Utah Code § 81-6-209 — Utah Code / Title 81 / Chapter 81-6 / § 81-6-209
§ 81-6-209. Requirements for a child support order regarding child care expenses -- Actual expenses.
Status: in_force

(1) (a) Except as otherwise provided in this section, the court or administrative agency shall require in a child support order that: (i) each parent share equally the reasonable work-related child care expenses of the parents; and (ii) the obligor pay a minimal child care award to the obligee if the court or administrative agency is entering or modifying the child support order on or after January 1, 2027. (b) The court or administrative agency may not order a minimal child care award under Subsection (1)(a)(ii) if the obligor's child support obligation is calculated using the low income table. (2) (a) The court or administrative agency shall presume under Subsection (1) that work-related child care expenses should be included in a child support order if a parent, during extended parent-time, is working and actually incurring expenses for child care. (b) The presumption under Subsection (2)(a) is rebutted if: (i) the obligor's base child support award, in combination with the award of medical expenses, exceeds 50% of the obligor's adjusted gross income; or (ii) by adding the child care expenses, the obligor's child support obligation would exceed 50% of the obligor's adjusted gross income. (3) (a) The court or administrative agency may award child care expenses on a case-by-case basis if the child care expenses are related to the employment and occupational training of the custodial parent or the child care expenses would be in the interest of justice. (b) The court or administrative agency may assign financial responsibility in a child support order for all or a portion of child care expenses incurred on behalf of a child due to the employment or occupational training of the custodial parent. (4) (a) The court or administrative agency may impute a monthly obligation for child care expenses when the court imputes income to a parent who is providing child care for the child so that the parties are not incurring child care expenses for the child. (b) The court shall apply any monthly obligation imputed under Subsection (4)(a) towards any actual child care expenses incurred within the same month for the child. (5) (a) The court shall require each party to file a proposed minimal child care award before the court makes a determination under Subsection (1)(a)(ii). (b) To calculate a minimal child care award under Subsection (1)(a)(ii), the court or administrative agency shall: (i) use the combined adjusted average monthly gross income of the parents as calculated for the base child support award under Section 81-6-204; and (ii) locate the minimal child care award for each child in the minimal child care award table in Section 81-6-306 by finding: (A) the combined adjusted average monthly gross income in the table; (B) the age of the child in the table; and (C) combining the amounts in the table for each child to determine the minimal child care award. (c) The court or administrative agency shall presume that the amount calculated under Subsection (5)(b) for the minimal child care award is the amount that the obligor should pay under Subsection (1)(a)(ii). (d) The presumption described in Subsection (5)(c) is rebuttable upon: (i) an agreement of the parties that is acceptable to the court or administrative agency; (ii) the court or administrative agency determining that the evidence presented favors a different minimal child care award; or (iii) a showing, by a preponderance of the evidence, that a different minimal child care award is in the best interest of the child. (e) Notwithstanding Subsection (5)(b) or (c), the court or administrative agency may set the minimal child care award under Subsection (1)(a)(ii) at zero dollars upon a showing, by a preponderance of the evidence, that child care expenses will not be incurred. (f) If a child is in the custody of the state and placed in a facility that is managed by the state, the obligor does not owe the child's portion of the minimal child care award for any month that the child is in the facility. (g) If a minimal child care award is calculated using the minimal child care award table in Section 81-6-306, the minimal child care award in a child support order shall be automatically adjusted to the appropriate amount in the minimal child care award table as the child ages without the need of the court or administrative agency to modify the order. (h) The minimal child care award for a child shall terminate at the earlier of: (i) the child turning 13 years old; or (ii) the child becoming emancipated as that term is defined in Section 81-6-213. (6) In the absence of a court order to the contrary, a parent who incurs a child care expense shall provide written verification of the expense and identity of a child care provider to the other parent upon initial engagement of a provider and thereafter on the request of the other parent. (7) (a) In the absence of a court order to the contrary, the parent shall notify the other parent of any change of a child care provider, any change in the monthly expense of child care, or the termination of child care within 30 calendar days after the day on which the change occurred. (b) The notification requirement described in Subsection (7)(a) does not apply if there is a protective order or stalking injunction in effect that prohibits a parent from contacting the other parent. (8) The court may deny a parent incurring work-related child care expenses the right to receive credit for the expenses or to recover the other parent's share of the expenses if the parent incurring the expenses fails to comply with this section.
Utah Code § 81-14-203 — Utah Code / Title 81 / Chapter 81-14 / § 81-14-203
§ 81-14-203. Prohibited custody transfer.
Status: in_force

(1) Except as provided in Subsection (2), a parent or guardian of a minor child, or an individual with whom a minor child has been placed for adoption, may not transfer custody of the minor child to another person with the intent, at the time of the transfer, to abandon the rights and responsibilities concerning the minor child. (2) A parent or guardian of a minor child or an individual with whom a minor child has been placed for adoption may transfer custody of the minor child to another person with the intent, at the time of the transfer, to abandon the rights and responsibilities concerning the minor child only through: (a) adoption or guardianship; (b) judicial award of custody; (c) placement by or through a child-placing agency; (d) other judicial or tribal action; or (e) safe relinquishment under Title 80, Chapter 4, Part 5, Safe Relinquishment of a Newborn Child. (3) (a) A person may not receive custody of a minor child, or act as an intermediary in a transfer of custody of a minor child, if the person knows or reasonably should know the transfer violates Subsection (1). (b) This subsection does not apply if the person as soon as practicable after the transfer, notifies the Division of Child and Family Services of the transfer or takes appropriate action to establish custody under Subsection (2). (4) A violation of this section is a class B misdemeanor. (5) A violation of Subsection (1) is not established solely because a parent or guardian that transfers custody of a minor child does not regain custody.
Utah Code § 81-5-809 — Utah Code / Title 81 / Chapter 81-5 / § 81-5-809
§ 81-5-809. Effect of nonvalidated gestational agreement.
Status: in_force

(1) A gestational agreement, whether in a record or not, which is not validated by a tribunal is not enforceable. (2) If a birth results under a gestational agreement that is not judicially validated as provided in this part, the parent-child relationship is determined as provided in Part 2, Parent and Child Relationship. (3) (a) The individuals who are parties to a nonvalidated gestational agreement as intended parents may be held liable for support of the resulting child, even if the agreement is otherwise unenforceable. (b) The liability under this Subsection (3) includes assessing all expenses and fees as provided in Section 81-5-622.
Utah Code § 81-8-102 — Utah Code / Title 81 / Chapter 81-8 / § 81-8-102
§ 81-8-102. Definitions for chapter.
Status: in_force

As used in this chapter: (1) "Alleged father" means the same as that term is defined in Section 81-5-102. (2) "Birth mother" means the same as that term is defined in Section 81-5-102. (3) "Child" means an individual, whether over or under the age of majority, who is or is alleged to be owed a duty of support by the individual's parent or who is or is alleged to be the beneficiary of a support order directed to the parent. (4) "Child support order" means a support order for a child, including a child who has attained the age of majority under the law of the issuing state or foreign country. (5) "Child support services agency" means a public official, governmental entity, or private agency authorized to: (a) seek enforcement of support orders or laws relating to the duty of support; (b) seek establishment or modification of child support; (c) request determination of parentage of a child; (d) attempt to locate obligors or their assets; or (e) request determination of the controlling child support order. (6) "Convention" means the convention on the International Recovery of Child Support and Other Forms of Family Maintenance, concluded at The Hague on November 23, 2007. (7) "Duty of support" means an obligation imposed or imposable by law to provide support for a child, spouse, or former spouse, including an unsatisfied obligation to provide support. (8) "Foreign country" means a country, including a political subdivision thereof, other than the United States, that authorizes the issuance of support orders and: (a) which has been declared under the law of the United States to be a foreign reciprocating country; (b) which has established a reciprocal arrangement for child support with this state as provided in Section 81-8-308; (c) which has enacted a law or established procedures for the issuance and enforcement of support orders which are substantially similar to the procedures under this chapter; or (d) in which the convention is in force with respect to the United States. (9) "Foreign support order" means a support order of a foreign tribunal. (10) (a) "Foreign tribunal" means a court, administrative agency, or quasi-judicial entity of a foreign country which is authorized to establish, enforce, or modify support orders or to determine parentage of a child. (b) "Foreign tribunal" includes a competent authority under the convention. (11) "Home state" means the state or foreign country in which a child lived with a parent or a person acting as parent for at least six consecutive months immediately preceding the time of filing of a petition or comparable pleading for support and, if a child is less than six months old, the state or foreign country in which the child lived from birth with any of them. A period of temporary absence of any of them is counted as part of the six-month or other period. (12) "Income" includes earnings or other periodic entitlements to money from any source and any other property subject to withholding for support under the law of this state. (13) "Income-withholding order" means an order or other legal process directed to an obligor's employer or other source of income as defined in Section 26B-9-101, to withhold support from the income of the obligor. (14) "Initiating tribunal" means the tribunal of a state or foreign country from which a petition or comparable pleading is forwarded or in which a petition or comparable pleading is filed for forwarding to another state or foreign country. (15) "Issuing foreign country" means the foreign country in which a tribunal issues a support order or a judgment determining parentage of a child. (16) "Issuing state" means the state in which a tribunal issues a support order or a judgment determining parentage of a child. (17) "Issuing tribunal" means the tribunal of a state or foreign country that issues a support order or a judgment determining parentage of a child. (18) "Law" includes decisional and statutory law and rules and regulations having the force of law. (19) "Obligee" means: (a) an individual to whom a duty of support is or is alleged to be owed or in whose favor a support order or a judgment determining parentage of a child has been issued; (b) a foreign country, state, or political subdivision of a state to which the rights under a duty of support or support order have been assigned or which has independent claims based on financial assistance provided to an individual obligee in place of child support; (c) an individual seeking a judgment determining parentage of the individual's child; or (d) a person who is a creditor in a proceeding under Part 7, Support Proceedings Under Convention. (20) "Obligor" means an individual who, or the estate of a decedent that: (a) owes or is alleged to owe a duty of support; (b) is alleged but has not been adjudicated to be a parent of a child; (c) is liable under a support order; or (d) is a debtor in a proceeding under Part 7, Support Proceedings Under Convention. (21) "Outside this state" means a location in another state or a country other than the United States, whether or not the country is a foreign country. (22) "Person" means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, government, governmental subdivision, agency, or instrumentality, public corporation, or any other legal or commercial entity. (23) "Presumed father" means the same as that term is defined in Section 81-5-102. (24) "Record" means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form. (25) "Register" means to file in a tribunal of this state a support order or judgment determining parentage of a child issued in another state or a foreign country. (26) "Registering tribunal" means a tribunal in which a support order or judgment determining parentage of a child is registered. (27) "Responding state" means a state in which a petition or comparable pleading for support or to determine parentage of a child is filed or to which a petition or comparable pleading is forwarded for filing from another state or a foreign country. (28) "Responding tribunal" means the authorized tribunal in a responding state or foreign country. (29) "Spousal support order" means a support order for a spouse or former spouse of the obligor. (30) (a) "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. (b) "State" includes an Indian nation or tribe. (31) (a) "Support order" means a judgment, decree, order, decision, or directive, whether temporary, final, or subject to modification, issued in a state or foreign country for the benefit of a child, a spouse, or a former spouse, which provides for monetary support, health care, arrearages, retroactive support, or reimbursement for financial assistance provided to an individual obligee in place of child support. (b) "Support order" includes related costs and fees, interest, income withholding, automatic adjustment, reasonable attorney fees, and other relief. (32) "Tribunal" means a court, administrative agency, or quasi-judicial entity authorized to establish, enforce, or modify support orders or to determine parentage of a child.
Utah Code § 81-15-109 — Utah Code / Title 81 / Chapter 81-15 / § 81-15-109
§ 81-15-109. Party participation.
Status: in_force

