health and medical provider expenses, medical insurance, and child care coverage may not be affected by a premarital agreement.
Utah Code § 81-11-309 — Utah Code / Title 81 / Chapter 81-11 / § 81-11-309
§ 81-11-309. Service of petition and order.
Status: in_force

Except as otherwise provided in Section 81-11-311, the petition and order shall be served, by any method authorized by the law of this state, upon respondent and any person who has physical custody of the minor child.
Utah Code § 81-14-202 — Utah Code / Title 81 / Chapter 81-14 / § 81-14-202
§ 81-14-202. Applicability.
Status: in_force

This part does not apply to a transfer of custody of a minor child by a parent or guardian of the minor child to: (1) a parent of the minor child; (2) a stepparent of the minor child; (3) an adult who is related to the minor child by blood, marriage, or adoption; (4) an adult who, at the time of the transfer, had a close relationship with the minor child or the parent or guardian of the minor child for a substantial period, and whom the parent or guardian reasonably believed, at the time of the transfer, to be a fit custodian of the minor child; (5) an Indian custodian, as defined in the Indian Child Welfare Act, 25 U.S.C. Sec. 1903, of the minor child; or (6) a member of the minor child's customary family unit recognized by the minor child's indigenous group.
Utah Code § 81-5-806 — Utah Code / Title 81 / Chapter 81-5 / § 81-5-806
§ 81-5-806. Termination of gestational agreement.
Status: in_force

(1) After issuance of an order under this part, but before the prospective gestational mother becomes pregnant by means of assisted reproduction, the prospective gestational mother, the prospective gestational mother's spouse, or either of the intended parents may terminate the gestational agreement only by giving written notice of termination to all other parties. (2) The tribunal for good cause shown also may terminate the gestational agreement. (3) (a) An individual who terminates an agreement shall file notice of the termination with the tribunal. (b) On receipt of the notice, the tribunal shall vacate the order issued under this part. (c) An individual who does not notify the tribunal of the termination of the agreement is subject to appropriate sanctions. (4) A prospective gestational mother, or the prospective gestational mother's spouse if married, is not liable to the intended parents for terminating an agreement in accordance with this section.
Utah Code § 81-5-510 — Utah Code / Title 81 / Chapter 81-5 / § 81-5-510
§ 81-5-510. Identical brothers.
Status: in_force

(1) The tribunal may order genetic testing of a brother of a man identified as the father of a child if the man is commonly believed to have an identical brother and evidence suggests that the brother may be the genetic father of the child. (2) If each brother satisfies the requirements as the identified father of the child under Section 81-5-505 without consideration of another identical brother being identified as the father of the child, the tribunal may rely on nongenetic evidence to adjudicate which brother is the father of the child.
Utah Code § 81-3-202 — Utah Code / Title 81 / Chapter 81-3 / § 81-3-202
§ 81-3-202. Writing -- Signature required.
Status: in_force

(1) A premarital agreement shall be in writing and signed by both parties. (2) A premarital agreement is enforceable without consideration.
Utah Code § 81-14-308 — Utah Code / Title 81 / Chapter 81-14 / § 81-14-308
§ 81-14-308. Rulemaking by Division of Licensing and Background Checks.
Status: in_force

The Division of Licensing and Background Checks, created in Section 26B-2-901, may adopt rules under Title 63G, Chapter 3, Utah Administrative Rulemaking Act, to implement Sections 81-14-303, 81-14-304, 81-14-305, and 81-14-306.
Utah Code § 81-13-220 — Utah Code / Title 81 / Chapter 81-13 / § 81-13-220
§ 81-13-220. Effect of adoption of a minor child on pre-existing parent.
Status: in_force

(1) A pre-existing parent of a child adoptee: (a) is released from all parental rights and duties toward and all responsibilities for the child adoptee, including residual parental rights and duties, as defined in Section 80-1-102; and (b) has no further parental rights or duties with regard to the child adoptee at the earlier of: (i) the time the pre-existing parent's parental rights are terminated; or (ii) except as provided in Subsection (2), and subject to Subsections (3) and (4), the time the final decree of adoption is entered. (2) The parental rights and duties of a pre-existing parent who, at the time the child adoptee is adopted, is lawfully married to the individual adopting the child adoptee are not released under Subsection (1)(b). (3) The parental rights and duties of a pre-existing parent who, at the time the child adoptee is adopted, is not lawfully married to the individual adopting the child adoptee are released under Subsection (1)(b). (4) (a) Notwithstanding the provisions of this section, the court may allow a prospective adoptive parent to adopt a child adoptee without releasing the pre-existing parent from parental rights and duties under Subsection (1)(b), if: (i) the pre-existing parent and the prospective adoptive parent were lawfully married at some time during the child adoptee's life; (ii) the pre-existing parent consents to the prospective adoptive parent's adoption of the child adoptee or is unable to consent because the pre-existing parent is deceased or incapacitated; (iii) notice of the adoption proceeding is provided in accordance with Section 81-13-207; (iv) consent to the adoption is provided in accordance with Section 81-13-212; and (v) the court finds that it is in the best interest of the child adoptee to grant the adoption without releasing the pre-existing parent from parental rights and duties. (b) This Subsection (4) does not permit a child adoptee to have more than two parents. (5) This section may not be construed as terminating any child support obligation of a parent incurred before the adoption.
Utah Code § 81-13-209 — Utah Code / Title 81 / Chapter 81-13 / § 81-13-209
§ 81-13-209. Declaration regarding each potential birth father for out-of-state birth mother and adoptive parents-- Putative father registry -- Notice to potential birth father.
Status: in_force

(1) The procedural and substantive requirements of this section are required only to the extent that the requirements do not exceed the requirements of the state of conception or the birth mother's state of residence. (2) (a) For a child adoptee who is six months old or younger at the time that the child adoptee is placed with the prospective adoptive parents and subject to the rights of a birth mother described in Subsection 81-13-202(7), the birth mother shall sign, and the prospective adoptive parents shall file with the court, a declaration regarding each potential birth father before or at the time a petition for adoption is filed with the court. (b) A declaration is not required under Subsection (2)(a) if the birth mother or one of the adoptive parents has resided in the state for 90 total days or more at any point during the time period beginning at the conception of the child adoptee and ending at the time that the birth mother executes consent to the adoption or relinquishment of the child adoptee for adoption. (3) The child-placing agency or prospective adoptive parents shall search the putative father registry of each state where the birth mother believes the child adoptee may have been conceived and each state where the birth mother lived during her pregnancy, if the state has a putative father registry, to determine whether a potential birth father registered with the state's putative father registry. (4) In determining whether the 90-day requirement described in Subsection (2) is satisfied, the following apply: (a) the 90 days are not required to be consecutive; (b) no absence from the state may be for more than seven consecutive days; (c) any day on which the individual is absent from the state does not count toward the total 90-day period; and (d) the 90-day period begins and ends during a period that is no more than 120 consecutive days. (5) The declaration filed under Subsection (2) regarding a potential birth father shall include, for each potential birth father, the following information: (a) if known, the potential birth father's name, date of birth, social security number, and address; (b) with regard to a state's putative father registry in each state described in Subsection (3): (i) whether the state has a putative father registry; and (ii) for each state that has a putative father registry, with the declaration, a certificate or written statement from the state's putative father registry that a search of the state's putative father registry was made and disclosing the results of the search; (c) whether the potential birth father was notified of: (i) the birth mother's pregnancy; (ii) the fact that he is a potential birth father; or (iii) the fact that the birth mother intends to consent to adoption or relinquishment of the child adoptee for adoption in Utah; (d) each state where the birth mother lived during the pregnancy; (e) if known, the state in which the child adoptee was conceived; (f) whether the birth mother informed the potential birth father that she was traveling to or planning to reside in Utah; (g) whether the birth mother has contacted the potential birth father while she was located in Utah; (h) whether, and for how long, the potential birth father has ever lived with the child adoptee; (i) whether the potential birth father has given the birth mother money or offered to pay for any of the birth mother's expenses during pregnancy or the child adoptee's birth; (j) whether the potential birth father has offered to pay child support; (k) if known, whether the potential birth father has taken any legal action to establish paternity of the child adoptee, either in Utah or in any other state, and, if known, what action the potential birth father has taken; and (l) whether the birth mother has ever been involved in a domestic violence matter with the potential birth father. (6) Except as provided in Subsection (8), based on the declaration regarding the potential birth father, the court shall order the birth mother to serve a potential birth father notice that she intends to consent or has consented to adoption or relinquishment of the child adoptee for adoption, if the court finds that the potential birth father: (a) has taken sufficient action to demonstrate an interest in the child adoptee; (b) has taken sufficient action to attempt to preserve the potential birth father's legal rights as a birth father, including by filing a legal action to establish parentage or filing with a state's putative father registry; or (c) does not know, and does not have a reason to know, that: (i) the mother or child adoptee are present in Utah; (ii) the mother intended to give birth to the child adoptee in Utah; (iii) the child adoptee was born in Utah; or (iv) the mother intends to consent to adoption or relinquishment of the child adoptee for adoption in Utah. (7) Notice under this section shall be made in accordance with Subsections 81-13-207(7) through (11). (8) A court may only order the notice requirements in Subsection (6) to the extent that they do not exceed the notice requirements of: (a) the state of conception; or (b) the birth mother's state of residence.
Utah Code § 81-9-305 — Utah Code / Title 81 / Chapter 81-9 / § 81-9-305
§ 81-9-305. Equal parent-time schedule.
Status: in_force

(1) (a) A court may order the equal parent-time schedule described in this section if the court determines that: (i) the equal parent-time schedule is in the minor child's best interest; (ii) each parent has been actively involved in the minor child's life; and (iii) each parent can effectively facilitate the equal parent-time schedule. (b) To determine whether each parent has been actively involved in the minor child's life, the court shall consider: (i) each parent's demonstrated responsibility in caring for the minor child; (ii) each parent's involvement in child care; (iii) each parent's presence or volunteer efforts in the minor child's school and at extracurricular activities; (iv) each parent's assistance with the minor child's homework; (v) each parent's involvement in preparation of meals, bath time, and bedtime for the minor child; (vi) each parent's bond with the minor child; and (vii) any other factor the court considers relevant. (c) To determine whether each parent can effectively facilitate the equal parent-time schedule, the court shall consider: (i) the geographic distance between the residence of each parent and the distance between each residence and the minor child's school; (ii) each parent's ability to assist with the minor child's after school care; (iii) the health of the minor child and each parent, consistent with Subsection 81-9-204(4); (iv) the flexibility of each parent's employment or other schedule; (v) each parent's ability to provide appropriate playtime with the minor child; (vi) each parent's history and ability to implement a flexible schedule for the minor child; (vii) physical facilities of each parent's residence; and (viii) any other factor the court considers relevant. (2) (a) If the parties agree to or the court orders the equal parent-time schedule described in this section, a parenting plan in accordance with Section 81-9-203 shall be filed with an order incorporating the equal parent-time schedule. (b) An order under this section shall result in 182 overnights per year for one parent, and 183 overnights per year for the other parent. (c) Under the equal parent-time schedule, a parent is not considered to have the minor child the majority of the time for the purposes of Subsection 81-9-203(11)(e)(ii) or 81-9-205(10). (d) Child support for the equal parent-time schedule shall be consistent with Section 81-6-206. (e) A court shall determine which parent receives 182 overnights and which parent receives 183 overnights for parent-time. (3) (a) Unless the parents agree otherwise and subject to a holiday, the equal parent-time schedule is as follows: (i) one parent shall exercise parent-time starting Monday morning and ending Wednesday morning; (ii) the other parent shall exercise parent-time starting Wednesday morning and ending Friday morning; and (iii) each parent shall alternate weeks exercising parent-time starting Friday morning and ending Monday morning. (b) The child exchange shall take place: (i) at the time the minor child's school begins; or (ii) if school is not in session, at 9 a.m. (4) (a) The parents may create a holiday schedule. (b) If the parents are unable to create a holiday schedule under Subsection (4)(a), the court shall: (i) order the holiday schedule described in Section 81-9-302 or 81-9-304; and (ii) designate which parent shall exercise parent-time for each holiday described in Section 81-9-302 or 81-9-304. (5) (a) Each year, a parent may designate two consecutive weeks to exercise uninterrupted parent-time during the summer when school is not in session. (b) (i) One parent may make a designation at any time and the other parent may make a designation after May 1. (ii) A parent shall make a designation at least 30 days before the day on which the designated two-week period begins. (c) The court shall designate which parent may make the earlier designation described in Subsection (5)(b)(i) for an even numbered year with the other parent allowed to make the earlier designation in an odd numbered year. (d) The two consecutive weeks described in Subsection (5)(a) take precedence over all holidays except for Mother's Day and Father's Day.
Utah Code § 81-15-110 — Utah Code / Title 81 / Chapter 81-15 / § 81-15-110
§ 81-15-110. Temporary order or award.
Status: in_force

(1) Before an arbitrator is selected and able to act, the court may enter a temporary order on a motion of a party in accordance with this title and the Utah Rules of Civil Procedure. (2) After an arbitrator is selected: (a) the arbitrator may make a temporary award in accordance with this title and the Utah Rules of Civil Procedure; and (b) if the matter is urgent and the arbitrator is not able to act in a timely manner or provide an adequate remedy, the court may enter a temporary order on a motion by a party. (3) (a) On a motion of a party, before the court confirms a final award, the court under Section 81-15-115, 81-15-117, or 81-15-118 may confirm, correct, vacate, or amend a temporary award made under Subsection (2)(a). (b) If an arbitrator makes an temporary award in favor of a party to the arbitration proceeding, the prevailing party may move the court for an expedited order to confirm the temporary award. (c) On a motion described in Subsection (3)(b), the court shall issue an order confirming the temporary award unless the court vacates, alters, or amends the temporary award under this part. (4) On a motion of a party, the court may enforce a subpoena or interim award issued by an arbitrator for the fair and expeditious disposition of the arbitration.
Utah Code § 81-15-112 — Utah Code / Title 81 / Chapter 81-15 / § 81-15-112
§ 81-15-112. Powers and duties of arbitrator.
Status: in_force