(1) A party may: (a) be represented in an arbitration by an attorney; (b) be accompanied by an individual who will not be called as a witness or act as an advocate; and (c) participate in the arbitration to the full extent permitted under the law and procedural rules of this state, other than this chapter, governing a party's participation in contractual arbitration. (2) A party or representative of a party may not communicate ex parte with the arbitrator except to the extent allowed in a family law proceeding for communication with a judge.
Utah Code § 81-9-103 — Utah Code / Title 81 / Chapter 81-9 / § 81-9-103
§ 81-9-103. Mandatory parenting course for parties in a divorce or parentage action.
Status: in_force

(1) The Judicial Council shall approve and implement: (a) a mandatory parenting course in all judicial districts for married parties in a divorce action determining issues of child custody and parent-time; and (b) a mandatory parenting course in all judicial districts for unmarried parties in a parentage action determining issues of child custody and parent-time. (2) The Judicial Council shall adopt rules to implement and administer the mandatory parenting courses described in Subsection (1). (3) The mandatory parenting courses shall educate and sensitize parties to the needs of the parties' minor child during and after the court process, including instructing the parties: (a) about the impact of the court process, and its outcome, on: (i) the minor child; (ii) the family relationship; and (iii) the financial responsibilities of the parties to the minor child; and (b) that domestic violence has a harmful effect on a minor child and family relationships. (4) (a) The mandatory parenting course may be provided through live instruction, video instruction, or an online provider. (b) The online and video options under Subsection (4)(a) must be formatted as interactive presentations that ensure active participation and learning by the party. (5) (a) The Administrative Office of the Courts shall administer the mandatory parenting courses, in accordance with Title 63G, Chapter 6a, Utah Procurement Code, through private or public contracts and organize the program in each of Utah's judicial districts. (b) The contracts shall provide for the recoupment of administrative expenses through the costs charged to individual partiesas described in Subsection (7). (6) A certificate of completion constitutes evidence to the court of completion of a parenting course under this section by the parties. (7) (a) Each party shall pay the cost of the parenting course to the independent contractor providing the course at the time and place of the course. (b) A fee of $8 shall be collected, as part of a parenting course fee paid by each participant, and deposited in the Children's Legal Defense Account, described in Section 51-9-408. (c) Each party who is unable to pay the cost of a parenting course may attend the parenting course, without payment, upon a prima facie showing of indigency as evidenced by an affidavit of indigency filed in the court in accordance with Section 78A-2-302. (d) The Administrative Office of the Courts shall use appropriations from the Children's Legal Defense Account to reimburse an independent contractor for the costs of a party who is unable to pay for a parenting course under Subsection (7)(c). (8) The Administrative Office of the Courts shall: (a) adopt a program to evaluate the effectiveness of the mandatory parenting courses; and (b) provide progress reports to the Judiciary Interim Committee if requested.
Utah Code § 81-5-313 — Utah Code / Title 81 / Chapter 81-5 / § 81-5-313
§ 81-5-313. Rulemaking by Office of Vital Records and Statistics.
Status: in_force

The Office of Vital Records and Statistics may adopt rules in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, to implement this part.
Utah Code § 81-10-201 — Utah Code / Title 81 / Chapter 81-10 / § 81-10-201
§ 81-10-201. Form of agreement.
Status: in_force

(1) (a) The parents of a child may enter into a temporary agreement under this part granting custodial responsibility during deployment. (b) When the parents of a child include one or more servicemembers, the parents should enter into an agreement granting custodial responsibility before notice of deployment, but may also enter into an agreement granting custodial responsibility following notice of deployment. (2) An agreement under Subsection (1) shall be: (a) in writing; and (b) signed by both parents and any nonparent to whom custodial responsibility is granted. (3) Subject to Subsection (4), an agreement under Subsection (1), if feasible, shall: (a) identify the destination, duration, and conditions of the deployment that is the basis for the agreement if the deployment has been noticed; (b) specify the allocation of caretaking authority among the deploying parent, the other parent, and any nonparent; (c) specify any decision-making authority that accompanies a grant of caretaking authority; (d) specify any grant of limited contact to a nonparent; (e) if under the agreement custodial responsibility is shared by the other parent and a nonparent, or by other nonparents, provide a process to resolve any dispute that may arise; (f) specify the frequency, duration, and means, including electronic means, by which the deploying parent will have contact with the child, any role to be played by the other parent in facilitating the contact, and the allocation of any costs of contact; (g) specify the contact between the deploying parent and child during the time the deploying parent is on leave or is otherwise available; (h) acknowledge that any party's child-support obligation cannot be modified by the agreement, and that changing the terms of the obligation during deployment requires modification in the appropriate court; (i) provide that the agreement will terminate according to the procedures under Part 4, Return from Deployment, after the deploying parent returns from deployment; and (j) if the agreement is required to be filed pursuant to Section 81-10-205, specify which parent is required to file the agreement. (4) The omission of any of the items specified in Subsection (3) does not invalidate an agreement under this section. (5) A servicemember shall ensure that the servicemember's family care plan reflects orders and agreements entered and filed in accordance with this chapter.
Utah Code § 81-10-403 — Utah Code / Title 81 / Chapter 81-10 / § 81-10-403
§ 81-10-403. Visitation before termination of temporary grant of custodial responsibility.
Status: in_force

After a deploying parent returns from deployment until a temporary agreement or order for custodial responsibility established under Part 2, Agreement Addressing Custodial Responsibility During Deployment, or a provision of a court order specifying temporary custodial responsibility during deployment issued under Part 3, Judicial Procedure for Granting Custodial Responsibility During Deployment, or Chapter 9, Custody, Parent-time, and Visitation, is terminated, the court shall issue a temporary order granting the deploying parent reasonable contact with the child unless it is contrary to the best interest of the child, even if the time of contact exceeds the time the deploying parent spent with the child before deployment.
Utah Code § 81-2-301 — Utah Code / Title 81 / Chapter 81-2 / § 81-2-301
§ 81-2-301. Definitions for part.
Status: in_force

As used in this part: (1) "County clerk" means: (a) the county clerk of the county; or (b) an employee or designee of the county clerk who is authorized to issue marriage licenses or solemnize marriages. (2) "Judge or magistrate of the United States" means: (a) a justice of the United States Supreme Court; (b) a judge of a court of appeals; (c) a judge of a district court; (d) a judge of any court created by an act of Congress, the judges of which are entitled to hold office during good behavior; (e) a judge of a bankruptcy court; (f) a judge of a tax court; or (g) a United States magistrate. (3) "Minor" means an individual who is 16 or 17 years old. (4) (a) "Native American spiritual advisor" means an individual who: (i) leads, instructs, or facilitates a Native American religious ceremony or service or provides religious counseling; and (ii) is recognized as a spiritual advisor by a federally recognized Native American tribe. (b) "Native American spiritual advisor" includes a sweat lodge leader, medicine person, traditional religious practitioner, or holy man or woman. (c) "Military chaplain" means an individual who is a commissioned officer of: (i) the Chaplain Corps of the United States Army; (ii) the Chaplain Corps of the United States Navy, including the United States Coast Guard; or (iii) the United States Air Force designated for duty as a chaplain.
Utah Code § 81-14-201 — Utah Code / Title 81 / Chapter 81-14 / § 81-14-201
§ 81-14-201. Definitions for part.
Status: in_force