(1) (a) An arbitrator shall conduct an arbitration in a manner the arbitrator considers appropriate for a fair and expeditious disposition of the dispute. (b) An arbitrator may conduct an arbitration remotely by electronic means. (2) An arbitrator shall provide each party a right to: (a) be heard; (b) present evidence material to the family law dispute; and (c) cross-examine witnesses. (3) Unless the parties otherwise agree in a record, an arbitrator's powers include the power to: (a) select the rules for conducting the arbitration; (b) hold conferences with the parties before a hearing; (c) determine the date, time, and place of a hearing; (d) require a party to provide: (i) a copy of a relevant court order; (ii) information required to be disclosed in a family law proceeding under a law of this state, other than this chapter; and (iii) a proposed award that addresses each issue in arbitration; (e) meet with or interview a minor child who is the subject of a child-related dispute; (f) appoint a private expert at the expense of the parties; (g) administer an oath or affirmation and issue a subpoena for the attendance of a witness or the production of documents and other evidence at a hearing; (h) compel discovery concerning the family law dispute and determine the date, time, and place of discovery; (i) determine the admissibility and weight of evidence; (j) permit deposition of a witness for use as evidence at a hearing; (k) prohibit a party from disclosing information for good cause; (l) appoint an attorney, guardian ad litem, or other representative for a minor child at the expense of the parties; (m) impose a procedure to protect a party or minor child from risk of harm, harassment, or intimidation; (n) allocate arbitration fees, attorney fees, expert witness fees, and other costs to the parties; and (o) impose a sanction on a party for bad faith or misconduct during the arbitration according to standards governing imposition of a sanction for litigant misconduct in a family law proceeding. (4) An arbitrator may not allow ex parte communication except to the extent allowed in a family law proceeding for communication with a judge.
Utah Code § 81-8-504 — Utah Code / Title 81 / Chapter 81-8 / § 81-8-504
§ 81-8-504. Immunity from civil liability.
Status: in_force

An employer that complies with an income withholding order issued in another state in accordance with this part is not subject to civil liability to an individual or agency with regard to the employer's withholding of child support from the obligor's income.
Utah Code § 81-4-101 — Utah Code / Title 81 / Chapter 81-4 / § 81-4-101
§ 81-4-101. Definitions for chapter.
Status: in_force

As used in this chapter: (1) "Alimony" means financial support made to a spouse or former spouse for the support and maintenance of that spouse. (2) "Child support" means the same as that term is defined in Section 81-6-101.
Utah Code § 81-14-102 — Utah Code / Title 81 / Chapter 81-14 / § 81-14-102
§ 81-14-102. Limitations on applicability.
Status: in_force

This chapter does not apply to custody of an Indian child, as defined in the Indian Child Welfare Act, 25 U.S.C. Sec. 1903, to the extent governed by the Indian Child Welfare Act, 25 U.S.C. Sec. 1901 through 1963.
Utah Code § 81-8-711 — Utah Code / Title 81 / Chapter 81-8 / § 81-8-711
§ 81-8-711. Modification of convention child support order.
Status: in_force

(1) A tribunal of this state may not modify a convention child support order if the obligee remains a resident of the foreign country where the support order was issued unless: (a) the obligee submits to the jurisdiction of a tribunal of this state, either expressly or by defending on the merits of the case without objecting to the jurisdiction at the first available opportunity; or (b) the foreign tribunal lacks or refuses to exercise jurisdiction to modify the foreign tribunal's support order or issue a new support order. (2) If a tribunal of this state does not modify a convention child support order because the order is not recognized in this state, Subsection 81-8-708(3) applies.
Utah Code § 81-5-621 — Utah Code / Title 81 / Chapter 81-5 / § 81-5-621
§ 81-5-621. Adjudication of parentage -- Dismissal for want of prosecution.
Status: in_force

(1) The tribunal may issue an order dismissing a proceeding commenced under this chapter for want of prosecution only without prejudice. (2) An order of dismissal for want of prosecution purportedly with prejudice is void and has only the effect of a dismissal without prejudice.
Utah Code § 81-5-312 — Utah Code / Title 81 / Chapter 81-5 / § 81-5-312
§ 81-5-312. Release of information.
Status: in_force

The Office of Vital Records and Statistics may release information relating to the declaration of paternity or denial of paternity to a signatory of the declaration or denial and to tribunals and federal, tribal, and state child support services agencies of this state or another state.
Utah Code § 81-10-203 — Utah Code / Title 81 / Chapter 81-10 / § 81-10-203
§ 81-10-203. Modification of agreement.
Status: in_force

(1) By mutual consent, the parents of a child may modify an agreement regarding custodial responsibility made in accordance with this part. (2) If an agreement is modified under Subsection (1) before deployment of a deploying parent, the modification shall be in writing and signed by both parents and any nonparent who will exercise custodial responsibility under the modified agreement. (3) If an agreement is modified under Subsection (1) during deployment of a deployed parent, the modification shall be agreed to in a record by both parents and any nonparent who will exercise custodial responsibility under the modified agreement.
Utah Code § 81-11-107 — Utah Code / Title 81 / Chapter 81-11 / § 81-11-107
§ 81-11-107. Notice to persons outside state.
Status: in_force

(1) (a) Notice required for the exercise of jurisdiction when a person is outside this state may be given in a manner prescribed by the law of this state for the service of process or by the law of the state in which the service is made. (b) Notice shall be given in a manner reasonably calculated to give actual notice, but may be by publication if other means are not effective. (2) Proof of service may be made in the manner prescribed by the law of this state or by the law of the state in which the service is made. (3) Notice is not required for the exercise of jurisdiction with respect to a person who submits to the jurisdiction of the court.
Utah Code § 81-13-302 — Utah Code / Title 81 / Chapter 81-13 / § 81-13-302
§ 81-13-302. Who may adopt an adult.
Status: in_force

(1) Except as provided in Subsections (2) and (3), an adult may adopt another adult. (2) A married adult who is lawfully separated from the married adult's spouse may not adopt another adult without the consent of the married adult's spouse if the spouse is capable of giving consent. (3) An individual adopting an adult may not adopt the adult unless: (a) the individual is at least 10 years older than the adult; or (b) at least one individual of a married couple is at least 10 years older than the adult if a married couple is adopting the adult. (4) The placement requirements described in Part 4, Placement of a Minor Child or Vulnerable Adult for Adoption, apply to an adult adoptee that is a vulnerable adult regardless of whether the adult adoptee resides, or will reside, with the adoptive parents, unless the court waives the placement requirements upon a finding of good cause.
Utah Code § 81-6-104 — Utah Code / Title 81 / Chapter 81-6 / § 81-6-104
§ 81-6-104. Duty of parents to provide support for a child -- Support follows the child.
Status: in_force

(1) (a) Every child is presumed to be in need of the support of the child's parents. (b) Every parent shall support their child. (c) Nothing in this chapter relieves a parent of the primary obligation of support for the parent's child. (2) Except as limited in a court order under Section 81-6-208: (a) the expenses incurred on behalf of a minor child for reasonable and necessary medical and dental expenses and other necessities are chargeable upon the property of both parents, regardless of the marital status of the parents; and (b) a creditor may sue a parent for the expenses described in Subsection (2)(a) incurred on behalf of a minor child. (3) (a) A parent whose minor child has become a ward of this or any other state is not relieved of the primary obligation to support that child until the minor child is 18 years old or is legally married, regardless of any agreements or legal defenses that exist between the parents or other care providers. (b) Any state that provides support for a child shall have the right to reimbursement. (c) A third party has a right to recover support from a parent. (4) An obligation ordered for child support and medical expenses: (a) are for the use and benefit of the child; and (b) shall follow the child in a case in which a parent, or another person, is awarded sole physical custody of the child as described in Subsection 81-6-205(8). (5) The rights created in this chapter are in addition to and not in substitution to any other rights.
Utah Code § 81-8-301 — Utah Code / Title 81 / Chapter 81-8 / § 81-8-301
§ 81-8-301. Proceedings under chapter.
Status: in_force

(1) Except as otherwise provided in this chapter, this part applies to all proceedings under this chapter. (2) An individual petitioner or a child support services agency may initiate a proceeding authorized under this chapter by filing a petition in an initiating tribunal for forwarding to a responding tribunal or by filing a petition or a comparable pleading directly in a tribunal of another state or a foreign country that has or can obtain personal jurisdiction over the respondent.
Utah Code § 81-10-103 — Utah Code / Title 81 / Chapter 81-10 / § 81-10-103
§ 81-10-103. Jurisdiction.
Status: in_force

(1) A court may issue an order regarding custodial responsibility under this chapter only if the court has jurisdiction under Chapter 11, Uniform Child Custody Jurisdiction and Enforcement Act. (2) If a court has issued a temporary order regarding custodial responsibility pursuant to Part 3, Judicial Procedure for Granting Custodial Responsibility During Deployment, the residence of the deploying parent is not changed by reason of the deployment for the purposes of Chapter 11, Uniform Child Custody Jurisdiction and Enforcement Act, during the deployment. (3) If a court has issued a permanent order regarding custodial responsibility before notice of deployment and the parents modify that order temporarily by agreement pursuant to Part 2, Agreement Addressing Custodial Responsibility During Deployment, the residence of the deploying parent is not changed by reason of the deployment for the purposes of Chapter 11, Uniform Child Custody Jurisdiction and Enforcement Act. (4) If a court in another state has issued a temporary order regarding custodial responsibility as a result of impending or current deployment, the residence of the deploying parent is not changed by reason of the deployment for the purposes of Chapter 11, Uniform Child Custody Jurisdiction and Enforcement Act. (5) This section does not prevent a court from exercising temporary emergency jurisdiction under Chapter 11, Uniform Child Custody Jurisdiction and Enforcement Act.
Utah Code § 81-11-315 — Utah Code / Title 81 / Chapter 81-11 / § 81-11-315
§ 81-11-315. Role of prosecutor or attorney general.
Status: in_force

(1) In a case arising under this chapter or involving the Hague Convention on the Civil Aspects of International Child Abduction, the prosecutor or attorney general may take any lawful action, including resort to a proceeding under this chapter or any other available civil proceeding to locate a minor child, obtain the return of a minor child, or enforce a child custody determination if there is: (a) an existing child custody determination; (b) a request from a court in a pending child custody case; (c) a reasonable belief that a criminal statute has been violated; or (d) a reasonable belief that the minor child has been wrongfully removed or retained in violation of the Hague Convention on the Civil Aspects of International Child Abduction. (2) A prosecutor or attorney general acts on behalf of the court and may not represent any party to a child custody determination.
Utah Code § 81-8-318 — Utah Code / Title 81 / Chapter 81-8 / § 81-8-318
§ 81-8-318. Assistance with discovery.
Status: in_force

A tribunal of this state may: (1) request a tribunal outside this state to assist in obtaining discovery; and (2) upon request, compel a person over whom it has jurisdiction to respond to a discovery order issued by a tribunal outside this state.
Utah Code § 81-13-502 — Utah Code / Title 81 / Chapter 81-13 / § 81-13-502
§ 81-13-502. Applicability of part.
Status: in_force

(1) Sections 81-13-503 through 81-13-505 do not apply to an adoption of a minor child by a stepparent whose spouse is the adoptee's parent. (2) Sections 81-13-503 through 81-13-505 apply only to an adoption of an adoptee born in this state.
Utah Code § 81-14-402 — Utah Code / Title 81 / Chapter 81-14 / § 81-14-402
§ 81-14-402. 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 15 U.S.C. Sec. 7001(c), or authorize electronic delivery of any of the notices described in 15 U.S.C. Sec. 7003(b).
Utah Code § 81-12-104 — Utah Code / Title 81 / Chapter 81-12 / § 81-12-104
§ 81-12-104. Jurisdiction.
Status: in_force

(1) A petition under this chapter may be filed only in a court that has jurisdiction to make a child custody determination with respect to the minor child at issue under Chapter 11, Uniform Child Custody Jurisdiction and Enforcement Act. (2) A court of this state has temporary emergency jurisdiction under Section 81-11-204 if the court finds a credible risk of abduction.
Utah Code § 81-1-204 — Utah Code / Title 81 / Chapter 81-1 / § 81-1-204
§ 81-1-204. Continuing jurisdiction of a court in a domestic relations action.
Status: in_force

In an action under this title, the court has continuing jurisdiction after a decree or final order is entered to make subsequent changes to the order, or to enter a new order, including an order regarding: (1) the distribution of the property and obligations for debts, as is reasonable and necessary, for an action described in Chapter 4, Dissolution of Marriage; (2) alimony in accordance with Section 81-4-504; (3) child support and medical expenses in accordance with Sections 81-6-208 and 81-6-212; and (4) custody and parent-time in accordance with Section 81-9-208.
Utah Code § 81-5-401 — Utah Code / Title 81 / Chapter 81-5 / § 81-5-401
§ 81-5-401. Maintenance of records.
Status: in_force

(1) The Office of Vital Records and Statistics shall register the following records that are filed with the office: (a) all declarations of paternity; (b) all judicial and administrative determinations of parentage; and (c) all notices of proceedings to establish parentage that are filed in accordance with Sections 81-13-207, 81-13-212, and 81-13-213. (2) A notice of initiation of parentage proceedings may not be accepted into the registry unless accompanied by a copy of the pleading that has been filed with the court to establish parentage. (3) A notice of initiation of parentage proceedings may not be filed if another man is the adjudicated or declarant father.
Utah Code § 81-8-308 — Utah Code / Title 81 / Chapter 81-8 / § 81-8-308
§ 81-8-308. Duty of attorney general.
Status: in_force

(1) If the attorney general determines that the child support services agency is neglecting or refusing to provide services to an individual, the attorney general may order the agency to perform the agency's duties under this chapter or may provide those services directly to the individual. (2) The attorney general may determine that a foreign country has established a reciprocal arrangement for child support with this state and take appropriate action for notification of the determination.
Utah Code § 81-13-208 — Utah Code / Title 81 / Chapter 81-13 / § 81-13-208
§ 81-13-208. Prebirth notice to birth father of intent to place a minor child for adoption.
Status: in_force