As used in this part: (1) "Guardian" means a person recognized as a guardian under other law of this state. (2) "Intermediary" means a person that assists or facilitates a transfer of custody of a minor child, whether or not for compensation.
Utah Code § 81-14-403 — Utah Code / Title 81 / Chapter 81-14 / § 81-14-403
§ 81-14-403. Transitional provisions.
Status: in_force

(1) Part 2, Prohibition of Unregulated Custody Transfer, applies to: (a) a transfer of custody on or after May 4, 2022; and (b) soliciting or advertising on or after May 4, 2022. (2) Part 3, Information and Guidance, applies to placement of a minor child for adoption more than 60 days after May 4, 2022.
Utah Code § 81-13-211 — Utah Code / Title 81 / Chapter 81-13 / § 81-13-211
§ 81-13-211. Counseling for parents.
Status: in_force

(1) As used in this section, "parent" means a person described in Subsections 81-13-212(1)(b) through (f) for whom the consent or relinquishment of a minor child for the adoption is required. (2) Subject to Subsection (3)(a), before relinquishing a minor child to a child-placing agency, or consenting to the adoption of a child adoptee, a parent of the child adoptee has the right to participate in, or elect to participate in, mental health therapy: (a) by a mental health professional who is licensed under Title 58, Chapter 60, Mental Health Professional Practice Act, and selected by the parent participating in the mental health therapy; (b) for up to three sessions of at least 50 minutes per session completed before relinquishing a child adoptee and up to three sessions of at least 50 minutes per session following the relinquishment of a child adoptee; and (c) subject to Subsection (3)(b), at the expense of the: (i) child-placing agency; or (ii) prospective adoptive parents. (3) (a) Notwithstanding Subsection (2), a parent who has the right to participate in the mental health therapy under Subsection (2) may waive that right. (b) Notwithstanding Subsection (2)(c), the total amount required to be paid by a child-placing agency or the prospective adoptive parents for the mental health therapy described in Subsection (2) may not exceed $800, unless an agreement for a greater amount is signed by: (i) the parent who receives the mental health therapy; and (ii) the child-placing agency or prospective adoptive parents. (4) Before a parent relinquishes a child adoptee to a child-placing agency, or consents to the adoption of a child adoptee, the parent shall be informed of the right described in Subsection (1) by the: (a) child-placing agency; (b) prospective adoptive parents; or (c) representative of a person described in Subsection (4)(a) or (b). (5) If the parent who is entitled to the mental health therapy as described in Subsection (1) elects to attend one or more mental health therapy sessions following the relinquishment of a child adoptee the parent of the child adoptee and the child-placing agency or attorney representing a prospective adoptive parent of the child adoptee shall enter into an agreement to pay for the mental health therapy in accordance with this section. (6) (a) Subject to Subsections (4)(b) and (c), before the day on which a final decree of adoption is entered, a statement shall be filed with the court that: (i) is signed by each parent who: (A) relinquishes the parent's parental rights; or (B) consents to the adoption; and (ii) states that, before the parent took the action described in Subsection (6)(a)(i)(A) or (B), the parent was advised of the parent's right to participate in the mental health therapy described in this section at the expense of the: (A) child-placing agency; or (B) prospective adoptive parents. (b) The statement described in Subsection (6)(a) may be included in the document that: (i) relinquishes the parent's parental rights; or (ii) consents to the adoption. (c) Failure by a person to give the notice described in Subsection (4), or pay for the mental health therapy described in this section shall not constitute grounds for invalidating a: (i) relinquishment of parental rights; or (ii) consent to adoption.
Utah Code § 81-8-608 — Utah Code / Title 81 / Chapter 81-8 / § 81-8-608
§ 81-8-608. Confirmed order.
Status: in_force

Confirmation of a registered support order, whether by operation of law or after notice and hearing, precludes further contest of the order with respect to any matter that could have been asserted at the time of registration.
Utah Code § 81-9-205 — Utah Code / Title 81 / Chapter 81-9 / § 81-9-205
§ 81-9-205. Presumption of joint legal custody -- Joint custody factors -- Order for joint custody.
Status: in_force

(1) The court may order joint legal custody or joint physical custody or both joint legal custody and joint physical custody if: (a) one or both parents have filed a parenting plan as described in Section 81-9-203; and (b) the court determines that, by a preponderance of the evidence, joint legal custody or joint physical custody or both joint legal custody and joint physical custody is in the best interest of the minor child in accordance with Subsection (5) and Section 81-9-204. (2) (a) There is a rebuttable presumption that joint legal custody is in the best interest of the minor child, except in cases when there is: (i) evidence of domestic violence, neglect, physical abuse, sexual abuse, or emotional abuse involving the minor child, a parent, or a household member of the parent in accordance with Section 81-9-104; (ii) special physical or mental needs of a parent or minor child, making joint legal custody unreasonable; (iii) physical distance between the residences of the parents, making joint decision making impractical in certain circumstances; or (iv) any other factor the court considers relevant, including the factors described in Subsection (5) and Section 81-9-204. (b) A presumption for joint legal custody may be rebutted by showing by a preponderance of the evidence that it is not in the best interest of the minor child. (3) (a) Joint legal custody does not affect the physical custody of the minor child except as specified in the order of joint legal custody. (b) Joint legal custody is not based on awarding equal or nearly equal periods of physical custody of and access to the minor child to each of the parents because the best interest of the minor child often requires that a primary physical residence for the minor child be designated. (c) In ordering joint legal custody, the court: (i) may include an award of exclusive authority by the court to one parent to make specific decisions regarding the minor child; and (ii) is not prohibited from specifying one parent as the primary caretaker and one home as the primary residence of the minor child. (4) (a) Joint physical custody may result in equal or nearly equal periods of physical custody of and access to the minor child by each of the parents to meet the best interest of the minor child. (b) Joint physical custody may require that a physical residence for the minor child be designated. (c) In ordering joint physical custody, the court is not prohibited from specifying one parent as the primary caretaker and one home as the primary residence of the minor child. (5) In addition to the factors described in Section 81-9-204, the court shall consider the following factors in determining whether joint legal custody, joint physical custody, or both joint legal custody and joint physical custody, is in the best interest of the minor child: (a) whether the physical, psychological, and emotional needs and development of the minor child will benefit from joint legal custody or joint physical custody or both joint legal custody and joint physical custody; (b) the ability of the parents to give first priority to the welfare of the minor child and reach shared decisions in the minor child's best interest; (c) co-parenting skills, including: (i) ability to appropriately communicate with the other parent; (ii) ability to encourage the sharing of love and affection; and (iii) willingness to allow frequent and continuous contact between the minor child and the other parent, except that, if the court determines that the parent is acting to protect the minor child from domestic violence, neglect, or abuse, the parent's protective actions may be taken into consideration; (d) whether both parents participated in raising the minor child before the divorce; (e) the geographical proximity of the homes of the parents; (f) the preference of the minor child if the minor child is of sufficient age and capacity to reason so as to form an intelligent preference as to joint legal custody or joint physical custody or both joint legal custody and joint physical custody; (g) the maturity of the parents and their willingness and ability to protect the minor child from conflict that may arise between the parents; (h) the past and present ability of the parents to cooperate with each other and make decisions jointly; and (i) any other factor the court finds relevant. (6) The court shall inform both parties that an order for joint physical custody may preclude eligibility for cash assistance provided under Title 35A, Chapter 3, Employment Support Act. (7) An order of joint legal custody or joint physical custody shall provide terms the court determines appropriate, which may include specifying: (a) the county of residence of the minor child, until altered by further order of the court, or the custodian who has the sole legal right to determine the residence of the minor child; (b) that the parents shall exchange information concerning the health, education, and welfare of the minor child, and where possible, confer before making decisions concerning any of these areas; (c) the rights and duties of each parent regarding the minor child's present and future physical care, support, and education; (d) provisions to minimize disruption of the minor child's attendance at school and other activities, the minor child's daily routine, and the minor child's association with friends; and (e) as necessary, the remaining parental rights, privileges, duties, and powers to be exercised by the parents solely, concurrently, or jointly. (8) An order of joint legal custody or joint physical custody shall require the parenting plan contain a dispute resolution procedure that the parties agree to use: (a) in accordance with Subsection 81-9-203(10); and (b) before seeking enforcement or modification of the terms and conditions of the order of joint legal custody or joint physical custody through litigation, except in emergency situations requiring ex parte orders to protect the minor child. (9) The court shall, where possible, include in the order the terms of the parenting plan provided in accordance with Section 81-9-203. (10) Any parental rights not specifically addressed by the court order may be exercised by the parent having physical custody of the minor child the majority of the time. (11) The appointment of joint legal or physical custodians does not impair or limit the authority of the court to order support of the child, as defined in Section 81-6-101, including payments by one custodian to the other. (12) An order of joint legal custody, in itself, is not grounds for modifying a support order. (13) The court may order that when possible the parties attempt to settle future disputes by a dispute resolution method before seeking enforcement or modification of the terms and conditions of the order of joint legal custody or joint physical custody through litigation, except in emergency situations requiring ex parte orders to protect the minor child.
Utah Code § 81-12-108 — Utah Code / Title 81 / Chapter 81-12 / § 81-12-108
§ 81-12-108. Warrant to take physical custody of a minor child.
Status: in_force