(1) As used in this section, "birth father" means: (a) a potential birth father; or (b) an unmarried biological father. (2) Before the birth of a minor child, the following persons may notify a birth father of the minor child that the birth mother of the minor child is considering an adoptive placement for the minor child: (a) the minor child's birth mother; (b) a licensed child-placing agency; (c) an attorney representing a prospective adoptive parent of the minor child; or (d) an attorney representing the birth mother of the minor child. (3) Providing a birth father with notice under Subsection (2) does not obligate the birth mother of the minor child to proceed with an adoptive placement of the minor child. (4) The notice described in Subsection (2) shall include the name, address, and telephone number of the person providing the notice and the following information: (a) the birth mother's intent to place the minor child for adoption; (b) that the birth mother has named the person receiving this notice as a potential birth father of the minor child; (c) the requirements to contest the adoption, including taking the following steps within 30 days after the day on which the notice is served: (i) initiating proceedings to establish or assert paternity in a court with jurisdiction under Title 78A, Judiciary and Judicial Administration, within 30 days after the day on which notice is served, including filing an affidavit stating: (A) that the birth father is fully able and willing to have full custody of the minor child; (B) the birth father's plans to care for the minor child; and (C) that the birth father agrees to pay for child support and expenses incurred in connection with the pregnancy and birth of the minor child; and (ii) filing a notice of commencement of parentage proceedings with the office; (d) the consequences for failure to comply with Subsection (4)(c), including that: (i) the birth father's ability to assert the right, if any, to consent or refuse to consent to the adoption is irrevocably lost; (ii) the birth father will lose the ability to assert the right to contest any future adoption of the minor child; and (iii) the birth father will lose the right, if any, to notice of any adoption proceedings related to the minor child; (e) that the birth father may consent to the adoption, if any, within 30 days after the day on which the notice is received, and that the birth father's consent is irrevocable; and (f) that no communication between the birth mother of the minor child and the birth father changes the rights and responsibilities of the birth father described in the notice. (5) If a birth father does not fully and strictly comply with the requirements of Subsection (4)(c) within 30 days after the day on which the birth father receives the notice, the birth father will lose: (a) the ability to assert the right to consent or refuse to consent to an adoption of the minor child described in the notice; (b) the ability to assert the right to contest any future adoption of the minor child described in the notice; and (c) the right to notice of any adoption proceedings relating to the minor child described in the notice. (6) If a person described in Subsection (2) chooses to notify a birth father under this section, the notice shall be served on a birth father in a manner consistent with the Utah Rules of Civil Procedure or by certified mail.
Utah Code § 81-5-603 — Utah Code / Title 81 / Chapter 81-5 / § 81-5-603
§ 81-5-603. Parties to proceeding.
Status: in_force

The following individuals shall be joined as parties in a proceeding to adjudicate parentage: (1) the birth mother of the child; (2) a man whose paternity of the child is to be adjudicated; and (3) the state in accordance with Section 81-6-106.
Utah Code § 81-13-503 — Utah Code / Title 81 / Chapter 81-13 / § 81-13-503
§ 81-13-503. Nonidentifying health history of adoptee filed with office -- Limited availability.
Status: in_force

(1) (a) Upon finalization of an adoption in this state of a minor child, the person who proceeded on behalf of the petitioner for adoption, or a child-placing agency if an agency is involved in the adoption, shall file a report with the office, in the form established by the office. (b) The report described in Subsection (1)(a) shall include a detailed health history, and a genetic and social history of the adoptee. (2) The report described in Subsection (1)(a) may not contain identifying information or any information that identifies the adoptee's pre-existing parents or members of their families. (3) When the report described in Subsection (1)(a) is filed, a duplicate report shall be provided to the adoptive parents. (4) The report described in Subsection (1)(a) shall only be available upon request, and upon presentation of positive identification, to the following persons: (a) the adoptive parents; (b) in the event of the death of the adoptive parents, the adoptee's legal guardian; (c) the adoptee; (d) in the event of the death of the adoptee, the adoptee's spouse if the spouse is the parent or guardian of the adoptee's child; (e) the adoptee's child or descendant; (f) the adoptee's pre-existing parent; and (g) the adoptee's adult sibling. (5) No identifying information or information that identifies a pre-existing parent or the pre-existing parent's family may be disclosed under this section. (6) The actual cost of providing information under this section shall be paid by the person requesting the information. (7) A child-placing agency may provide a copy of the report described in Subsection (1)(a) and information in the child-placing agency's files, except identifying information, to a child adoptee who is 18 years old or older, a pre-existing parent, or an adoptive parent. (8) Notwithstanding Subsection (7), identifying information may be released to the extent that the individual who is the subject of the information provides written authorization of the information's release.
Utah Code § 81-15-122 — Utah Code / Title 81 / Chapter 81-15 / § 81-15-122
§ 81-15-122. Enforcement of confirmed award.
Status: in_force

(1) The court shall enforce an award confirmed under Section 81-15-115, including a temporary award, in the manner and to the same extent as any other order or judgment of a court. (2) The court shall enforce an arbitration award in a family law dispute confirmed by a court in another state in the manner and to the same extent as any other order or judgment from another state.
Utah Code § 81-8-710 — Utah Code / Title 81 / Chapter 81-8 / § 81-8-710
§ 81-8-710. Foreign support agreement.
Status: in_force

(1) Except as otherwise provided in Subsections (3) and (4), a tribunal of this state shall recognize and enforce a foreign support agreement registered in this state. (2) An application or direct request for recognition and enforcement of a foreign support agreement shall be accompanied by: (a) a complete text of the foreign support agreement; and (b) a record stating that the foreign support agreement is enforceable as an order of support in the issuing country. (3) A tribunal of this state may vacate the registration of a foreign support agreement only if, acting on its own motion, the tribunal finds that recognition and enforcement would be manifestly incompatible with public policy. (4) In a contest of a foreign support agreement, a tribunal of this state may refuse recognition and enforcement of the agreement if the tribunal finds: (a) recognition and enforcement of the agreement is manifestly incompatible with public policy; (b) the agreement was obtained by fraud or falsification; (c) the agreement is incompatible with a support order involving the same parties and having the same purpose in this state, another state, or a foreign country if the support order is entitled to recognition and enforcement under this chapter in this state; or (d) the record submitted under Subsection (2) lacks authenticity or integrity. (5) A proceeding for recognition and enforcement of a foreign support agreement shall be suspended during the pendency of a challenge to or appeal of the agreement before a tribunal of another state or a foreign country.
Utah Code § 81-5-201 — Utah Code / Title 81 / Chapter 81-5 / § 81-5-201
§ 81-5-201. Establishment of parent-child relationship.
Status: in_force

(1) (a) The mother-child relationship is established between a woman and a child by: (i) the woman's having given birth to the child, except as otherwise provided in Part 8, Gestational Agreement; (ii) an adjudication of the woman's maternity; (iii) adoption of the child by the woman; (iv) an adjudication confirming the woman as a parent of a child born to a gestational mother if the agreement was validated under Part 8, Gestational Agreement, or is enforceable under other law; or (v) an unrebutted presumption of maternity of the child established in the same manner as under Section 81-5-204. (b) In this chapter, the presumption of maternity shall be treated the same as a presumption of paternity as established in Subsection (2)(a). (2) The father-child relationship is established between a man and a child by: (a) an unrebutted presumption of the man's paternity of the child under Section 81-5-204; (b) an effective declaration of paternity by the man under Part 3, Voluntary Declaration of Paternity, unless the declaration has been rescinded or successfully challenged; (c) an adjudication of the man's paternity; (d) adoption of the child by the man; (e) the man having consented to assisted reproduction by a woman under Part 7, Assisted Reproduction, which resulted in the birth of the child; or (f) an adjudication confirming the man as a parent of a child born to a gestational mother if the agreement was validated under Part 8, Gestational Agreement, or is enforceable under other law.
Utah Code § 81-5-104 — Utah Code / Title 81 / Chapter 81-5 / § 81-5-104
§ 81-5-104. Authority of Office of Recovery Services -- Duty of attorney general and county attorney.
Status: in_force

(1) The Office of Recovery Services is authorized to establish parentage in accordance with this chapter, Title 26B, Chapter 9, Recovery Services and Administration of Child Support, and Title 63G, Chapter 4, Administrative Procedures Act. (2) Whenever the state commences an action under this chapter, the attorney general, or the county attorney of the county where the obligee resides, shall represent the state. (3) The attorney general or the county attorney does not represent or have an attorney-client relationship with the obligee or the obligor in carrying out the duties under this chapter.
Utah Code § 81-11-108 — Utah Code / Title 81 / Chapter 81-11 / § 81-11-108
§ 81-11-108. Appearance and limited immunity.
Status: in_force

(1) A party to a child custody proceeding who is not subject to personal jurisdiction in this state and is a responding party under Part 2, Jurisdiction, a party in a proceeding to modify a child custody determination under Part 2, Jurisdiction, or a petitioner in a proceeding to enforce or register a child custody determination under Part 3, Enforcement, may appear and participate in the proceeding without submitting to personal jurisdiction over the party for another proceeding or purpose. (2) (a) A party is not subject to personal jurisdiction in this state solely by being physically present for the purpose of participating in a proceeding under this chapter. (b) If a party is subject to personal jurisdiction in this state on a basis other than physical presence, the party may be served with process in this state. (c) If a party present in this state is subject to the jurisdiction of another state, service of process allowable under the laws of that state may be accomplished in this state. (3) The immunity granted by this section does not extend to civil litigation based on acts unrelated to the participation in a proceeding under this chapter committed by an individual while present in this state.
Utah Code § 81-6-208 — Utah Code / Title 81 / Chapter 81-6 / § 81-6-208
§ 81-6-208. Requirements for a child support order regarding medical expenses -- Determination of parental liability for medical expenses.
Status: in_force

(1) As used in this section, "health insurance" means the same as that term is defined in Section 31A-1-301. (2) Except as provided in Subsection (4), a child support order issued or modified in this state on or after May 3, 2023, shall require compliance with the requirements described in Subsection (3) as of the effective date of the child support order. (3) A child support order shall: (a) require the parents provide health care coverage for the medical expenses of a child; (b) require the parents provide health insurance for the medical expenses of a child if health insurance is available to the parents at a reasonable cost; (c) designate which health insurance plan is primary and which health insurance plan is secondary if, at any time, a child is covered by both parents' health insurance plans as described in Subsection (7); (d) require each parent to share equally the out-of-pocket costs of the premium actually paid by a parent for the child's portion of health insurance; and (e) include a provision that requires each parent to equally share all reasonable and necessary uninsured and unreimbursed medical and dental expenses incurred for a child, including co-payments, co-insurance, and deductibles. (4) The court may deviate from the requirements described in Subsection (3) if: (a) the court makes specific findings establishing good cause for the deviation; or (b) subject to the court's approval, the parents agree which parent shall provide health insurance for the child. (5) In determining whether to take the action described in Subsection (4), the court may consider: (a) the reasonableness of the cost; (b) the availability of a group insurance policy; (c) the coverage of the policy; or (d) the preference of the custodial parent. (6) Subject to Subsection (4), if a child support order does not contain the requirements described in Subsection (3): (a) the parents are nonetheless subject to the requirements described in Subsection (3), as applicable; and (b) for purposes of Subsection (3)(c), the health insurance plan of the parent whose birthday falls first in the calendar year is primary, and the health insurance plan of the parent whose birthday falls second in the calendar year is secondary. (7) (a) The provisions of an order under Subsection (3)(c) shall: (i) take effect if at any time a child is covered by both parents' health insurance plans; and (ii) include the following language: "If, at any point in time, a child is covered by the health insurance plans of both parents, the health insurance plan of (Parent's Name) shall be primary coverage for the child and the health insurance plan of (Other Parent's Name) shall be secondary coverage for the child. If a parent remarries and the child is not covered by that parent's health insurance plan but is covered by a step-parent's plan, the health insurance plan of the step-parent shall be treated as if it is the plan of the remarried parent and shall retain the same designation as the primary or secondary plan of the child." (b) A court or administrative agency may not modify the language required by Subsection (7)(a)(ii). (c) Notwithstanding Subsection (7)(b), the court may allocate the payment of medical expenses including co-payments, deductibles, and co-insurance not covered by health insurance between the parents. (d) In designating primary coverage pursuant to Subsection (3)(c), the court may take into account: (i) the birth dates of the parents; (ii) a requirement in a court order, if any, for one of the parents to maintain health insurance coverage for a child; (iii) the parent with physical custody of the child; or (iv) any other factor the court considers relevant. (8) (a) The parent who provides health insurance may receive credit against the base child support award or recover the other parent's share of the child's portion of the premium. (b) If the parent does not have health insurance but another member of the parent's household provides health insurance for the child, the parent may receive credit against the base child support award or recover the other parent's share of the child's portion of the premium. (9) (a) The child's portion of the premium is a per capita share of the premium actually paid. (b) The premium expense for a child shall be calculated by dividing the premium amount by the number of persons covered under the policy and multiplying the result by the number of children in the instant case. (10) (a) The parent maintaining health care coverage or insurance shall provide verification of coverage to the other parent, or to the office under Title IV of the Social Security Act, 42 U.S.C. Sec. 601 et seq., upon initial enrollment of the child, and after initial enrollment on or before January 2 of each calendar year. (b) The parent shall notify the other parent, or the office under Title IV of the Social Security Act, 42 U.S.C. Sec. 601 et seq., of any change of insurance carrier, premium, or benefits within 30 calendar days of the date the parent first knew or should have known of the change. (c) A parent who incurs medical expenses shall provide written verification of the cost and payment of medical expenses to the other parent within 30 days of payment. (d) The court may deny a parent incurring medical expenses the right to receive credit for the expenses or to recover the other parent's share of the expenses if that parent fails to comply with this Subsection (10). (11) (a) The court or administrative agency may issue an order determining the amount of a parent's liability for medical expenses of a child when the parent: (i) is required by a prior court or administrative order to: (A) share those expenses with the other parent of the child; or (B) obtain insurance for medical expenses but fails to do so; or (ii) receives direct payment from an insurer under insurance coverage obtained after the prior court or administrative order was issued. (b) If the prior court or administrative order does not specify what proportions of the expenses are to be shared: (i) the court may determine the amount of liability as may be reasonable and necessary; and (ii) the administrative agency may determine the amount of liability in accordance with established rules. (c) This Subsection (11) applies to an order without regard to when the order was issued.
Utah Code § 81-6-102 — Utah Code / Title 81 / Chapter 81-6 / § 81-6-102
§ 81-6-102. Application of chapter.
Status: in_force

This chapter applies to any judicial or administrative order establishing or modifying an award of child support entered on or after July 1, 1989.
Utah Code § 81-4-204 — Utah Code / Title 81 / Chapter 81-4 / § 81-4-204
§ 81-4-204. Custody and maintenance of children -- Property and debt division -- Support payments.
Status: in_force