(1) If a petition under this chapter contains allegations, and the court finds that there is a credible risk that the minor child is imminently likely to be wrongfully removed, the court may issue an ex parte warrant to take physical custody of the minor child. (2) (a) The respondent on a petition under Subsection (1) must be afforded an opportunity to be heard at the earliest possible time after the ex parte warrant is executed, but not later than the next judicial day unless a hearing on that date is impossible. (b) In that event, the court shall hold the hearing on the first judicial day possible. (3) An ex parte warrant under Subsection (1) to take physical custody of a minor child must: (a) recite the facts upon which a determination of a credible risk of imminent wrongful removal of the minor child is based; (b) direct law enforcement officers to take physical custody of the minor child immediately; (c) state the date and time for the hearing on the petition; and (d) provide for the safe interim placement of the minor child pending further order of the court. (4) If feasible, before issuing a warrant and before determining the placement of the minor child after the warrant is executed, the court may order a search of the relevant databases of the National Crime Information Center system and similar state databases to determine if either the petitioner or respondent has a history of domestic violence, stalking, or child abuse or neglect. (5) The petition and warrant must be served on the respondent when or immediately after the minor child is taken into physical custody. (6) (a) A warrant to take physical custody of a minor child, issued by this state or another state, is enforceable throughout this state. (b) If the court finds that a less intrusive remedy will not be effective, the court may authorize law enforcement officers to enter private property to take physical custody of the minor child. (c) If required by exigent circumstances, the court may authorize law enforcement officers to make a forcible entry at any hour. (7) If the court finds, after a hearing, that a petitioner sought an ex parte warrant under Subsection (1) for the purpose of harassment or in bad faith, the court may award the respondent reasonable attorney fees, costs, and other reasonable expenses and losses arising out of the issuance of the ex parte warrant. (8) This chapter does not affect the availability of relief allowed under the law of this state other than this chapter.
Utah Code § 81-8-613 — Utah Code / Title 81 / Chapter 81-8 / § 81-8-613
§ 81-8-613. Jurisdiction to modify child support order of another state when individual parties reside in this state.
Status: in_force

(1) If all of the parties who are individuals reside in this state and the child does not reside in the issuing state, a tribunal of this state has jurisdiction to enforce and to modify the issuing state's child support order in a proceeding to register that order. (2) A tribunal of this state exercising jurisdiction under this section shall apply the provisions of this part, Part 1, General Provisions, and Part 2, Jurisdiction, and the procedural and substantive law of this state to the proceeding for enforcement or modification. Part 3, Civil Provisions of General Application, Part 4, Establishment of Support Order or Determination of Parentage, Part 5, Enforcement of Support Order Without Registration, Part 7, Support Proceedings Under Convention, and Part 8, Rendition, do not apply.
Utah Code § 81-5-301 — Utah Code / Title 81 / Chapter 81-5 / § 81-5-301
§ 81-5-301. Declaration of paternity.
Status: in_force

The birth mother of a child and a man claiming to be the genetic father of the child may sign a declaration of paternity to establish the paternity of the child.
Utah Code § 81-8-207 — Utah Code / Title 81 / Chapter 81-8 / § 81-8-207
§ 81-8-207. Determination of controlling child-support order.
Status: in_force

(1) If a proceeding is brought under this chapter and only one tribunal has issued a child support order, the order of that tribunal controls and shall be so recognized. (2) If a proceeding is brought under this chapter, and two or more child support orders have been issued by tribunals of this state, another state, or a foreign country with regard to the same obligor and same child, a tribunal of this state having personal jurisdiction over both the obligor and individual obligee shall apply the following rules and by order shall determine which order controls and shall be recognized: (a) If only one of the tribunals would have continuing, exclusive jurisdiction under this chapter, the order of that tribunal controls. (b) If more than one of the tribunals would have continuing, exclusive jurisdiction under this chapter, an order issued by a tribunal in the current home state of the child controls, or if an order has not been issued in the current home state of the child, the order most recently issued controls. (c) If none of the tribunals would have continuing, exclusive jurisdiction under this chapter, the tribunal of this state shall issue a child support order, which controls. (3) (a) If two or more child support orders have been issued for the same obligor and same child, upon request of a party who is an individual or that is a child support services agency, a tribunal of this state having personal jurisdiction over both the obligor and the obligee who is an individual shall determine which order controls under Subsection (2). (b) The request under Subsection (3)(a) may be filed with a registration for enforcement or registration for modification pursuant to Part 6, Registration, Enforcement, and Modification of Support Order, or may be filed as a separate proceeding. (4) (a) A request to determine which is the controlling order shall be accompanied by a copy of every child support order in effect and the applicable record of payments. (b) The requesting party shall give notice of the request to each party whose rights may be affected by the determination. (5) The tribunal that issued the controlling order under Subsection (1), (2), or (3) has continuing jurisdiction to the extent provided in Section 81-8-205 or 81-8-206. (6) A tribunal of this state that determines by order which is the controlling order under Subsection (2)(a), (b), or (3) that issues a new controlling order under Subsection (2)(c), shall state in that order: (a) the basis upon which the tribunal made the tribunal's determination; (b) the amount of prospective support, if any; and (c) the total amount of consolidated arrears and accrued interest, if any, under all of the orders after all payments made are credited as provided by Section 81-8-209. (7) (a) Within 30 days after issuance of an order determining which is the controlling order, the party obtaining the order shall file a certified copy of the order in each tribunal that issued or registered an earlier order of child support. (b) A party or child support services agency obtaining the order that fails to file a certified copy is subject to appropriate sanctions by a tribunal in which the issue of failure to file arises. (c) The failure to file does not affect the validity or enforceability of the controlling order. (8) An order that has been determined to be the controlling order, or a judgment for consolidated arrears of support and interest, if any, made in accordance with this section shall be recognized in proceedings under this chapter.
Utah Code § 81-10-205 — Utah Code / Title 81 / Chapter 81-10 / § 81-10-205
§ 81-10-205. Filing agreement or power of attorney with court.
Status: in_force

(1) (a) An agreement or power of attorney under this part shall be filed within a reasonable time with any court that has entered an order on custodial responsibility or child support that is in effect concerning the child who is the subject of the agreement or power. (b) The case number and heading of the pending case concerning custodial responsibility or child support shall be provided to the court with the agreement or power. (2) Notwithstanding Subsection (1), failure to file an agreement or power of attorney does not invalidate an otherwise valid agreement or power of attorney.
Utah Code § 81-5-408 — Utah Code / Title 81 / Chapter 81-5 / § 81-5-408
§ 81-5-408. Fees for registry.
Status: in_force

(1) A fee may not be charged to remove a registration. (2) Except as otherwise provided in Subsection (3), the Office of Vital Records and Statistics may charge a reasonable fee for registering records pursuant to Section 81-5-401, making a search of the registry, and for furnishing a certificate. (3) The Office of Recovery Services, the Office of the Attorney General, and child support services agencies of other states or tribes may not be required to pay the fee authorized by Subsection (2).
Utah Code § 81-8-314 — Utah Code / Title 81 / Chapter 81-8 / § 81-8-314
§ 81-8-314. Limited immunity of petitioner.
Status: in_force

(1) Participation by a petitioner in a proceeding under this chapter before a responding tribunal, whether in person, by private attorney, or through services provided by the child support services agency, does not confer personal jurisdiction over the petitioner in another proceeding. (2) A petitioner is not amenable to service of civil process while physically present in this state to participate in a proceeding under this chapter. (3) The immunity granted by this section does not extend to civil litigation based on acts unrelated to a proceeding under this chapter committed by a party while present in this state to participate in the proceeding.
Utah Code § 81-9-501 — Utah Code / Title 81 / Chapter 81-9 / § 81-9-501
§ 81-9-501. Definitions for part.
Status: in_force

As used in this part: (1) "Custody evaluation" means a process in which a custody evaluator gathers and reports to a court information that a court would find relevant in making a decision regarding custody or parent-time that is in a minor child's best interest. (2) "Custody evaluator" means an individual who meets the qualifications described in Subsection 81-9-502(1). (3) "Party" means the petitioner or respondent, or a petitioner or respondent's attorney, in an action for separation, divorce, or custody of a minor child.
Utah Code § 81-15-117 — Utah Code / Title 81 / Chapter 81-15 / § 81-15-117
§ 81-15-117. Correction by court of unconfirmed award.
Status: in_force

(1) On a motion of a party that is made no later than 90 days after the day on which an arbitrator gives notice under Subsection 81-15-114(2) of an award, including an award corrected under Section 81-15-116, the court shall correct the award if: (a) the award has an evident mathematical miscalculation or an evident mistake in the description of a person, thing, or property; (b) the award is imperfect in a matter of form not affecting the merits of the issues submitted; or (c) the arbitrator made an award on a dispute not submitted to the arbitrator and the award may be corrected without affecting the merits of the issues submitted. (2) A motion under this section to correct an award may be joined with a motion to vacate or amend the award under Section 81-15-118. (3) Unless a motion under Section 81-15-118 is pending, the court may confirm a corrected award under Section 81-15-115.
Utah Code § 81-13-306 — Utah Code / Title 81 / Chapter 81-13 / § 81-13-306
§ 81-13-306. Effect of adoption of an adult on pre-existing parent.
Status: in_force

(1) A pre-existing parent of an adult adoptee: (a) is released from all parental rights and duties toward and all responsibilities for the adult 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 adult 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 adult adoptee is adopted, is lawfully married to the individual adopting the adult adoptee are not released under Subsection (1)(b). (3) The parental rights and duties of a pre-existing parent who, at the time the adult adoptee is adopted, is not lawfully married to the individual adopting the adult 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 an adult 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 adult adoptee's life; (ii) the pre-existing parent consents to the prospective adoptive parent's adoption of the adult 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 81-13-303; (iv) consent to the adoption is provided in accordance with Section 81-13-304; and (v) the court finds that it is in the best interest of the adult adoptee to grant the adoption without releasing the pre-existing parent from parental rights and duties. (b) This Subsection (4) does not permit an adult 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 § 81-13-405 — Utah Code / Title 81 / Chapter 81-13 / § 81-13-405
§ 81-13-405. Preplacement and postplacement adoptive evaluations -- Review by court.
Status: in_force

(1) (a) If the person conducting the preplacement adoptive evaluation or postplacement adoptive evaluation disapproves the adoptive placement, the court may dismiss the petition for adoption. (b) Upon request by a prospective adoptive parent, the court shall: (i) order that an additional preplacement adoptive evaluation or postplacement adoptive evaluation be conducted; and (ii) hold a hearing on the suitability of the adoption, including testimony of interested parties. (2) Before finalization of a petition for adoption the court shall review and consider the information and recommendations contained in the preplacement adoptive evaluation and postplacement adoptive evaluation described in Sections 81-13-403 and 81-13-404. (3) With respect to the home study required as part of the preplacement adoptive evaluation described in Subsection 81-13-403(2)(c), a court may review and consider information other than the information contained in the home study described in Subsection 81-13-403(6)(c).
Utah Code § 81-8-307 — Utah Code / Title 81 / Chapter 81-8 / § 81-8-307
§ 81-8-307. Duties of child support services agency.
Status: in_force

(1) A child support services agency of this state, upon request, shall provide services to a petitioner in a proceeding under this chapter. (2) A child support services agency of this state that is providing services to the petitioner shall: (a) take all steps necessary to enable an appropriate tribunal of this state, another state, or a foreign country to obtain jurisdiction over the respondent; (b) request an appropriate tribunal to set a date, time, and place for a hearing; (c) make a reasonable effort to obtain all relevant information, including information as to income and property of the parties; (d) within 10 days, exclusive of Saturdays, Sundays, and legal holidays, after receipt of notice in a record from an initiating, responding, or registering tribunal, send a copy of the notice to the petitioner; (e) within 10 days, exclusive of Saturdays, Sundays, and legal holidays, after receipt of communication in a record from the respondent or the respondent's attorney, send a copy of the communication to the petitioner; and (f) notify the petitioner if jurisdiction over the respondent cannot be obtained. (3) A child support services agency of this state that requests registration of a child support order in this state for enforcement or for modification shall make reasonable efforts: (a) to ensure that the order to be registered is the controlling order; or (b) if two or more child support orders exist and the identity of the controlling order has not been determined, to ensure that a request for such a determination is made in a tribunal having jurisdiction to do so. (4) A child support services agency of this state that requests registration and enforcement of a support order, arrears, or judgment stated in a foreign currency shall convert the amounts stated in the foreign currency into the equivalent amounts in dollars under the applicable official or market exchange rate as publicly reported. (5) A child support services agency of this state shall issue or request a tribunal of this state to issue a child support order and an income-withholding order that redirects payment of current support, arrears, and interest if requested to do so by a child support services agency of another state in accordance with Section 81-8-319. (6) This chapter does not create or negate a relationship of attorney and client or other fiduciary relationship between a child support services agency or the attorney for the agency and the individual being assisted by the agency.
Utah Code § 81-11-303 — Utah Code / Title 81 / Chapter 81-11 / § 81-11-303
§ 81-11-303. Duty to enforce.
Status: in_force

(1) A court of this state shall recognize and enforce a child custody determination of a court of another state if the latter court exercised jurisdiction that was in substantial conformity with this chapter or the determination was made under factual circumstances meeting the jurisdictional standards of this chapter and the determination has not been modified in accordance with this chapter. (2) (a) A court may utilize any remedy available under other law of this state to enforce a child custody determination made by a court of another state. (b) The procedure provided by this part does not affect the availability of other remedies to enforce a child custody determination.
Utah Code § 81-2-203 — Utah Code / Title 81 / Chapter 81-2 / § 81-2-203
§ 81-2-203. Premarital counseling board in county -- Appointment, terms, compensation, offices -- Common counseling board with adjacent county.
Status: in_force

(1) A county is authorized to: (a) provide for premarital counseling; and (b) require the use of premarital counseling as a condition precedent to the issuance of a marriage license under the provisions of this part. (2) The county may appoint a premarital counseling board consisting of seven members, four of whom shall be lay persons and three of whom shall be chosen from the professions of psychiatry, psychology, social work, marriage counseling, the clergy, law or medicine. (3) The county may designate the terms of office and the procedures to be followed by the premarital counseling board and provide for payment of compensation and expenses for members. (4) The county may pay the salaries and expenses of a counseling staff under the supervision of the premarital counseling board and provide office space, furnishings, equipment and supplies for the board's use. (5) A county may join with an adjacent county or counties in forming a common premarital counseling board and in establishing a common master plan for premarital counseling.
Utah Code § 81-15-124 — Utah Code / Title 81 / Chapter 81-15 / § 81-15-124
§ 81-15-124. Immunity of arbitrator.
Status: in_force

(1) An arbitrator or arbitration organization acting in that capacity in a family law dispute is immune from civil liability to the same extent as a judge of a court of this state acting in a judicial capacity. (2) The immunity provided by this section supplements any immunity under a law of this state other than this chapter. (3) An arbitrator's failure to make a disclosure required by Section 81-15-108 does not cause the arbitrator to lose immunity under this section. (4) (a) An arbitrator is not competent to testify, and may not be required to produce records, in a judicial, administrative, or similar proceeding about a statement, conduct, decision, or ruling occurring during an arbitration, to the same extent as a judge of a court of this state acting in a judicial capacity. (b) This Subsection (4) does not apply: (i) to the extent disclosure is necessary to determine a claim by the arbitrator or arbitration organization against a party to the arbitration; or (ii) to a hearing on a motion under Subsection 81-15-118(1)(a) or (b) to vacate an award if there is prima facie evidence that a ground for vacating the award exists. (5) If a person commences a civil action against an arbitrator arising from the services of the arbitrator or seeks to compel the arbitrator to testify or produce records in violation of Subsection (4) and the court determines that the arbitrator is immune from civil liability or is not competent to testify or required to produce the records, the court shall award the arbitrator reasonable attorney fees, costs, and reasonable expenses of litigation.
Utah Code § 81-4-502 — Utah Code / Title 81 / Chapter 81-4 / § 81-4-502
§ 81-4-502. Determination of alimony.
Status: in_force

(1) For a proceeding under Chapter 4, Dissolution of Marriage, or in a proceeding to modify alimony, the court shall consider at least the following factors in determining alimony: (a) the standard of living existing during the marriage, which factors shall include the following: (i) income; (ii) the approximate value of real and personal property; and (iii) any other factor that the court determines to be appropriate to enable the court to make a determination of the standard of living existing during the marriage; (b) the financial condition and needs of the payee, provided that the payee may show financial needs by itemizing expenses present during the marriage rather than by itemizing post petition expenses; (c) the payee's earning capacity or ability to produce income, including the impact of diminished workplace experience resulting from primarily caring for a minor child of the payor; (d) the ability of the payor to provide support; (e) the tax consequences of alimony on each party; (f) the length of the marriage; (g) whether the payee has custody of a minor child requiring support; (h) whether the payee worked in a business owned or operated by the payor; and (i) whether the payee directly contributed to any increase in the payor's skill by paying for education received by the payor or enabling the payor to attend school during the marriage. (2) (a) The court may consider the fault of the parties in determining whether to award alimony and the terms of the alimony. (b) The court may, when fault is at issue, close the proceedings and seal the court records. (3) (a) Except as otherwise provided by this section, the court shall consider the standard of living, existing at the time of separation, in determining alimony in accordance with this section. (b) In considering all relevant facts and principles, the court may, in the court's discretion, base alimony on the standard of living that existed at the time of trial. (4) (a) The court may attempt to equalize the parties' respective standards of living. (b) (i) If a marriage has been in effect for 10 years or more, and if the payee has significantly diminished workplace experience resulting from an agreement between the spouses that the payee reduce the payee's workplace experience to care for a minor child of the payor, it shall be the rebuttable presumption that the court equalize the parties' standard of living. (ii) The presumption under Subsection (4)(b)(i) can be rebutted by a showing of good cause, and the court shall enter specific findings of fact as to the evidentiary basis for its determination. (c) This Subsection (4) may not be applied to or used as the basis to modify an alimony award if the petition for divorce was filed before May 1, 2024. (5) (a) If the marriage is short in duration and a minor child has not been conceived or born during the marriage, the court may consider the standard of living that existed at the time of the marriage. (b) In determining alimony when a marriage of short duration dissolves and a minor child has not been conceived or born during the marriage, the court may consider restoring each party to the condition which existed at the time of the marriage. (6) (a) When a marriage of long duration dissolves on the threshold of a major change in the income of one of the parties due to the collective efforts of both parties, the court shall consider the change when dividing the marital property and in determining the amount of alimony. (b) If a party's earning capacity has been greatly enhanced through the efforts of both parties during the marriage, the court may make a compensating adjustment in dividing the marital property and awarding alimony. (7) (a) Except as provided in Subsection (7)(c), the court may not order alimony for a period of time longer than the length of the marriage. (b) If a party is ordered to pay temporary alimony during the pendency of a divorce action, the court shall count the period of time that the party pays temporary alimony towards the period of time for which the party is ordered to pay alimony. (c) At any time before the termination of alimony, the court may find extenuating circumstances or good cause that justify the payment of alimony for a longer period of time than the length of the marriage. (8) (a) If the parties to the divorce action were previously married to each other, divorced, and then remarried each other, the court shall consider the aggregate of the two marriages as the length of the marriage under Subsection (7)(a) if: (i) the parties are seeking a divorce for the subsequent marriage; and (ii) the petition for divorce for the subsequent marriage was filed on or after January 1, 2026. (b) The aggregate of the two marriages described in Subsection (8)(a): (i) is the sum of: (A) the length of time beginning on the day that the parties first married and ending on the day that one of the parties filed the petition for divorce in the prior divorce action; and (B) the length of time beginning on the day that the parties remarried and ending on the day that one of the parties filed the petition for divorce in the current divorce action; and (ii) does not include the time period between the day that a party filed the petition for divorce in the prior divorce action and the day on which the parties remarried. (c) A court may decline to consider the aggregate of the two marriages as the length of the marriage if the court finds, by a preponderance of the evidence, that aggregating the two marriages would be inequitable. (d) This Subsection (8) does not: (i) reopen, modify, or affect the finality of the prior divorce; or (ii) alter the division of property, debts, or obligations in the prior divorce.
Utah Code § 81-5-607 — Utah Code / Title 81 / Chapter 81-5 / § 81-5-607
§ 81-5-607. Limitation -- Child having presumed father.
Status: in_force