(1) In an action under this part, the court may by order or decree: (a) provide for the care, custody, and maintenance of a minor child of the parties ; (b) (i) provide for support of a spouse and the support of a minor child remaining with that spouse; (ii) provide how and when support payments are made; and (iii) provide that a spouse have a lien upon the property of the other spouse to secure payment of the support or maintenance obligation; (c) award to a spouse the possession of any real or personal property of the other spouse or acquired by the spouses during the marriage; (d) specify which party is responsible for the payment of joint debts, obligations, or liabilities of the parties contracted or incurred during marriage in accordance with Section 15-4-6.5; (e) require the parties to notify respective creditors or obligees regarding the court's division of debts, obligations, or liabilities and regarding the parties' separate and current addresses in accordance with Section 15-4-6.5; or (f) provide for the enforcement of the orders described in Subsections (1)(a) and (e). (2) A court may enforce an order or decree under this section: (a) by sale of any property of the spouse; (b) by contempt proceedings; or (c) as is otherwise necessary. (3) The court may: (a) change the support or maintenance of a party from time to time according to circumstances; or (b) terminate altogether any obligation upon satisfactory proof of voluntary and permanent reconciliation. (4) An order or decree of support or maintenance described in this part is valid only during the joint lives of the parties.
Utah Code § 81-13-205 — Utah Code / Title 81 / Chapter 81-13 / § 81-13-205
§ 81-13-205. Petition to terminate parental rights of a minor child.
Status: in_force

7/1/2026 (1) A party may bring a petition seeking to terminate parental rights to a minor child for the purpose of facilitating the adoption of the minor child in a court with jurisdiction under Title 78A, Judiciary and Judicial Administration. (2) A petition to terminate parental rights under this section may be: (a) joined with a proceeding on an adoption petition; or (b) filed as a separate proceeding before or after a petition to adopt the minor child is filed. (3) A court may enter a final order terminating parental rights before a final decree of adoption is entered. (4) (a) Nothing in this section limits the jurisdiction of a juvenile court relating to proceedings to terminate parental rights as described in Section 78A-6-103. (b) A court may not terminate parental rights to a minor child if the minor child is under the jurisdiction of the juvenile court in a pending abuse, neglect, dependency, or termination of parental rights proceeding. (5) The court may terminate an individual's parental rights to a minor child if: (a) the individual executes a voluntary consent to adoption, or relinquishment for adoption, of the minor child, in accordance with: (i) the requirements of this chapter; or (ii) the laws of another state or country, if the consent is valid and irrevocable; (b) the individual is an unmarried biological father who is not entitled to consent to adoption, or relinquishment for adoption, under Section 81-13-212 or 81-13-213; (c) the individual: (i) received notice of the adoption proceeding relating to the minor child under Section 81-13-207; and (ii) failed to file a motion for relief, under Subsection 81-13-207(6), within 30 days after the day on which the individual was served with notice of the adoption proceeding; (d) the court finds, under Section 81-5-607, that the individual is not a parent of the minor child; or (e) the individual's parental rights are terminated on grounds described in Title 80, Chapter 4, Termination and Restoration of Parental Rights, and termination is in the best interests of the minor child. (6) The court shall appoint an indigent defense service provider in accordance with Title 78B, Chapter 22, Indigent Defense Act, to represent a parent, as defined in Section 81-13-211, who faces any action initiated by a private party under Title 80, Chapter 4, Termination and Restoration of Parental Rights, or whose parental rights are subject to termination under this section. (7) If a county incurs expenses in providing indigent defense services to an indigent individual facing any action initiated by a private party under Title 80, Chapter 4, Termination and Restoration of Parental Rights, or termination of parental rights under this section, the county may apply for reimbursement from the Indigent Defense Commission in accordance with Section 75E-9-203. (8) A petition filed under this section is subject to the procedural requirements of this chapter.7/1/2026 (1) A party may bring a petition seeking to terminate parental rights to a minor child for the purpose of facilitating the adoption of the minor child in a court with jurisdiction under Title 78A, Judiciary and Judicial Administration. (2) A petition to terminate parental rights under this section may be: (a) joined with a proceeding on an adoption petition; or (b) filed as a separate proceeding before or after a petition to adopt the minor child is filed. (3) A court may enter a final order terminating parental rights before a final decree of adoption is entered. (4) (a) Nothing in this section limits the jurisdiction of a juvenile court relating to proceedings to terminate parental rights as described in Section 78A-6-103. (b) A court may not terminate parental rights to a minor child if the minor child is under the jurisdiction of the juvenile court in a pending abuse, neglect, dependency, or termination of parental rights proceeding. (5) The court may terminate an individual's parental rights to a minor child if: (a) the individual executes a voluntary consent to adoption, or relinquishment for adoption, of the minor child, in accordance with: (i) the requirements of this chapter; or (ii) the laws of another state or country, if the consent is valid and irrevocable; (b) the individual is an unmarried biological father who is not entitled to consent to adoption, or relinquishment for adoption, under Section 81-13-212 or 81-13-213; (c) the individual: (i) received notice of the adoption proceeding relating to the minor child under Section 81-13-207; and (ii) failed to file a motion for relief, under Subsection 81-13-207(6), within 30 days after the day on which the individual was served with notice of the adoption proceeding; (d) the court finds, under Section 81-5-607, that the individual is not a parent of the minor child; or (e) the individual's parental rights are terminated on grounds described in Title 80, Chapter 4, Termination and Restoration of Parental Rights, and termination is in the best interests of the minor child. (6) The court shall appoint an indigent defense service provider in accordance with Title 78B, Chapter 22, Indigent Defense Act, to represent a parent, as defined in Section 81-13-211, who faces any action initiated by a private party under Title 80, Chapter 4, Termination and Restoration of Parental Rights, or whose parental rights are subject to termination under this section. (7) If a county incurs expenses in providing indigent defense services to an indigent individual facing any action initiated by a private party under Title 80, Chapter 4, Termination and Restoration of Parental Rights, or termination of parental rights under this section, the county may apply for reimbursement from the Indigent Defense Commission in accordance with Section 75E-9-203. (8) A petition filed under this section is subject to the procedural requirements of this chapter.
Utah Code § 81-11-318 — Utah Code / Title 81 / Chapter 81-11 / § 81-11-318
§ 81-11-318. Transitional provision.
Status: in_force

A motion or other request for relief made in a child custody or enforcement proceeding that was commenced before July 1, 2000, is governed by the law in effect at the time the motion or other request was made.
Utah Code § 81-4-301 — Utah Code / Title 81 / Chapter 81-4 / § 81-4-301
§ 81-4-301. Definitions for part.
Status: in_force

As used in this part: (1) "Petitioner" means an individual who brings a petition for an annulment. (2) "Respondent" means the individual against whom a petition for an annulment is brought.
Utah Code § 81-4-302 — Utah Code / Title 81 / Chapter 81-4 / § 81-4-302
§ 81-4-302. Annulment -- Grounds.
Status: in_force

A court may annul a marriage for any of the following causes existing at the time of the marriage: (1) when the marriage is prohibited or void under Title 81, Chapter 2, Part 4, Validity of Marriage; or (2) upon grounds existing at common law.
Utah Code § 81-8-306 — Utah Code / Title 81 / Chapter 81-8 / § 81-8-306
§ 81-8-306. Inappropriate tribunal.
Status: in_force

If a petition or comparable pleading is received by an inappropriate tribunal of this state, the tribunal shall forward the pleading and accompanying documents to an appropriate tribunal in this state or another state and notify the petitioner where and when the pleading was sent.
Utah Code § 81-8-605 — Utah Code / Title 81 / Chapter 81-8 / § 81-8-605
§ 81-8-605. Notice of registration of order.
Status: in_force

(1) (a) When a support order or income-withholding order issued in another state, or a foreign support order, is registered, the registering tribunal of this state shall notify the nonregistering party. (b) The notice shall be accompanied by a copy of the registered order and the documents and relevant information accompanying the order. (2) A notice shall inform the nonregistering party: (a) that a registered order is enforceable as of the date of registration in the same manner as an order issued by a tribunal of this state; (b) that a hearing to contest the validity or enforcement of the registered order shall be requested within 20 days after notice, unless the registered order is under Section 81-8-707; (c) that failure to contest the validity or enforcement of the registered order in a timely manner will result in confirmation of the order and enforcement of the order and the alleged arrearages; and (d) of the amount of any alleged arrearages. (3) If the registering party asserts that two or more orders are in effect, a notice shall also: (a) identify the two or more orders and the order alleged by the registering party to be the controlling order and the consolidated arrears, if any; (b) notify the nonregistering party of the right to a determination of which is the controlling order; (c) state that the procedures provided in Subsection (2) apply to the determination of which is the controlling order; and (d) state that failure to contest the validity or enforcement of the order alleged to be the controlling order in a timely manner may result in confirmation that the order is the controlling order. (4) Upon registration of an income-withholding order for enforcement, the child support services agency or the registering tribunal shall notify the obligor's employer in accordance with Title 26B, Chapter 9, Part 3, Income Withholding in IV-D Cases.
Utah Code § 81-8-104 — Utah Code / Title 81 / Chapter 81-8 / § 81-8-104
§ 81-8-104. Remedies cumulative.
Status: in_force

(1) Remedies provided by this chapter are cumulative and do not affect the availability of remedies under other law or the recognition of a foreign support order on the basis of comity. (2) This chapter does not: (a) provide the exclusive method of establishing or enforcing a support order under the law of this state; or (b) grant a tribunal of this state jurisdiction to render judgment or issue an order relating to child custody or parent-time in a proceeding under this chapter.
Utah Code § 81-11-111 — Utah Code / Title 81 / Chapter 81-11 / § 81-11-111
§ 81-11-111. Cooperation between courts -- Preservation of records.
Status: in_force

(1) A court of this state may request the appropriate court of another state to: (a) hold an evidentiary hearing; (b) order a person to produce or give evidence under procedures of that state; (c) order that an evaluation be made with respect to the custody of a minor child involved in a pending proceeding; (d) forward to the court of this state a certified copy of the transcript of the record of the hearing, the evidence otherwise presented, and any evaluation prepared in compliance with the request; and (e) order a party to a child custody proceeding or any person having physical custody of the minor child to appear in the proceeding with or without the minor child. (2) Upon request of a court of another state, a court of this state may: (a) hold a hearing or enter an order described in Subsection (1); or (b) order a person in this state to appear alone or with the minor child in a custody proceeding in another state. (3) (a) A court of this state may condition compliance with a request under Subsection (2)(b) upon assurance by the other state that travel and other necessary expenses will be advanced or reimbursed. (b) If an individual who has physical custody of the minor child cannot be served or fails to obey the order, or it appears the order will be ineffective, the court may issue a warrant of arrest against the individual to secure the individual's appearance with the minor child in the other state. (4) Travel and other necessary and reasonable expenses incurred under Subsections (1) and (2) may be assessed against the parties according to the law of this state. (5) (a) A court of this state shall preserve the pleadings, orders, decrees, records of hearings, evaluations, and other pertinent records with respect to a child custody proceeding until the minor child is 18 years old. (b) Upon appropriate request by a court or law enforcement official of another state, the court shall forward a certified copy of these records.
Utah Code § 81-11-304 — Utah Code / Title 81 / Chapter 81-11 / § 81-11-304
§ 81-11-304. Temporary parent-time.
Status: in_force

(1) A court of this state which does not have jurisdiction to modify a child custody determination may issue a temporary order enforcing: (a) a parent-time schedule made by a court of another state; or (b) the parent-time provisions of a child custody determination of another state that does not provide for a specific parent-time schedule. (2) (a) If a court of this state makes an order under Subsection (1)(b), the court shall specify in the order a period that the court considers adequate to allow the petitioner to obtain an order from a court having jurisdiction under the criteria specified in Part 2, Jurisdiction. (b) The order remains in effect until an order is obtained from the other court or the period expires.
Utah Code § 81-13-203 — Utah Code / Title 81 / Chapter 81-13 / § 81-13-203
§ 81-13-203. Who may adopt -- Adoption of a minor child.
Status: in_force

(1) An adult may adopt a minor child in accordance with this section and this chapter. (2) Except as otherwise provided in this section and subject to the placement requirements described in Section 81-13-403, a minor child may be adopted by: (a) adults who are legally married to each other in accordance with the laws of this state, including adoption by a stepparent; or (b) an adult who is not married. (3) If an adult is cohabiting in a relationship that is not a legally valid and binding marriage under the laws of this state, the adult may not adopt a minor child unless the individual is a relative of the minor child or a recognized placement under the Indian Child Welfare Act, 25 U.S.C. Sec. 1901 et seq. (4) A married adult who is lawfully separated from the married adult's spouse may not adopt a minor child without the consent of the married adult's spouse if the spouse is capable of giving consent. (5) An adult may not adopt a minor child unless: (a) the adult is at least 10 years older than the minor child; or (b) at least one adult of a married couple is at least 10 years older than the minor child if a married couple is adopting the minor child. (6) Except as provided in Subsection (7), an adult may not adopt a minor child if, before adoption is finalized, the adult has been convicted of, pleaded guilty to, or pleaded no contest to a felony or attempted felony involving conduct that constitutes: (a) child abuse, as described in Section 76-5-109; (b) aggravated child abuse, as described in Section 76-5-109.2; (c) child abandonment, as described in Section 76-5-109.3; (d) child torture, as described in Section 76-5-109.4; (e) commission of domestic violence in the presence of a child, as described in Section 76-5-114; (f) child abuse homicide, as described in Section 76-5-208; (g) child kidnapping, as described in Section 76-5-301.1; (h) human trafficking of a child for labor, as described in Section 76-5-308.5; (i) human trafficking of a child for commercial sexual exploitation, as described in Section 76-5-308.6; (j) patronizing a child victim of human labor trafficking, as described in Section 76-5-314; (k) sexual abuse of a minor, as described in Section 76-5-401.1; (l) rape of a child, as described in Section 76-5-402.1; (m) object rape of a child, as described in Section 76-5-402.3; (n) sodomy on a child, as described in Section 76-5-403.1; (o) sexual abuse of a child, as described in Section 76-5-404.1; (p) aggravated sexual abuse of a child, as described in Section 76-5-404.3; (q) sexual exploitation of a minor, as described in Section 76-5b-201; (r) aggravated sexual exploitation of a minor, as described in Section 76-5b-201.1; (s) possession of apparent child sexual abuse material, as described in Section 76-5b-207; (t) distribution of apparent child sexual abuse material, as described in Section 76-5b-208; (u) unlawful activity regarding obscene material depicting the sexual abuse of a minor, as described in Section 76-5b-209; or (v) an offense in another state that, if committed in this state, would constitute an offense described in this Subsection (6). (7) (a) As used in this Subsection (7), "disqualifying offense" means an offense listed in Subsection (6) that prevents a court from considering an adult for adoption of a minor child except as provided in this Subsection (7). (b) An adult described in Subsection (6) may only be considered for adoption of a minor child if the following criteria are met by clear and convincing evidence: (i) at least 10 years have elapsed from the day on which the adult is successfully released from prison, jail, parole, or probation related to a disqualifying offense; (ii) during the 10 years before the day on which the adult files a petition with the court seeking adoption, the adult has not been convicted, pleaded guilty, or pleaded no contest to an offense greater than an infraction or traffic violation that would likely impact the health, safety, or well-being of the minor child; (iii) the adult can provide evidence of successful treatment or rehabilitation directly related to the disqualifying offense; (iv) the court determines that the risk related to the disqualifying offense is unlikely to cause harm, as defined in Section 80-1-102, or potential harm to the minor child currently or at any time in the future when considering all of the following: (A) the minor child's age; (B) the minor child's gender; (C) the minor child's development; (D) the nature and seriousness of the disqualifying offense; (E) the preferences of a minor child who is 12 years old or older; (F) any available assessments, including custody evaluations, home studies, pre-placement adoptive evaluations, parenting assessments, psychological or mental health assessments, and bonding assessments; and (G) any other relevant information; (v) the adult can provide evidence of all of the following: (A) the relationship with the minor child is of long duration; (B) that an emotional bond exists with the minor child; and (C) that adoption by the individual who has committed the disqualifying offense ensures the best interests of the minor child are met; and (vi) the adoption is by: (A) a stepparent whose spouse is the adoptee's parent and consents to the adoption; or (B) subject to Subsection (7)(d), a relative of the minor child, as defined in Section 80-3-102, and there is not another relative without a disqualifying offense filing an adoption petition. (c) The adult with the disqualifying offense bears the burden of proof regarding why adoption with that adult is in the best interest of the minor child over another responsible relative or equally situated adult who does not have a disqualifying offense. (d) If there is an alternative responsible relative who does not have a disqualifying offense filing an adoption petition: (i) preference for adoption shall be given to a relative who does not have a disqualifying offense; and (ii) before the court may grant adoption to the adult who has the disqualifying offense over another responsible, willing, and able relative: (A) an impartial custody evaluation shall be completed; and (B) a guardian ad litem shall be assigned. (8) Subsections (6) and (7) apply to a case pending on March 25, 2017, for which a final decision on adoption has not been made and to a case filed on or after March 25, 2017.
Utah Code § 81-11-101 — Utah Code / Title 81 / Chapter 81-11 / § 81-11-101
§ 81-11-101. Definitions for chapter.
Status: in_force