(1) (a) Parentage of a child conceived or born during a marriage with a presumed father, as described in Subsection 81-5-204(1)(a), (b), or (c) may be raised by the presumed father, the birth mother, or a child support services agency at any time before filing an action for divorce or in the pleadings at the time of the divorce of the parents. (b) (i) If the issue is raised prior to the adjudication, genetic testing may be ordered by the tribunal in accordance with Section 81-5-608. (ii) Failure of the birth mother of the child to appear for testing may result in an order allowing a motherless calculation of parentage. (iii) Failure of the birth mother to make the child available may not result in a determination that the presumed father is not the father, but shall allow for appropriate proceedings to compel the cooperation of the birth mother. (iv) If the question of parentage has been raised in the pleadings in a divorce and the tribunal addresses the issue and enters an order, the parties are estopped from raising the issue again, and the order of the tribunal may not be challenged on the basis of material mistake of fact. (c) If the presumed father seeks to rebut the presumption of parentage, then denial of a motion seeking an order for genetic testing or a decision to disregard genetic test results shall be based on a preponderance of the evidence. (d) If the birth mother seeks to rebut the presumption of parentage, the birth mother has the burden to show by a preponderance of the evidence that it would be in the best interests of the child to disestablish the parent-child relationship. (e) (i) If a child support services agency seeks to rebut the presumption of parentage and the presumed father opposes the rebuttal, the agency's request shall be denied. (ii) Otherwise, the denial of the agency's motion seeking an order for genetic testing or a decision to disregard genetic test results shall be based on a preponderance of the evidence, taking into account the best interests of the child. (2) For the presumption outside of marriage described in Subsection 81-5-204(1)(d), the presumption may be rebutted at any time if the tribunal determines that the presumed father and the birth mother of the child neither cohabited nor engaged in sexual intercourse with each other during the probable time of conception. (3) The presumption may be rebutted by: (a) genetic test results that exclude the presumed father; (b) genetic test results that rebuttably identify another man as the father in accordance with Section 81-5-505; (c) evidence that the presumed father and the birth mother of the child neither cohabited nor engaged in sexual intercourse with each other during the probable time of conception; or (d) an adjudication under this part. (4) There is no presumption to rebut if the presumed father was properly served and there has been a final adjudication of the issue.
Utah Code § 81-15-120 — Utah Code / Title 81 / Chapter 81-15 / § 81-15-120
§ 81-15-120. Judgment on award.
Status: in_force

(1) On granting an order confirming, vacating without directing a rehearing, or amending an award under this chapter, the court shall enter judgment in conformity with the order. (2) On a motion of a party, the court shall order that a document or part of the arbitration record be sealed or redacted to prevent public disclosure of all or part of the record or award to the extent permitted under a law of this state other than this chapter.
Utah Code § 81-5-623 — Utah Code / Title 81 / Chapter 81-5 / § 81-5-623
§ 81-5-623. Binding effect of determination of parentage.
Status: in_force

(1) Except as otherwise provided in Subsection (2), a determination of parentage is binding on: (a) all signatories to a declaration or denial of paternity as provided in Part 3, Voluntary Declaration of Paternity; and (b) all parties to an adjudication by a tribunal acting under circumstances that satisfy the jurisdictional requirements of Section 81-8-201. (2) A child is not bound by a determination of parentage under this chapter unless: (a) the determination was based on an unrescinded declaration of paternity and the declaration is consistent with the results of genetic testing; (b) the adjudication of parentage was based on a finding consistent with the results of genetic testing and the consistency is declared in the determination or is otherwise shown; or (c) the child was a party or was represented in the proceeding determining parentage by a guardian ad litem. (3) In a proceeding to dissolve a marriage, the tribunal is considered to have made an adjudication of the parentage of a child if the question of parentage is raised and the tribunal adjudicates according to this part and the final order: (a) expressly identifies a child as a "child of the marriage," "issue of the marriage," or similar words indicating that the husband is the father of the child; or (b) provides for support of the child by the husband unless parentage is specifically disclaimed in the order. (4) The tribunal is not considered to have made an adjudication of the parentage of a child if the child was born at the time of entry of the order and other children are named as children of the marriage, but that child is specifically not named. (5) Once the parentage of a child has been adjudicated, an individual who was not a party to the parentage proceeding may not challenge the parentage, unless: (a) the party seeking to challenge can demonstrate a fraud upon the tribunal; (b) the challenger can demonstrate by clear and convincing evidence that the challenger did not know about the adjudicatory proceeding or did not have a reasonable opportunity to know of the proceeding; and (c) there would be harm to the child to leave the order in place. (6) A party to an adjudication of parentage may challenge the adjudication only under law of this state relating to appeal, vacation of judgments, or other judicial review. (7) A party to an adjudication may not bring a challenge under Subsection (6) if the party committed the fraud.
Utah Code § 81-8-609 — Utah Code / Title 81 / Chapter 81-8 / § 81-8-609
§ 81-8-609. Procedure to register child support order of another state for modification.
Status: in_force

(1) A party or child support services agency seeking to modify, or to modify and enforce, a child support order issued in another state shall register that order in this state in the same manner provided in Sections 81-8-601 through 81-8-608 if the order has not been registered. (2) A petition for modification may be filed at the same time as a request for registration, or later. (3) The pleading shall specify the grounds for modification.
Utah Code § 81-4-403 — Utah Code / Title 81 / Chapter 81-4 / § 81-4-403
§ 81-4-403. Mediation requirement.
Status: in_force

(1) There is established a mandatory domestic mediation program to help reduce the time and tensions associated with obtaining a divorce. (2) (a) If there are any remaining contested issues after the filing of a response to a petition for divorce, the parties shall participate in good faith in at least one session of mediation. (b) The requirement described in Subsection (2)(a) does not preclude the entry of pretrial orders before mediation takes place. (3) The parties shall use a mediator qualified to mediate domestic disputes under criteria established by the Judicial Council in accordance with Section 78B-6-205. (4) Unless otherwise ordered by the court or the parties agree upon a different payment arrangement, the cost of mediation shall be divided equally between the parties. (5) The director of dispute resolution programs for the courts, the court, or the mediator may excuse either party from the requirement to mediate for good cause. (6) A mediation described in this section shall be conducted in accordance with the Utah Rules of Court-Annexed Alternative Dispute Resolution.
Utah Code § 81-12-106 — Utah Code / Title 81 / Chapter 81-12 / § 81-12-106
§ 81-12-106. Factors to determine risk of abduction.
Status: in_force