As used in this chapter: (1) "Abandoned" means left without provision for reasonable and necessary care or supervision. (2) (a) "Child custody determination" means a judgment, decree, or other order of a court providing for the legal custody, physical custody, or parent-time with respect to a minor child. (b) "Child custody determination" includes a permanent, temporary, initial, and modification order. (c) "Child custody determination" does not include an order relating to child support or other monetary obligation of an individual. (3) (a) "Child custody proceeding" means a proceeding in which legal custody, physical custody, or parent-time with respect to a minor child is an issue. (b) "Child custody proceeding" includes a proceeding for divorce, separation, neglect, abuse, dependency, guardianship, paternity, termination of parental rights, and protection from domestic violence, in which the issue may appear. (c) "Child custody proceeding" does not include a proceeding involving juvenile delinquency, contractual emancipation, or enforcement under Part 3, Enforcement. (4) "Commencement" means the filing of the first pleading in a proceeding. (5) "Court" means an entity authorized under the law of a state to establish, enforce, or modify a child custody determination. (6) "Home state" means: (a) if the minor child is six months old or older, the state in which a minor child lived with a parent or a person acting as a parent for at least six consecutive months immediately before the commencement of a child custody proceeding, including any period of temporary absence of the parent or the person acting as a parent during that time period; or (b) if the minor child is younger than six months old, the state in which the minor child lived from birth with a parent or a person acting as parent, including any period of temporary absence of the parent or the person acting as a parent during that time period. (7) "Initial determination" means the first child custody determination concerning a particular minor child. (8) "Issuing court" means the court that makes a child custody determination for which enforcement is sought under this chapter. (9) "Issuing state" means the state in which a child custody determination is made. (10) "Modification" means a child custody determination that changes, replaces, supersedes, or is otherwise made after a previous determination concerning the same minor child, whether or not it is made by the court that made the previous determination. (11) "Person" includes government, governmental subdivision, agency, or instrumentality, or any other legal or commercial entity. (12) "Person acting as a parent" means a person, other than a parent, who: (a) has physical custody of the minor child or has had physical custody for a period of six consecutive months, including any temporary absence, within one year immediately before the commencement of a child custody proceeding; and (b) has been awarded legal custody by a court or claims a right to legal custody under the law of this state. (13) "Physical custody" means the physical care and supervision of a minor child. (14) "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. (15) "Tribe" means an Indian tribe, or band, or Alaskan Native village which is recognized by federal law or formally acknowledged by a state. (16) "Writ of assistance" means an order issued by a court authorizing law enforcement officers to take physical custody of a minor child.
Utah Code § 81-11-313 — Utah Code / Title 81 / Chapter 81-11 / § 81-11-313
§ 81-11-313. Recognition and enforcement.
Status: in_force

A court of this state shall accord full faith and credit to an order made consistently with this chapter which enforces a child custody determination by a court of another state unless the order has been vacated, stayed, or modified by a court authorized to do so under Part 2, Jurisdiction.
Utah Code § 81-13-102 — Utah Code / Title 81 / Chapter 81-13 / § 81-13-102
§ 81-13-102. Venue for an adoption proceeding.
Status: in_force

(1) Notwithstanding Title 78B, Chapter 3a, Venue for Civil Actions, a person shall bring an adoption proceeding in a court with jurisdiction under Title 78A, Judiciary and Judicial Administration: (a) in the judicial district where the prospective adoptive parent resides; (b) if the prospective adoptive parent is not a resident of this state, in the judicial district where: (i) the adoptee was born; (ii) the adoptee resides on the day on which the petition is filed; or (iii) a parent of the proposed adoptee resides on the day on which the petition is filed if the proposed adoptee is a minor child; or (c) if the adoption proceeding is brought in the juvenile court, as described in Subsection 78A-6-103(2)(a)(xiv) or (xv), in accordance with Section 78A-6-350. (2) All orders, decrees, agreements, and notices in an adoption proceeding shall be filed with the clerk of the court where the adoption proceeding is commenced under Subsection (1). (3) (a) If a person whose consent for the adoption is required under Section 81-13-212 or 81-13-213 cannot be found within the state, the fact of the adoptee's presence within the state shall confer jurisdiction on the court in proceedings under this chapter as to such absent person if due notice has been given in accordance with the Utah Rules of Civil Procedure. (b) The notice may not include the name of: (i) a prospective adoptive parent; or (ii) an unmarried birth mother without the unmarried birth mother's consent. (4) (a) In the case of service outside the state, service completed not less than five days before the time set in the notice for appearance of the person served is sufficient to confer jurisdiction. (b) Service of notice described in Subsection (4)(a) shall vest the court with jurisdiction over the person served in the same manner and to the same extent as if the person served was served personally within the state. (5) Computation of periods of time not otherwise described in this section shall be made in accordance with the Utah Rules of Civil Procedure.
Utah Code § 81-5-803 — Utah Code / Title 81 / Chapter 81-5 / § 81-5-803
§ 81-5-803. Hearing to validate gestational agreement.
Status: in_force

(1) If the requirements of Subsection (2) are satisfied, a tribunal may issue an order validating the gestational agreement and declaring that the intended parents will be the parents of a child born during the term of the agreement. (2) The tribunal may issue an order under Subsection (1) only on finding that: (a) the residence requirements of Section 81-5-802 have been satisfied and the parties have submitted to the jurisdiction of the tribunal under the jurisdictional standards of this part; (b) unless waived by the tribunal, a home study of the intended parents has been conducted in accordance with Chapter 13, Part 4, Placement of a Minor Child or Vulnerable Adult for Adoption, and the intended parents meet the standards of fitness applicable to adoptive parents; (c) all parties have participated in counseling with a licensed mental health professional as evidenced by a certificate: (i) signed by the licensed mental health professional that affirms that all parties have discussed options and consequences of the agreement; and (ii) presented to the tribunal; (d) all parties have voluntarily entered into the agreement and understand the agreement's terms; (e) the prospective gestational mother has had at least one pregnancy and delivery and the prospective gestational mother's bearing another child will not pose an unreasonable health risk to the unborn child or to the physical or mental health of the prospective gestational mother; (f) adequate provision has been made for all reasonable health-care expense associated with the gestational agreement until the birth of the child, including responsibility for all reasonable health-care expense if the agreement is terminated; (g) the consideration, if any, paid to the prospective gestational mother is reasonable; (h) all the parties to the agreement are 21 years old or older; (i) the gestational mother's eggs are not being used in the assisted reproduction procedure; and (j) if the gestational mother is married, the gestational mother's spouse's sperm or eggs are not being used in the assisted reproduction procedure. (3) Whether to validate a gestational agreement is within the discretion of the tribunal, subject only to review for abuse of discretion.
Utah Code § 81-13-202 — Utah Code / Title 81 / Chapter 81-13 / § 81-13-202
§ 81-13-202. Legislative findings -- Best interest of the minor child -- Interests of each party.
Status: in_force

(1) (a) In every adoption of a minor child that, the best interest of the minor child should govern and be of foremost concern in a court's determination. (b) A determination of a minor child's best interest shall be made in accordance with Sections 80-2a-201, 80-4-104, and any other section of this title consistent with those sections. (2) The court shall make a specific finding regarding the best interest of the minor child, taking into consideration information provided to the court in accordance with the requirements of this chapter relating to the health, safety, and welfare of the minor child and the moral climate of the potential adoptive placement. (3) The Legislature finds that the rights and interests of all parties affected by an adoption proceeding shall be considered and balanced in determining what constitutional protections and processes are necessary and appropriate. (4) (a) The Legislature specifically finds that it is not in a minor child's best interest to be adopted by a person or persons who are cohabiting in a relationship that is not a legally valid and binding marriage under the laws of this state. (b) Nothing in this section limits or prohibits the court's placement of a minor child with a single adult who is not cohabiting or a person who is a relative of the minor child or a recognized placement under the Indian Child Welfare Act, 25 U.S.C. Sec. 1901 et seq. (5) The Legislature also finds that: (a) the state has a compelling interest in providing a stable and permanent home for a child adoptee in a prompt manner, in preventing the disruption of an adoptive placement, and in holding parents accountable for meeting the needs of a child adoptee; (b) an unmarried birth mother, faced with the responsibility of making crucial decisions about the future of a newborn child, is entitled to privacy, and has the right to make timely and appropriate decisions regarding her future and the future of the newborn child, and is entitled to assurance regarding the permanence of an adoptive placement; (c) a child adoptee has a right to permanence and stability in an adoptive placement; (d) adoptive parents have a constitutionally protected liberty and privacy interest in retaining custody of a child adoptee; (e) an unmarried biological father has an inchoate interest that acquires constitutional protection only when the unmarried biological father demonstrates a timely and full commitment to the responsibilities of parenthood, both during pregnancy and upon the child adoptee's birth; and (f) the state has a compelling interest in requiring an unmarried biological father to demonstrate commitment by providing appropriate medical care and financial support and by establishing legal parentage in accordance with the requirements of this chapter. (6) (a) In enacting this chapter, the Legislature has prescribed the conditions for determining whether an unmarried biological father's action is sufficiently prompt and substantial to require constitutional protection. (b) If an unmarried biological father fails to grasp the opportunities to establish a relationship with the child adoptee that are available to the unmarried biological father, the unmarried biological father's parental interest may be lost entirely, or greatly diminished in constitutional significance by the unmarried biological father's failure to timely exercise the unmarried biological father's parental interest, or by the unmarried biological father's failure to strictly comply with the available legal steps to substantiate the parental interest. (c) (i) A certain degree of finality is necessary in order to facilitate the state's compelling interest. (ii) The Legislature finds that the interests of the state, the birth mother, the child adoptee, and the adoptive parents described in this section outweigh the interest of an unmarried biological father who does not timely grasp the opportunity to establish and demonstrate a relationship with the child adoptee in accordance with the requirements of this chapter. (d) (i) The Legislature finds no practical way to remove all risk of fraud or misrepresentation in adoption proceedings, and has provided a method for absolute protection of an unmarried biological father's rights by compliance with the provisions of this chapter. (ii) In balancing the rights and interests of the state, and of all parties affected by fraud, specifically the child adoptee, the adoptive parents, and the unmarried biological father, the Legislature has determined that the unmarried biological father is in the best position to prevent or ameliorate the effects of fraud and that, therefore, the burden of fraud shall be borne by the unmarried biological father. (e) An unmarried biological father has the primary responsibility to protect the unmarried biological father's rights. (f) An unmarried biological father is presumed to know that the child adoptee may be adopted without the unmarried biological father's consent unless the unmarried biological father strictly complies with the provisions of this chapter, manifests a prompt and full commitment to the unmarried biological father's parental responsibilities, and establishes paternity. (7) The Legislature finds that an unmarried birth mother has: (a) a right of privacy with regard to the unmarried birth mother's pregnancy and adoption plan; (b) no legal obligation to disclose the identity of an unmarried biological father before or during an adoption proceeding; and (c) no obligation to volunteer information to the court with respect to the father.
Utah Code § 81-8-401 — Utah Code / Title 81 / Chapter 81-8 / § 81-8-401
§ 81-8-401. Establishment of support order.
Status: in_force

(1) If a support order entitled to recognition under this chapter has not been issued, a responding tribunal of this state with personal jurisdiction over the parties may issue a support order if: (a) the individual seeking the order resides outside this state; or (b) the child support services agency seeking the order is located outside this state. (2) The tribunal may issue a temporary child support order if the tribunal determines that an order is appropriate and the individual ordered to pay is: (a) a presumed father of the child; (b) petitioning to have the individual's parentage adjudicated; (c) identified as the father of the child through genetic testing; (d) an alleged father who has declined to submit to genetic testing; (e) shown by clear and convincing evidence to be the father of the child; (f) a declarant father, as defined in Section 81-5-102, determined in accordance with Chapter 5, Part 3, Voluntary Declaration of Paternity; (g) the birth mother of the child; or (h) an individual who has been ordered to pay child support in a previous proceeding and the order has not been reversed or vacated. (3) Upon finding, after notice and opportunity to be heard, that an obligor owes a duty of support, the tribunal shall issue a support order directed to the obligor and may issue other orders in accordance with Section 81-8-305.
Utah Code § 81-4-504 — Utah Code / Title 81 / Chapter 81-4 / § 81-4-504
§ 81-4-504. Modification of alimony after divorce decree.
Status: in_force

(1) The court has continuing jurisdiction to make substantive changes and new orders regarding alimony based on a substantial material change in circumstances not expressly stated in the divorce decree or in the findings that the court entered at the time of the divorce decree. (2) (a) A party's retirement is a substantial material change in circumstances that is subject to a petition to modify alimony, unless the divorce decree, or the findings that the court entered at the time of the divorce decree, expressly states otherwise. (b) Subsection (2)(a) applies to a divorce decree entered on or after May 12, 2020. (3) The court may not modify alimony or issue a new order for alimony to address needs of the recipient that did not exist at the time the decree was entered, unless the court finds extenuating circumstances that justify that action. (4) In modifying the amount of alimony, the court may not consider the income of any subsequent spouse of the payor, except that the court may consider: (a) the subsequent spouse's financial ability to share living expenses; or (b) the income of a subsequent spouse if the court finds that the payor's improper conduct justifies that consideration.
Utah Code § 81-11-301 — Utah Code / Title 81 / Chapter 81-11 / § 81-11-301
§ 81-11-301. Definitions for part.
Status: in_force

As used in this part: (1) "Petitioner" means a person who seeks enforcement of a child custody determination or enforcement of an order for the return of the minor child under the Hague Convention on the Civil Aspects of International Child Abduction. (2) "Respondent" means a person against whom a proceeding has been commenced for enforcement of a child custody determination or enforcement of an order for the return of the minor child under the Hague Convention on the Civil Aspects of International Child Abduction.
Utah Code § 81-8-202 — Utah Code / Title 81 / Chapter 81-8 / § 81-8-202
§ 81-8-202. Duration of personal jurisdiction.
Status: in_force

Personal jurisdiction acquired by a tribunal of this state in a proceeding under this chapter or other law of this state relating to a support order continues as long as a tribunal of this state has continuing, exclusive jurisdiction to modify the tribunal's order or continuing jurisdiction to enforce the tribunal's order as described in Sections 81-8-205, 81-8-206, and 81-8-211.
Utah Code § 81-2-201 — Utah Code / Title 81 / Chapter 81-2 / § 81-2-201
§ 81-2-201. Definitions for part.
Status: in_force

As used in this part: (1) "Premarital counseling" includes group counseling, individual counseling, and couple counseling. (2) "Premarital education" includes: (a) a lecture, class, seminar, or workshop provided by a person that meets the requirements of Subsection 81-2-206(2)(b)(i); or (b) an online course approved by the Utah Marriage Commission as provided in Subsection 81-2-206(2)(b)(i)(F).
Utah Code § 81-9-301 — Utah Code / Title 81 / Chapter 81-9 / § 81-9-301
§ 81-9-301. Definitions for part.
Status: in_force

As used in this part: (1) "Juneteenth National Freedom Day" means the day on which the Juneteenth National Freedom Day holiday is celebrated in this state in accordance with Section 63G-1-301. (2) "Weekends" include, for a parent-time schedule under Sections 81-9-302 and 81-9-303, any snow days, teacher development days, or other days when school is not scheduled and that are contiguous to the weekend period.
Utah Code § 81-11-106 — Utah Code / Title 81 / Chapter 81-11 / § 81-11-106
§ 81-11-106. Priority.
Status: in_force

If a question of existence or exercise of jurisdiction under this chapter is raised in a child custody proceeding, the question, upon request of a party, shall be given priority on the calendar and handled expeditiously.
Utah Code § 81-3-204 — Utah Code / Title 81 / Chapter 81-3 / § 81-3-204
§ 81-3-204. Effect of marriage -- Amendment -- Revocation.
Status: in_force

(1) A premarital agreement becomes effective upon marriage. (2) (a) After marriage, a premarital agreement may be amended or revoked only by a written agreement signed by the parties. (b) The amended agreement or the revocation is enforceable without consideration.
Utah Code § 81-3-201 — Utah Code / Title 81 / Chapter 81-3 / § 81-3-201
§ 81-3-201. Definitions for part.
Status: in_force

As used in this part: (1) "Premarital agreement" means an agreement between prospective spouses made in contemplation of marriage and to be effective upon marriage. (2) "Property" means an interest, present or future, legal or equitable, vested or contingent, in real or personal property, including income and earnings.
Utah Code § 81-13-504 — Utah Code / Title 81 / Chapter 81-13 / § 81-13-504
§ 81-13-504. Mutual-consent, voluntary adoption registry -- Procedures -- Fees.
Status: in_force

(1) As used in this section, "adopted individual" means a child adoptee who is 18 years old or older. (2) The office shall establish a mutual-consent, voluntary adoption registry. (3) (a) An adopted individual or a pre-existing parent of an adopted individual, upon presentation of positive identification, may request identifying information from the office, in the form established by the office. (b) A court or a child-placing agency may accept that request from the adopted individual or pre-existing parent, in the form provided by the office, and transfer that request to the office. (c) The adopted individual or pre-existing parent is responsible for notifying the office of any change in information contained in the request. (d) Except as otherwise provided in this chapter, the office may only release identifying information to an adopted individual or pre-existing parent when the office receives requests from both the adopted individual and the adopted individual's pre-existing parent. (e) After matching the request of an adopted individual with that of at least one of the adopted individual's pre-existing parents, the office shall notify both the adopted individual and the pre-existing parent that the requests have been matched, and disclose the identifying information to those parties. (f) Notwithstanding Subsection (3)(c) or (d), if an adopted individual has a sibling of the same pre-existing parent who is under 18 years old and who was raised in the same family setting as the adopted individual, the office may not disclose the requested identifying information to that adopted individual or the adopted individual's pre-existing parent. (4) (a) An adopted individual or an adult sibling of an adopted individual, upon presentation of positive identification, may request identifying information from the office in the form established by the office. (b) A court or a child-placing agency may accept that request from the adopted individual or adult sibling in the form provided by the office,and transfer that request to the office. (c) The adopted individual or adult sibling is responsible for notifying the office of any change in information contained in the request. (d) The office may only release identifying information to an adopted individual or adult sibling when the office receives requests from both the adopted individual and the adopted individual's adult sibling. (e) After matching the request of an adopted individual with that of the adopted individual's adult sibling, if the office determines that the office has sufficient information to make that match, the office shall notify both the adopted individual and the adopted individual's adult sibling that the requests have been matched, and disclose the identifying information to those parties. (5) After receiving a request for information from an adopted individual and a pre-existing parent under this section, the office shall: (a) search the office's vital records for the adopted individual's pre-existing parent; and (b) if the search described in Subsection (5)(a) reveals that the pre-existing parent who had requested information under this section is dead, inform the adopted individual that the pre-existing parent is dead and disclose the identity of the pre-existing parent. (6) The office shall attempt to notify an individual who requests information under this section: (a) of the results of the initial search for a match; and (b) if the initial search does not produce a match, that the office will keep the request on file and will attempt to notify the individual in the event of a match. (7) Information registered with the office under this section is available only to a registered adopted individual and the adopted individual's pre-existing parent or registered adult sibling under the terms of this section. (8) The office may not disclose information regarding a pre-existing parent who has not registered a request with the office. (9) Nothing in this section limits the disclosure of information in accordance with Section 81-13-103.
Utah Code § 81-2-408 — Utah Code / Title 81 / Chapter 81-2 / § 81-2-408
§ 81-2-408. Validity of marriage not solemnized or solemnized before an unauthorized individual.
Status: in_force

(1) Before May 5, 2027, an individual may file a petition with a court to validate and make legal a marriage that is not solemnized in accordance with this chapter. (2) On a filing of a petition described in Subsection (1), the court may enter an order validating and making legal a marriage that is not solemnized in accordance with this chapter if the court establishes that the marriage arises out of a contract between two individuals: (a) of legal age and capable of giving consent; (b) legally capable of entering a solemnized marriage under the provisions of this chapter; (c) who have cohabited; (d) who mutually assume marital rights, duties, and obligations; and (e) who hold themselves out as and have acquired a uniform and general reputation as spouses. (3) (a) An individual may only file the petition described in Subsection (1) during the relationship described in Subsection (2), or within one year following the termination of that relationship. (b) Evidence of a marriage recognizable under this section may be: (i) manifested in any form; and (ii) proved under the same general rules of evidence as facts in other cases. (4) On and after May 5, 2027, an individual may not file a petition described in Subsection (1). (5) (a) A marriage solemnized before an individual professing to have authority to perform marriages may not be invalidated for lack of authority if consummated in the belief of the parties or either party that the person had authority and that the parties have been lawfully married. (b) Except as otherwise explicitly provided by law, Subsection (5)(a) may not be construed to validate a marriage that: (i) is prohibited or void under Section 81-2-403; or (ii) fails to meet the requirements of Section 81-2-302, as validated by a court with jurisdiction.
Utah Code § 81-9-303 — Utah Code / Title 81 / Chapter 81-9 / § 81-9-303
§ 81-9-303. Optional schedule for parent-time for a minor child five to 18 years old.
Status: in_force