(1) In determining whether there is a credible risk of abduction of a minor child, the court shall consider any evidence that the petitioner or respondent: (a) has previously abducted or attempted to abduct the minor child; (b) has threatened to abduct the minor child; (c) has recently engaged in activities that may indicate a planned abduction, including: (i) abandoning employment; (ii) selling a primary residence; (iii) terminating a lease; (iv) closing bank or other financial management accounts, liquidating assets, hiding or destroying financial documents, or conducting any unusual financial activities; (v) applying for a passport or visa or obtaining travel documents for the respondent, a family member, or the minor child; or (vi) seeking to obtain the minor child's birth certificate or school or medical records; (d) has engaged in domestic violence, stalking, or child abuse or neglect; (e) has refused to follow a child custody determination; (f) lacks strong familial, financial, emotional, or cultural ties to the state or the United States; (g) has strong familial, financial, emotional, or cultural ties to another state or country; (h) is likely to take the minor child to a country that: (i) is not a party to the Hague Convention on the Civil Aspects of International Child Abduction and does not provide for the extradition of an abducting parent or for the return of an abducted minor child; (ii) is a party to the Hague Convention on the Civil Aspects of International Child Abduction but: (A) the Hague Convention on the Civil Aspects of International Child Abduction is not in force between the United States and that country; (B) is noncompliant according to the most recent compliance report issued by the United States Department of State; or (C) lacks legal mechanisms for immediately and effectively enforcing a return order under the Hague Convention on the Civil Aspects of International Child Abduction; (iii) poses a risk that the minor child's physical or emotional health or safety would be endangered in the country because of specific circumstances relating to the minor child or because of human rights violations committed against a minor child; (iv) has laws or practices that would: (A) enable the respondent, without due cause, to prevent the petitioner from contacting the minor child; (B) restrict the petitioner from freely traveling to or exiting from the country because of the petitioner's gender, nationality, marital status, or religion; or (C) restrict the minor child's ability legally to leave the country after the minor child reaches the age of majority because of a minor child's gender, nationality, or religion; (v) is included by the United States Department of State on a current list of state sponsors of terrorism; (vi) does not have an official United States diplomatic presence in the country; or (vii) is engaged in active military action or war, including a civil war, to which the minor child may be exposed; (i) is undergoing a change in immigration or citizenship status that would adversely affect the respondent's ability to remain in the United States legally; (j) has had an application for United States citizenship denied; (k) has forged or presented misleading or false evidence on government forms or supporting documents to obtain or attempt to obtain a passport, a visa, travel documents, a social security card, a driver license, or other government-issued identification card or has made a misrepresentation to the United States government; (l) has used multiple names to attempt to mislead or defraud; or (m) has engaged in any other conduct the court considers relevant to the risk of abduction. (2) In the hearing on a petition under this chapter, the court shall consider any evidence that the respondent believed in good faith that the respondent's conduct was necessary to avoid imminent harm to the minor child or respondent and any other evidence that may be relevant to whether the respondent may be permitted to remove or retain the minor child.
Utah Code § 81-13-207 — Utah Code / Title 81 / Chapter 81-13 / § 81-13-207
§ 81-13-207. Notice of an adoption proceeding for a minor child.
Status: in_force

(1) A petitioner in an adoption proceeding described in Section 81-13-204, 81-13-205, or 81-13-206 shall serve a notice of the adoption proceeding on each of the following persons: (a) any person or agency whose consent or relinquishment is required under Section 81-13-212 or 81-13-213, unless that right has been terminated by: (i) waiver; (ii) relinquishment; (iii) actual or implied consent; or (iv) judicial action; (b) any person who has initiated a parentage proceeding and filed notice of that action with the office in accordance with Subsection (3); (c) any legally appointed custodian or guardian of the child adoptee; (d) the petitioner's spouse if the petitioner is married and the petitioner's spouse has not joined in the petition; (e) the child adoptee's spouse if the child adoptee is married; (f) any individual who, before the time the birth mother executes the birth mother's consent for adoption or relinquishes the child adoptee for adoption, is recorded on the birth certificate as the child adoptee's parent, with the knowledge and consent of the birth mother; (g) any individual who is: (i) openly living in the same household with the child adoptee at the time the consent is executed or relinquishment made; and (ii) holding the individual out to be the child adoptee's parent; and (h) an individual who is married to the child adoptee's birth mother at the time the birth mother executes the birth mother's consent to the adoption or relinquishes the child adoptee for adoption, unless the court finds that the mother's spouse is not the child adoptee's parent under Section 81-5-607. (2) (a) Except as provided in Subsections (2)(b) and (c), the petitioner may serve the notice described in Subsection (1) at any time after the petition for the adoption proceeding is filed. (b) The petitioner may not serve the notice described in Subsection (2)(a) on a birth mother before the birth mother has given birth to the minor child who is the subject of the petition. (c) The petitioner shall serve the notice described in Subsection (1) at least 30 days prior to the final dispositional hearing. (3) (a) An unmarried biological father, by virtue of the fact that the unmarried biological father has engaged in a sexual relationship with a woman: (i) is considered to be on notice that a pregnancy and an adoption proceeding regarding a minor child may occur; and (ii) has a duty to protect the unmarried biological father's own rights and interests. (b) An unmarried biological father is entitled to actual notice of a birth or an adoption proceeding with regard to the unmarried biological father's minor child only as provided in this section or Section 81-13-209. (c) In order to preserve any right to notice, an unmarried biological father shall, consistent with Subsection (3)(f): (i) initiate proceedings in a court with jurisdiction under Title 78A, Judiciary and Judicial Administration, to establish parentage under Chapter 5, Uniform Parentage Act; and (ii) file a notice of commencement of the proceedings described in Subsection (3)(c)(i) with the office. (d) Notwithstanding Section 81-13-102 or Title 78B, Chapter 3a, Venue for Civil Actions, an unmarried biological father may initiate an action described in Subsection (3)(c) in any county if the unmarried biological father does not know the county in which the birth mother resides. (e) The Department of Health and Human Services shall provide forms for the purpose of filing the notice described in Subsection (3)(c)(ii), and make those forms available in the office of the county health department in each county. (f) When the office receives a completed form, the office shall: (i) record the date and time the form was received; and (ii) immediately enter the information provided by the unmarried biological father in the confidential registry described in Subsection 81-13-213(4)(c). (g) (i) An unmarried biological father may file the action and notice described in Subsection (3)(c) before or after the minor child's birth. (ii) An unmarried biological father shall file the action and notice described in Subsection (3)(c) before the birth mother's: (A) execution of consent to adoption of the minor child; or (B) relinquishment of the minor child for adoption. (h) Notwithstanding Subsection (3)(b), an unmarried biological father is not entitled to notice of an adoption proceeding in a case where it is shown that the minor child was conceived as a result of conduct that constitutes a sexual offense, regardless of whether the unmarried biological father is formally charged with or convicted of the sexual offense. (4) Notice provided in accordance with this section need not disclose the name of the birth mother of the minor child who is the subject of an adoption proceeding. (5) The notice required by this section: (a) shall specifically state that the person served shall fulfill the requirements of Subsection (6)(a) within 30 days after the day on which the person receives service if the person intends to intervene in or contest the adoption; (b) shall state the consequences, described in Subsection (6)(b), for failure of a person to file a motion for relief within 30 days after the day on which the person is served with notice of an adoption proceeding; (c) is not required to include, or be accompanied by, a summons or a copy of the petition for adoption; (d) shall state where the person may obtain a copy of the petition for adoption; and (e) shall indicate the right to the appointment of counsel for a party whom the court determines is indigent and at risk of losing the party's parental rights. (6) (a) A person who has been served with notice of an adoption proceeding and who wishes to contest the adoption shall file a motion to intervene in the adoption proceeding: (i) within 30 days after the day on which the person was served with notice of the adoption proceeding; (ii) setting forth specific relief sought; and (iii) accompanied by a memorandum specifying the factual and legal grounds upon which the motion is based. (b) A person who fails to fully and strictly comply with all of the requirements described in Subsection (6)(a) within 30 days after the day on which the person was served with notice of the adoption proceeding: (i) waives any right to further notice in connection with the adoption; (ii) forfeits all rights in relation to the adoptee; and (iii) is barred from thereafter bringing or maintaining any action to assert any interest in the adoptee. (7) (a) (i) Subject to Subsection (5)(c), the petitioner shall serve a person whose consent is necessary under Section 81-13-212 or 81-13-213 in accordance with the Utah Rules of Civil Procedure. (ii) If service of a person described in Subsection (7)(a)(i) is by publication, the court shall designate the content of the notice regarding the identity of the parties. (iii) The notice described in this Subsection (7)(a) may not include the name of a person seeking to adopt the adoptee. (b) (i) Except as provided in Subsection (7)(b)(ii) to any other person for whom notice is required under this section, service by certified mail, return receipt requested, is sufficient. (ii) If the service described in Subsection (7)(b)(i) cannot be completed after two attempts, the court may issue an order providing for service by publication, posting, or by any other manner of service. (c) Notice to an individual, who has initiated a parentage proceeding and filed notice of that action with the office in accordance with the requirements of Subsection (3), shall be served by certified mail, return receipt requested, at the last address filed with the office. (8) The notice required by this section may be waived in writing by the person entitled to receive notice. (9) Proof of service of notice on all persons for whom notice is required by this section shall be filed with the court before the final dispositional hearing on the adoption. (10) Notwithstanding any other provision of law, neither the notice of an adoption proceeding nor any process in that proceeding is required to contain the name of the person or persons seeking to adopt the child adoptee. (11) Except as to those persons whose consent to an adoption is required under Section 81-13-212 or 81-13-213, the sole purpose of notice under this section is to enable the person served to: (a) intervene in the adoption; and (b) present evidence to the court relevant to the best interest of the child adoptee.
Utah Code § 81-3-108 — Utah Code / Title 81 / Chapter 81-3 / § 81-3-108
§ 81-3-108. Agency between spouses.
Status: in_force

A married individual may: (1) constitute the attorney in fact to control and dispose of the property of the individual's spouse for the mutual benefit of the individual and the individual's spouse or otherwise; and (2) revoke the appointment the same as other persons.
Utah Code § 81-2-404 — Utah Code / Title 81 / Chapter 81-2 / § 81-2-404
§ 81-2-404. Validation of a marriage to an individual subject to chronic epileptic fits who had not been sterilized.
Status: in_force