1/1/2027 (1) (a) The optional parent-time schedule in this section applies when establishing a parent-time schedule for a minor child who is five to 18 years old. (b) For purposes of calculating child support, the optional parent-time schedule in this section is 145 overnights. (c) Any impact on child support shall be consistent with joint physical custody. (2) The parents and the court may consider the increased parent-time schedule in this section as a minimum parent-time schedule when the parties agree or the noncustodial parent can demonstrate: (a) the noncustodial parent has been actively involved in the minor child's life; (b) the parties can communicate effectively regarding the minor child or the noncustodial parent has a plan to accomplish effective communications regarding the minor child; (c) the noncustodial parent has the ability to facilitate the increased parent-time; (d) the increased parent-time would be in the best interest of the minor child; and (e) any other factor the court considers relevant. (3) In determining whether a noncustodial parent has been actively involved in the minor child's life, the court shall consider: (a) demonstrated responsibility in caring for the minor child; (b) involvement in childcare; (c) presence or volunteer efforts in the minor child's school and at extracurricular activities; (d) assistance with the minor child's homework; (e) involvement in preparation of meals, bath time, and bedtime for the minor child; (f) bonding with the minor child; and (g) any other factor the court considers relevant. (4) In determining whether a noncustodial parent has the ability to facilitate the increased parent-time, the court shall consider: (a) the geographic distance between the residences of the parents and the distance between the parents' residences and the minor child's school; (b) the noncustodial parent's ability to assist with after school care; (c) the health of the minor child and the noncustodial parent in accordance with Subsection 81-9-204(4); (d) flexibility of employment or another schedule of the noncustodial parent; (e) ability to provide appropriate playtime with the minor child; (f) history and ability of the noncustodial parent to implement a flexible schedule for the minor child; (g) physical facilities of the noncustodial parent's residence; and (h) any other factor the court considers relevant. (5) If the parties agree or the court enters an order for the optional parent-time schedule under this section, a parenting plan in compliance with Section 81-9-203 shall be filed with any order incorporating the optional parent-time schedule described in Subsection (6). (6) The following schedule is considered the optional parent-time to which the noncustodial parent is entitled to the minor child: (a) (i) one weekday evening to be specified by the noncustodial parent or the court or Wednesday evening if not specified, beginning at 5:30 p.m. and ending the following day upon delivering the minor child to school or at 8 a.m. if there is no school; or (ii) at the election of the noncustodial parent, one weekday specified by the noncustodial parent or the court: (A) beginning at the time the minor child's school is regularly dismissed until the following day upon delivering the minor child to school or at 8 a.m. if there is no school; or (B) if there is no school, the noncustodial parent is available to be with the minor child, and in accommodation with the custodial parent's work schedule, beginning at 8 a.m. and ending on the following day upon delivering the minor child to school or at 8 a.m. if there is no school; (b) (i) beginning the first weekend after the entry of the decree, alternating weekends beginning at 5:30 p.m. on Friday and ending on Monday upon delivering the minor child to school or at 8 a.m. if there is no school; or (ii) at the election of the noncustodial parent, beginning the first weekend after the entry of the decree, alternating weekends: (A) beginning at the time the minor child's school is regularly dismissed on Friday and ending on Monday upon delivering the minor child to school or at 8 a.m. if there is no school; or (B) if there is no school, the noncustodial parent is available to be with the minor child, and in accommodation with the custodial parent's work schedule, beginning on Friday at 8 a.m. and ending on Monday upon delivering the minor child to school or at 8 a.m. if there is no school; (c) each holiday granted to the noncustodial parent in accordance with the holiday schedule described in Subsection (15); and (d) extended parent-time with the minor child when school is not in session for summer break in accordance with Subsection (7). (7) (a) For extended parent-time with the minor child under Subsection (6)(d) and at the election of the noncustodial parent, the noncustodial parent is entitled up to four weeks of parent-time with the minor child when school is not in session for summer break, beginning at 8 a.m. on the first day and ending at 8:30 p.m. on the last day. (b) For the four weeks of extended parent-time for a noncustodial parent under Subsection (7)(a): (i) two weeks shall be uninterrupted parent-time for the noncustodial parent; and (ii) two weeks may be interrupted by the custodial parent for a weekday visit on the same day on which the noncustodial parent is granted weekday day parent-time. (c) A custodial parent is entitled to uninterrupted parent-time with the minor child for two weeks when school is not in session for summer break, beginning at 8 a.m. on the first day and ending at 8:30 p.m. on the last day. (d) Extended parent-time described in this Subsection (7) shall be consecutive, except that the four weeks of extended parent-time for the noncustodial parent may be divided into two 14-day separate periods that are not consecutive. (8) (a) Each parent shall provide notification to the other parent of the parent's plans for the exercise of parent-time for summer break under Subsection (7). (b) For the notification requirement described in Subsection (8)(a): (i) in odd-numbered years: (A) the noncustodial parent shall provide notice to the custodial parent by May 1; and (B) the custodial parent shall provide notice to the noncustodial parent by May 15; and (ii) in even-numbered years: (A) the custodial parent shall provide notice to the noncustodial parent by May 1; and (B) the noncustodial parent shall provide notice to the custodial parent by May 15. (c) (i) If a parent fails to provide a notification within the time periods described in Subsection (8)(b), the complying parent may determine the schedule for summer break for the noncomplying parent. (ii) If both parents fail to provide notice within the time periods described in Subsection (8)(b), the first parent to provide notice may determine the schedule for summer break for that parent and the other parent. (d) If a custodial parent intends to interrupt a noncustodial parent's parent-time under Subsection (7)(b)(ii), the custodial parent shall provide notification to the noncustodial parent of the intent to interrupt parent-time within 10 days after the day on which the custodial parent receives notification of the noncustodial parent's plans for the exercise of interrupted extended parent-time. (9) (a) An election should be made by the noncustodial parent at the time of entry of the divorce decree or court order, except that the election may be changed by mutual agreement, court order, or by the noncustodial parent in the event of a change in the minor child's schedule. (b) An election by either parent concerning parent-time shall be made a part of the decree and made a part of the parent-time order. (10) (a) Changes may not be made to the parent-time schedule under this section, except that if a conflict arises in the parent-time schedule, the following order of precedence shall be applied when determining which parent is entitled to parent-time: (i) the holiday schedule for Mother's Day or Father's Day under Subsection (15); (ii) the holiday schedule for the minor child's birthday, unless a parent is exercising uninterrupted extended parent-time under Subsection (7) and takes the minor child away from that parent's residence during the uninterrupted extended parent-time; (iii) the holiday schedule for any holiday under Subsection (15) that is not Father's Day, Mother's Day, or the minor child's birthday; (iv) extended parent-time under Subsection (7); and (v) the schedule for weekday or weekend parent-time. (b) A parent exercising parent-time for the minor child's birthday may bring other siblings along for the minor child's birthday. (11) A stepparent, grandparent, or other responsible adult designated by a parent, may pick up the minor child for parent-time if the other parent is aware of the identity of the individual and the parent will be with the minor child by 7 p.m. (12) If a holiday falls on a regularly scheduled school day, the parent exercising parent-time shall be responsible for the minor child's attendance at school for that school day. (13) If there is more than one minor child and the minor children's school schedules vary for purpose of a holiday, at the option of the parent exercising the holiday or the parent's half of the holiday, the minor children may remain together for the holiday period beginning the first evening that all minor children's schools are dismissed for the holiday and ending the evening before any minor child returns to school. (14) If there is a minor child five to 18 years old and a minor child under five years old and both minor children are the children of the parties, the parents and the court should consider an upward deviation for parent-time with all the minor children so that parent-time is uniform based on a schedule under this section. (15) The following table is the holiday schedule for parent-time under this section. HolidayHoliday Time PeriodYears Noncustodial Parent is Granted HolidayYears Custodial Parent is Granted HolidayDr. Martin Luther King Jr. Day(1) Holiday begins: (a) at the time that school is dismissed for Dr. Martin Luther King Jr. Day; or(b) Friday at 5:30 p.m. at the election of the parent granted the holiday.(2) Holiday ends upon delivering of the minor child to school on the day that school resumes.Odd yearsEven yearsPresidents' Day(1) Holiday begins: (a) at the time that school is dismissed for Presidents' Day; or(b) Friday at 5:30 p.m. at the election of the parent granted the holiday.(2) Holiday ends upon delivering the minor child to school on the day that school resumes.Even yearsOdd yearsSpring Break(1) Holiday begins at:(a) the time school is dismissed for spring break; or(b) 5:30 p.m. on the day that school dismisses for spring break at the election of the parent granted the holiday.(2) Holiday ends upon delivering the minor child to school on the day that school resumes.Odd yearsEven yearsMemorial Day(1) Holiday begins:(a) at the time that school is dismissed for Memorial Day; or(b) Friday at 5:30 p.m. at the election of the parent granted the holiday.(2) Holiday ends:(a) upon delivering the minor child to school on the day following Memorial Day; or(b) at 8 a.m. on the day following Memorial Day if there is no school.Even yearsOdd yearsMother's Day(1) Holiday begins at 5:30 p.m. on the day before Mother's Day.(2) Holiday ends on Mother's Day at 8:30 p.m.All years if noncustodial parent is the mother or other parent designated in the order.All years if custodial parent is the mother or other parent designated in the order.Father's Day(1) Holiday begins at 5:30 p.m. on the day before Father's Day.(2) Holiday ends on Father's Day at 8:30 p.m.All years if noncustodial parent is the father or other parent designated in the order.All years if custodial parent is the father or other parent designated in the order.Juneteenth National Freedom Day(1) Holiday begins on Friday at 5:30 p.m. and ends on Saturday at 5:30 p.m., if Juneteenth National Freedom Day is on the day before Father's Day.(2) Holiday begins on Sunday at 8:30 p.m. and ends on Tuesday at 8:30 p.m., if Juneteenth National Freedom Day is on Father's Day or on the day following Father's Day.(3) Holiday begins at 5:30 p.m. on the day before Juneteenth National Freedom Day and ends at 8:30 p.m. on the day following Juneteenth National Freedom Day, unless Juneteenth National Freedom Day is on Father's Day, the day before Father's Day, or the day following Father's Day.Even yearsOdd yearsIndependence Day(1) Holiday begins on July 3rd at 5:30 p.m.(2) Holiday ends on July 5th at 8:30 p.m.Odd yearsEven yearsPioneer Day(1) Holiday begins on July 23rd at 5:30 p.m.(2) Holiday ends on July 25th at 8:30 p.m. Even yearsOdd yearsLabor Day(1) Holiday begins:(a) at the time that school is dismissed for Labor Day; or (b) Friday at 5:30 p.m. at the election of the parent granted the holiday.(2) Holiday ends upon delivering the minor child to school on the day that school resumes.Odd yearsEven yearsFall Break(1) Holiday begins at: (a) the time that school is dismissed for fall break; or (b) 5:30 p.m. on the day that school dismisses for fall break at the election of the parent granted the holiday.(2) Holiday ends upon delivering the minor child to school on the day that school resumes.Odd yearsEven yearsHalloween(1) Holiday begins on October 31st or the day that Halloween is traditionally celebrated in the local community:(a) at the time that school is dismissed; or(b) at 3 p.m. if there is no school.(2) Holiday ends at 8:30 p.m. on the same day the holiday begins.Even yearsOdd yearsThanksgiving(1) Holiday begins at:(a) the time that school is dismissed for Thanksgiving; or (b) 5:30 p.m. on the day that school dismisses for Thanksgiving at the election of the parent granted the holiday.(2) Holiday ends upon delivering the minor child to school on the day that school resumes.Even yearsOdd yearsWinter Break (First Half)(1) Holiday begins at:(a) the time that school dismisses for winter break; or(b) 5:30 p.m. on the day that school dismisses for winter break at the election of the parent granted the holiday.(2) Holiday ends on December 27th at 8:30 p.m. Odd yearsEven yearsWinter Break (Second Half)(1) Holiday begins on December 27th at 8:30 p.m.(2) Holiday ends upon delivering the minor child to school on the day that school resumes after the winter break.Even yearsOdd yearsDay of Minor Child's Birthday(1) Holiday begins at 3 p.m.(2) Holiday ends at 8:30 p.m.Even yearsOdd yearsDay Before or After Minor Child's Birthday(1) Holiday begins at 3 p.m.(2) Holiday ends at 8:30 p.m.Odd yearsEven years1/1/2027 (1) (a) The optional parent-time schedule in this section applies when establishing a parent-time schedule for a minor child who is five to 18 years old. (b) For purposes of calculating child support, the optional parent-time schedule in this section is 145 overnights. (c) Any impact on child support shall be consistent with joint physical custody. (2) The parents and the court may consider the increased parent-time schedule in this section as a minimum parent-time schedule when the parties agree or the noncustodial parent can demonstrate: (a) the noncustodial parent has been actively involved in the minor child's life; (b) the parties can communicate effectively regarding the minor child or the noncustodial parent has a plan to accomplish effective communications regarding the minor child; (c) the noncustodial parent has the ability to facilitate the increased parent-time; (d) the increased parent-time would be in the best interest of the minor child; and (e) any other factor the court considers relevant. (3) In determining whether a noncustodial parent has been actively involved in the minor child's life, the court shall consider: (a) demonstrated responsibility in caring for the minor child; (b) involvement in childcare; (c) presence or volunteer efforts in the minor child's school and at extracurricular activities; (d) assistance with the minor child's homework; (e) involvement in preparation of meals, bath time, and bedtime for the minor child; (f) bonding with the minor child; and (g) any other factor the court considers relevant. (4) In determining whether a noncustodial parent has the ability to facilitate the increased parent-time, the court shall consider: (a) the geographic distance between the residences of the parents and the distance between the parents' residences and the minor child's school; (b) the noncustodial parent's ability to assist with after school care; (c) the health of the minor child and the noncustodial parent in accordance with Subsection 81-9-204(4); (d) flexibility of employment or another schedule of the noncustodial parent; (e) ability to provide appropriate playtime with the minor child; (f) history and ability of the noncustodial parent to implement a flexible schedule for the minor child; (g) physical facilities of the noncustodial parent's residence; and (h) any other factor the court considers relevant. (5) If the parties agree or the court enters an order for the optional parent-time schedule under this section, a parenting plan in compliance with Section 81-9-203 shall be filed with any order incorporating the optional parent-time schedule described in Subsection (6). (6) The following schedule is considered the optional parent-time to which the noncustodial parent is entitled to the minor child: (a) (i) one weekday evening to be specified by the noncustodial parent or the court or Wednesday evening if not specified, beginning at 5:30 p.m. and ending the following day upon delivering the minor child to school or at 8 a.m. if there is no school; or (ii) at the election of the noncustodial parent, one weekday specified by the noncustodial parent or the court: (A) beginning at the time the minor child's school is regularly dismissed until the following day upon delivering the minor child to school or at 8 a.m. if there is no school; or (B) if there is no school, the noncustodial parent is available to be with the minor child, and in accommodation with the custodial parent's work schedule, beginning at 8 a.m. and ending on the following day upon delivering the minor child to school or at 8 a.m. if there is no school; (b) (i) beginning the first weekend after the entry of the decree, alternating weekends beginning at 5:30 p.m. on Friday and ending on Monday upon delivering the minor child to school or at 8 a.m. if there is no school; or (ii) at the election of the noncustodial parent, beginning the first weekend after the entry of the decree, alternating weekends: (A) beginning at the time the minor child's school is regularly dismissed on Friday and ending on Monday upon delivering the minor child to school or at 8 a.m. if there is no school; or (B) if there is no school, the noncustodial parent is available to be with the minor child, and in accommodation with the custodial parent's work schedule, beginning on Friday at 8 a.m. and ending on Monday upon delivering the minor child to school or at 8 a.m. if there is no school; (c) each holiday granted to the noncustodial parent in accordance with the holiday schedule described in Subsection (15); and (d) extended parent-time with the minor child when school is not in session for summer break in accordance with Subsection (7). (7) (a) For extended parent-time with the minor child under Subsection (6)(d) and at the election of the noncustodial parent, the noncustodial parent is entitled up to four weeks of parent-time with the minor child when school is not in session for summer break, beginning at 8 a.m. on the first day and ending at 8:30 p.m. on the last day. (b) For the four weeks of extended parent-time for a noncustodial parent under Subsection (7)(a): (i) two weeks shall be uninterrupted parent-time for the noncustodial parent; and (ii) two weeks may be interrupted by the custodial parent for a weekday visit on the same day on which the noncustodial parent is granted weekday day parent-time. (c) A custodial parent is entitled to uninterrupted parent-time with the minor child for two weeks when school is not in session for summer break, beginning at 8 a.m. on the first day and ending at 8:30 p.m. on the last day. (d) Extended parent-time described in this Subsection (7) shall be consecutive, except that the four weeks of extended parent-time for the noncustodial parent may be divided into two 14-day separate periods that are not consecutive. (8) (a) Each parent shall provide notification to the other parent of the parent's plans for the exercise of parent-time for summer break under Subsection (7). (b) For the notification requirement described in Subsection (8)(a): (i) in odd-numbered years: (A) the noncustodial parent shall provide notice to the custodial parent by May 1; and (B) the custodial parent shall provide notice to the noncustodial parent by May 15; and (ii) in even-numbered years: (A) the custodial parent shall provide notice to the noncustodial parent by May 1; and (B) the noncustodial parent shall provide notice to the custodial parent by May 15. (c) (i) If a parent fails to provide a notification within the time periods described in Subsection (8)(b), the complying parent may determine the schedule for summer break for the noncomplying parent. (ii) If both parents fail to provide notice within the time periods described in Subsection (8)(b), the first parent to provide notice may determine the schedule for summer break for that parent and the other parent. (d) If a custodial parent intends to interrupt a noncustodial parent's parent-time under Subsection (7)(b)(ii), the custodial parent shall provide notification to the noncustodial parent of the intent to interrupt parent-time within 10 days after the day on which the custodial parent receives notification of the noncustodial parent's plans for the exercise of interrupted extended parent-time. (9) (a) An election should be made by the noncustodial parent at the time of entry of the divorce decree or court order, except that the election may be changed by mutual agreement, court order, or by the noncustodial parent in the event of a change in the minor child's schedule. (b) An election by either parent concerning parent-time shall be made a part of the decree and made a part of the parent-time order. (10) (a) Changes may not be made to the parent-time schedule under this section, except that if a conflict arises in the parent-time schedule, the following order of precedence shall be applied when determining which parent is entitled to parent-time: (i) the holiday schedule for Mother's Day or Father's Day under Subsection (15); (ii) the holiday schedule for the minor child's birthday, unless a parent is exercising uninterrupted extended parent-time under Subsection (7) and takes the minor child away from that parent's residence during the uninterrupted extended parent-time; (iii) the holiday schedule for any holiday under Subsection (15) that is not Father's Day, Mother's Day, or the minor child's birthday; (iv) extended parent-time under Subsection (7); and (v) the schedule for weekday or weekend parent-time. (b) A parent exercising parent-time for the minor child's birthday may bring other siblings along for the minor child's birthday. (11) A stepparent, grandparent, or other responsible adult designated by a parent, may pick up the minor child for parent-time if the other parent is aware of the identity of the individual and the parent will be with the minor child by 7 p.m. (12) If a holiday falls on a regularly scheduled school day, the parent exercising parent-time shall be responsible for the minor child's attendance at school for that school day. (13) If there is more than one minor child and the minor children's school schedules vary for purpose of a holiday, at the option of the parent exercising the holiday or the parent's half of the holiday, the minor children may remain together for the holiday period beginning the first evening that all minor children's schools are dismissed for the holiday and ending the evening before any minor child returns to school. (14) If there is a minor child five to 18 years old and a minor child under five years old and both minor children are the children of the parties, the parents and the court should consider an upward deviation for parent-time with all the minor children so that parent-time is uniform based on a schedule under this section. (15) The following table is the holiday schedule for parent-time under this section. HolidayHoliday Time PeriodYears Noncustodial Parent is Granted HolidayYears Custodial Parent is Granted HolidayDr. Martin Luther King Jr. Day(1) Holiday begins: (a) at the time that school is dismissed for Dr. Martin Luther King Jr. Day; or(b) Friday at 5:30 p.m. at the election of the parent granted the holiday.(2) Holiday ends upon delivering of the minor child to school on the day that school resumes.Odd yearsEven yearsPresidents' Day(1) Holiday begins: (a) at the time that school is dismissed for Presidents' Day; or(b) Friday at 5:30 p.m. at the election of the parent granted the holiday.(2) Holiday ends upon delivering the minor child to school on the day that school resumes.Even yearsOdd yearsSpring Break(1) Holiday begins at:(a) the time school is dismissed for spring break; or(b) 5:30 p.m. on the day that school dismisses for spring break at the election of the parent granted the holiday.(2) Holiday ends upon delivering the minor child to school on the day that school resumes.Odd yearsEven yearsMemorial Day(1) Holiday begins:(a) at the time that school is dismissed for Memorial Day; or(b) Friday at 5:30 p.m. at the election of the parent granted the holiday.(2) Holiday ends:(a) upon delivering the minor child to school on the day following Memorial Day; or(b) at 8 a.m. on the day following Memorial Day if there is no school.Even yearsOdd yearsMother's Day(1) Holiday begins at 5:30 p.m. on the day before Mother's Day.(2) Holiday ends on Mother's Day at 8:30 p.m.All years if noncustodial parent is the mother or other parent designated in the order.All years if custodial parent is the mother or other parent designated in the order.Father's Day(1) Holiday begins at 5:30 p.m. on the day before Father's Day.(2) Holiday ends on Father's Day at 8:30 p.m.All years if noncustodial parent is the father or other parent designated in the order.All years if custodial parent is the father or other parent designated in the order.Juneteenth National Freedom Day(1) Holiday begins on Friday at 5:30 p.m. and ends on Saturday at 5:30 p.m., if Juneteenth National Freedom Day is on the day before Father's Day.(2) Holiday begins on Sunday at 8:30 p.m. and ends on Tuesday at 8:30 p.m., if Juneteenth National Freedom Day is on Father's Day or on the day following Father's Day.(3) Holiday begins at 5:30 p.m. on the day before Juneteenth National Freedom Day and ends at 8:30 p.m. on the day following Juneteenth National Freedom Day, unless Juneteenth National Freedom Day is on Father's Day, the day before Father's Day, or the day following Father's Day.Even yearsOdd yearsIndependence Day(1) Holiday begins on July 3rd at 5:30 p.m.(2) Holiday ends on July 5th at 8:30 p.m.Odd yearsEven yearsPioneer Day(1) Holiday begins on July 23rd at 5:30 p.m.(2) Holiday ends on July 25th at 8:30 p.m. Even yearsOdd yearsLabor Day(1) Holiday begins:(a) at the time that school is dismissed for Labor Day; or (b) Friday at 5:30 p.m. at the election of the parent granted the holiday.(2) Holiday ends upon delivering the minor child to school on the day that school resumes.Odd yearsEven yearsFall Break(1) Holiday begins at: (a) the time that school is dismissed for fall break; or (b) 5:30 p.m. on the day that school dismisses for fall break at the election of the parent granted the holiday.(2) Holiday ends upon delivering the minor child to school on the day that school resumes.Odd yearsEven yearsHalloween(1) Holiday begins on October 31st or the day that Halloween is traditionally celebrated in the local community:(a) at the time that school is dismissed; or(b) at 3 p.m. if there is no school.(2) Holiday ends at 8:30 p.m. on the same day the holiday begins.Even yearsOdd yearsThanksgiving(1) Holiday begins at:(a) the time that school is dismissed for Thanksgiving; or (b) 5:30 p.m. on the day that school dismisses for Thanksgiving at the election of the parent granted the holiday.(2) Holiday ends upon delivering the minor child to school on the day that school resumes.Even yearsOdd yearsWinter Break (First Half)(1) Holiday begins at:(a) the time that school dismisses for winter break; or(b) 5:30 p.m. on the day that school dismisses for winter break at the election of the parent granted the holiday.(2) Holiday ends on December 27th at 8:30 p.m. Odd yearsEven yearsWinter Break (Second Half)(1) Holiday begins on December 27th at 8:30 p.m.(2) Holiday ends upon delivering the minor child to school on the day that school resumes after the winter break.Even yearsOdd yearsDay of Minor Child's Birthday(1) Holiday begins at 3 p.m.(2) Holiday ends at 8:30 p.m.Even yearsOdd yearsDay Before or After Minor Child's Birthday(1) Holiday begins at 3 p.m.(2) Holiday ends at 8:30 p.m.Odd yearsEven years
Utah Code § 81-8-502 — Utah Code / Title 81 / Chapter 81-8 / § 81-8-502
§ 81-8-502. Employer's compliance with income-withholding order of another state.
Status: in_force

(1) Upon receipt of an income-withholding order, the obligor's employer shall immediately provide a copy of the order to the obligor. (2) The employer shall treat an income-withholding order issued in another state which appears regular on its face as if it had been issued by a tribunal of this state. (3) Except as otherwise provided in Subsection (4) and Section 81-8-503, the employer shall withhold and distribute the funds as directed in the withholding order by complying with terms of the order which specify: (a) the duration and amount of periodic payments of current child support, stated as a sum certain; (b) the person designated to receive payments and the address to which the payments are to be forwarded; (c) medical support, whether in the form of periodic cash payment, stated as a sum certain, or ordering the obligor to provide health care coverage for the child under a policy available through the obligor's employment; (d) the amount of periodic payments of fees and costs for a child support services agency, the issuing tribunal, and the obligee's attorney, stated as sums certain; and (e) the amount of periodic payments of arrearages and interest on arrearages, stated as sums certain. (4) An employer shall comply with the law of the state of the obligor's principal place of employment for withholding from income with respect to: (a) the employer's fee for processing an income withholding order; (b) the maximum amount permitted to be withheld from the obligor's income; and (c) the times within which the employer must implement the withholding order and forward the child support payment.
Utah Code § 81-3-102 — Utah Code / Title 81 / Chapter 81-3 / § 81-3-102
§ 81-3-102. Married individual's right to contract, sue, and be sued.
Status: in_force

A married individual may contract, sue, or be sued, to the same extent and in the same manner as if the individual was unmarried.
Utah Code § 81-8-201 — Utah Code / Title 81 / Chapter 81-8 / § 81-8-201
§ 81-8-201. Bases for jurisdiction over nonresident.
Status: in_force

(1) In a proceeding to establish or enforce a support order or to determine parentage of a child, a tribunal of this state may exercise personal jurisdiction over a nonresident individual, or the individual's guardian or conservator, if: (a) the individual is personally served with notice within this state; (b) the individual submits to the jurisdiction of this state by consent in a record, by entering a general appearance, or by filing a responsive document having the effect of waiving any contest to personal jurisdiction; (c) the individual resided with the child in this state; (d) the individual resided in this state and provided prenatal expenses or support for the child; (e) the child resides in this state as a result of the acts or directives of the individual; (f) the individual engaged in sexual intercourse in this state and the child may have been conceived by that act of intercourse; (g) the individual asserted parentage of a child in the putative father registry maintained in this state by the Office of Vital Records and Statistics in accordance with Chapter 13, Adoption; or (h) there is any other basis consistent with the constitutions of this state and the United States for the exercise of personal jurisdiction. (2) The bases of personal jurisdiction set forth in Subsection (1) or in any other law of this state may not be used to acquire personal jurisdiction for a tribunal of this state to modify a child support order of another state unless the requirements of Section 81-8-611 are met, or, in the case of a foreign support order, unless the requirements of Section 81-8-615 are met.
Utah Code § 81-10-105 — Utah Code / Title 81 / Chapter 81-10 / § 81-10-105
§ 81-10-105. Duty to notify of change of address.
Status: in_force

(1) (a) Except as otherwise provided in Subsection (2), an individual to whom custodial responsibility has been granted during deployment pursuant to Part 2, Agreement Addressing Custodial Responsibility During Deployment, or Part 3, Judicial Procedure for Granting Custodial Responsibility During Deployment, shall notify the deploying parent and any other individual with custodial responsibility of a child of any change of the individual's mailing address or residence until the grant is terminated. (b) The individual shall provide notice to any court that has issued a custody or child support order concerning the child, which is in effect. (2) (a) If a court order currently in effect prohibits disclosure of the address or contact information of an individual to whom custodial responsibility has been granted, a notification under Subsection (1) may be made only to the court that issued the order. (b) The court shall keep confidential the mailing address or residence of the individual to whom custodial responsibility has been granted.
Utah Code § 81-6-202 — Utah Code / Title 81 / Chapter 81-6 / § 81-6-202
§ 81-6-202. Determination of amount of child support -- Application of child support guidelines -- Requirements for child support order.
Status: in_force

(1) (a) If a prior child support order does not exist, a substantial change in circumstances has occurred, or a petition to modify a child support order as described in Section 81-6-212 is filed, the court determining the amount of prospective child support shall require each party to file a proposed award of child support using the child support guidelines before the court enters or modifies a child support order. (b) When no prior child support order exists, the court or administrative agency shall determine and assess all arrearages based upon the child support guidelines. (2) (a) The court or administrative agency shall apply the child support guidelines as a rebuttable presumption in establishing or modifying the amount of temporary or permanent child support. (b) The rebuttable presumption means the provisions and considerations required by the child support guidelines, the award amounts resulting from the application of the child support guidelines, and the use of worksheets consistent with the child support guidelines are presumed to be correct, unless the child support guidelines are rebutted in accordance with this section. (3) (a) A written finding or specific finding on the record supporting the conclusion that complying with a provision of the child support guidelines or ordering an award amount resulting from use of the child support guidelines would be unjust, inappropriate, or not in the best interest of a child in a particular case is sufficient to rebut the presumption in that case. (b) If an order rebuts the presumption through findings, the order is considered a deviated order. (4) The following are considered deviations from the child support guidelines, if: (a) the order includes a written finding that the order is a deviation from the child support guidelines; (b) the worksheet has: (i) the box checked for a deviation; and (ii) an explanation as to the reason; or (c) the deviation is made because there were more children than provided for in the child support tables. (5) If the amount in the order and the amount on the worksheet differ by $10 or more: (a) the order is considered deviated; and (b) the incomes listed on the worksheet may not be used in adjusting support for emancipation as described in Section 81-6-213. (6) If the court finds sufficient evidence to rebut the guidelines as described in Subsection (3), the court shall establish child support after considering all relevant factors, including: (a) the standard of living and situation of the parties; (b) the relative wealth and income of the parties; (c) the ability of the obligor to earn; (d) the ability of the obligee to earn; (e) the ability of an incapacitated adult child to earn, or other benefits received by the adult child or on the adult child's behalf including Supplemental Security Income; (f) the needs of the obligee, the obligor, and the child; (g) the ages of the parties; and (h) the responsibilities of the obligor and the obligee for the support of others. (7) (a) If there are children of either parent who live in the home of that parent and are not children in common to both parties, the court or administrative agency, at the option of either party, may take into account the children under the child support guidelines in setting a base child support award as described in Subsection (8). (b) Additional worksheets shall be prepared that calculate the base child support award of the respective parents for the additional children. (c) The court or administrative agency shall subtract the base child support award calculated under Subsection (7)(b) from the appropriate parent's income before determining the award in the case described in Subsection (7)(a). (8) In a proceeding to adjust or modify a child support order, the court or administrative agency may consider children, who are born after the entry of the child support order and are not in common to both parties, to mitigate an increase in the award, but the court or administrative agency may not consider the children: (a) for the benefit of the obligee if the credit would increase the support obligation of the obligor from the most recent child support order; or (b) for the benefit of the obligor if the amount of support received by the obligee would be decreased from the most recent child support order. (9) A stipulated amount for child support or combined child support and alimony is adequate under the child support guidelines if the stipulated child support amount or combined amount equals or exceeds the base child support award required by the child support guidelines. (10) The court shall include the following provisions in a child support order: (a) a provision establishing the monthly amount of child support obligation for each parent in accordance with the child support guidelines; (b) a provision assigning responsibility for the payment of reasonable and necessary medical expenses for the child as described in Section 81-6-208; (c) a provision requiring the purchase and maintenance of appropriate health care insurance for the medical expenses of the child as described in Section 81-6-208 if health care insurance is or becomes available at a reasonable cost; (d) a provision regarding the child care expenses as described in Section 81-6-209; (e) a provision regarding each parent's right to claim a child as a tax exemption for federal and state income tax purposes in accordance with Section 81-6-210; (f) provisions for income withholding as a means of collecting child support, in accordance with Title 26B, Chapter 9, Part 3, Income Withholding in IV-D Cases, and Title 26B, Chapter 9, Part 4, Income Withholding in Non IV-D Cases; and (g) a provision regarding a parent's opportunity to adjust a child support order as described in Section 81-6-212. (11) The office shall include the provisions described in Section 26B-9-224 in a child support order.
Utah Code § 81-15-104 — Utah Code / Title 81 / Chapter 81-15 / § 81-15-104
§ 81-15-104. Arbitration agreement.
Status: in_force

(1) An arbitration agreement shall: (a) be in a record signed by the parties; (b) identify the arbitrator, an arbitration organization, or a method of selecting an arbitrator; and (c) identify the family law dispute the parties intend to arbitrate. (2) Except as otherwise provided in Subsection (3), an agreement in a record to arbitrate a family law dispute that arises between the parties before, at the time, or after the agreement is made is valid and enforceable as any other contract and irrevocable except on a ground that exists at law or in equity for the revocation of a contract. (3) An agreement to arbitrate a child-related dispute that arises between the parties after the agreement is made is unenforceable unless: (a) the parties affirm the agreement in a record after the dispute arises; or (b) the agreement was entered during a family law proceeding and the court approved or incorporated the agreement in an order issued in the proceeding. (4) If a party objects to arbitration on the ground the arbitration agreement is unenforceable or the agreement does not include a family law dispute, the court shall decide whether the agreement is enforceable or includes the family law dispute.
Utah Code § 81-8-703 — Utah Code / Title 81 / Chapter 81-8 / § 81-8-703
§ 81-8-703. Relationship of Department of Health and Human Services to United States central authority.
Status: in_force

The Utah Department of Health and Human Services is recognized as the agency designated by the United States central authority to perform specific functions under the convention.