A marriage between two individuals that was not valid or legal before May 14, 1963, on the basis that a party was subject to chronic epileptic fits and had not been sterilized is considered valid and legal in this state.
Utah Code § 81-5-805 — Utah Code / Title 81 / Chapter 81-5 / § 81-5-805
§ 81-5-805. Exclusive, continuing jurisdiction.
Status: in_force

Subject to the jurisdictional standards of Section 81-11-201, the tribunal conducting a proceeding under this part has exclusive, continuing jurisdiction of all matters arising out of the gestational agreement until a child born to the gestational mother during the period governed by the agreement attains the age of 180 days.
Utah Code § 81-8-312 — Utah Code / Title 81 / Chapter 81-8 / § 81-8-312
§ 81-8-312. Nondisclosure of information in exceptional circumstances.
Status: in_force

(1) If a party alleges in an affidavit or a pleading under oath that the health, safety, or liberty of a party or child would be jeopardized by disclosure of specific identifying information, that information must be sealed and may not be disclosed to the other party or the public. (2) After a hearing in which a tribunal takes into consideration the health, safety, or liberty of the party or child, the tribunal may order disclosure of information that the tribunal determines to be in the interest of justice.
Utah Code § 81-6-107 — Utah Code / Title 81 / Chapter 81-6 / § 81-6-107
§ 81-6-107. Procedure for child support proceeding -- Documentation.
Status: in_force

(1) In any matter in which child support is ordered, the moving party shall submit: (a) a completed worksheet; (b) the financial verification required by Section 81-6-203; (c) a written statement indicating whether or not the amount of child support requested is consistent with the child support guidelines; and (d) the information required under Subsection (3). (2) (a) If the documentation of income required under Subsection (1) is not available, the moving party may submit a verified representation of the other party's income based on the best evidence available. (b) The moving party shall provide the evidence described in Subsection (2)(a) in affidavit form. (c) The moving party may only offer the evidence described in Subsection (2)(a) after a copy is provided to the other party in accordance with Utah Rules of Civil Procedure or Title 63G, Chapter 4, Administrative Procedures Act, in an administrative proceeding. (3) (a) Upon the entry of an order in a proceeding to establish paternity or to establish, modify, or enforce a child support order, each party shall: (i) file identifying information; and (ii) update that information as changes occur with the court that conducted the proceeding. (b) The required identifying information shall include the person's social security number, driver's license number, residential and mailing addresses, telephone numbers, the name, address and telephone number of employers, and any other data required by the United States Secretary of Health and Human Services. (c) An attorney representing the office in child support services cases is not required to file the identifying information required by Subsection (3)(b).
Utah Code § 81-11-103 — Utah Code / Title 81 / Chapter 81-11 / § 81-11-103
§ 81-11-103. Application to Indian tribes.
Status: in_force

(1) A child custody proceeding that pertains to an Indian child as defined in the Indian Child Welfare Act, 25 U.S.C. 1901 et seq., is not subject to this chapter to the extent that it is governed by the Indian Child Welfare Act. (2) A court of this state shall treat a tribe as a state of the United States for purposes of Part 1, General Provisions, and Part 2, Jurisdiction. (3) A child custody determination made by a tribe under factual circumstances in substantial conformity with the jurisdictional standards of this chapter shall be recognized and enforced under the provisions of Part 3, Enforcement.
Utah Code § 81-4-405 — Utah Code / Title 81 / Chapter 81-4 / § 81-4-405
§ 81-4-405. Grounds for divorce.
Status: in_force

(1) A court may order the dissolution of a marriage contract between the petitioner and the respondent on the grounds of: (a) impotency of the respondent at the time of marriage; (b) adultery committed by the respondent subsequent to marriage; (c) willful desertion of the petitioner by the respondent for more than one year; (d) willful neglect of the respondent to provide for the petitioner the common necessaries of life; (e) habitual drunkenness of the respondent; (f) conviction of the respondent for a felony; (g) cruel treatment of the petitioner by the respondent to the extent of causing bodily injury or great mental distress to the petitioner; (h) irreconcilable differences of the marriage; (i) incurable insanity; or (j) when the petitioner and respondent have lived separately under a decree of separate maintenance of any state for three consecutive years without cohabitation. (2) A decree of divorce granted under Subsection (1)(j) does not affect the liability of either party under any provision for separate maintenance previously granted. (3) (a) A court may not order the dissolution of a marriage contract between the petitioner and the respondent on the grounds of insanity unless: (i) the respondent has been adjudged insane by the appropriate authorities of this or another state prior to the commencement of the action; and (ii) the court finds by the testimony of competent witnesses that the insanity of the respondent is incurable. (b) The court shall appoint for the respondent a guardian ad litem who shall protect the interests of the respondent. (c) A copy of the summons and petition shall be served on: (i) the respondent in person or by publication, as provided by the laws of this state in other actions for divorce, or upon the respondent's guardian ad litem; and (ii) the county attorney for the county where the action is prosecuted. (d) The county attorney shall: (i) investigate the merits of the case; (ii) if the respondent resides out of this state, take depositions as necessary; (iii) attend the proceedings; and (iv) make a defense as is just to protect the rights of the respondent and the interests of the state. (e) The petitioner or respondent may: (i) if the respondent resides in this state, upon notice, have the respondent brought into the court at trial; or (ii) have an examination of the respondent by two or more competent physicians to determine the mental condition of the respondent. (f) For the purpose described in Subsection (3)(e), a party may have leave from the court to enter any asylum or institution where the respondent may be confined. (g) The court shall apportion the costs of court in this action.
Utah Code § 81-6-204 — Utah Code / Title 81 / Chapter 81-6 / § 81-6-204
§ 81-6-204. General provisions for calculating child support -- Determination of base combined child support obligation.
Status: in_force

(1) To calculate child support, the court or administrative agency shall determine the base combined child support obligation for the parents by: (a) except as provided in Subsection (3), adjusting the average monthly gross income for each parent by subtracting any alimony previously ordered and paid and any child support previously ordered for that parent; (b) adjusting the average monthly gross income for each parent by subtracting any credits deemed appropriate under Subsections 81-6-202(7) and (8); (c) combining the adjusted average monthly gross incomes for both parents; and (d) locating the base combined child support obligation in the base combined child support obligation table by finding: (i) the combined adjusted average monthly gross incomes of the parents in the table; and (ii) the total number of children in common to the parents. (2) The court or administrative agency may only use the income of the parents of the child to determine the base child support award. (3) The court or administrative agency may not subtract any alimony ordered in the pending proceeding from the gross incomes of the parents as described in Subsection (1)(a). (4) If there is no amount listed for the base combined child support obligation in the base combined child support obligation table, the base combined support obligation for the parents is $0. (5) Upon determining the base combined child support obligation, the court or administrative agency shall make additional calculations as described in Section 81-6-205, 81-6-206, or 81-6-207 to determine the base child support award. (6) (a) Except as provided in Subsection (6)(b), the court may consider any amount that an incapacitated adult child can contribute to the child's support and use the amount to justify a reduction in the amount of support ordered. (b) If the case described in Subsection (6)(a) involves more than one child, the reduction may not be greater than the effect of reducing the total number of children by one. (7) (a) The base combined child support obligation table provides combined child support obligations for up to six children. (b) If a case involves more than six children, the court may add additional amounts to the base child support obligation shown in the base combined child support obligation table. (c) Unless rebutted by Subsection 81-6-202(3), the court or administrative agency may not order an amount less than the amount that would be ordered for up to six children. (8) (a) If the combined adjusted gross income exceeds the highest level specified in the base combined child support obligation table, the court shall order an appropriate and just amount of child support on a case-by-case basis, except that the court may not order an amount that is less than the highest level specified in the table for the number of children due child support. (b) There is no maximum limit on the base child support award that a court may order using the child support tables. (9) The amount shown in a child support table is the child support amount for the total number of children not an amount per child. (10) For all worksheets, income and child support award figures are rounded to the nearest dollar.
Utah Code § 81-5-307 — Utah Code / Title 81 / Chapter 81-5 / § 81-5-307
§ 81-5-307. Challenge after expiration of period for rescission.
Status: in_force

(1) After the period for rescission under Section 81-5-306 has expired, a signatory of a declaration of paternity or denial of paternity or a child support services agency, may commence a proceeding to challenge the declaration or denial only on the basis of fraud, duress, or material mistake of fact. (2) A party challenging a declaration of paternity or denial of paternity has the burden of proof. (3) A challenge brought on the basis of fraud or duress may be commenced at any time. (4) (a) A challenge brought on the basis of a material mistake of fact may be commenced within four years after the declaration is filed with the Office of Vital Records and Statistics. (b) For the purposes of this Subsection (4), if the declaration of paternity was filed with the Office of Vital Records and Statistics before May 1, 2005, a challenge may be brought within four years after May 1, 2005. (5) For purposes of Subsection (4), genetic test results that exclude a declarant father or that rebuttably identify another man as the father in accordance with Section 81-5-505 constitute a material mistake of fact.
Utah Code § 81-8-702 — Utah Code / Title 81 / Chapter 81-8 / § 81-8-702
§ 81-8-702. Applicability.
Status: in_force

(1) This part applies only to a support proceeding under the convention. (2) In such a proceeding, if a provision of this part is inconsistent with Part 1, General Provisions, Part 2, Jurisdiction, Part 3, Civil Provisions of General Application, Part 4, Establishment of Support Order or Determination of Parentage, Part 5, Enforcement of Support Order Without Registration, and Part 6, Registration, Enforcement, and Modification of Support Order, this part controls.
Utah Code § 81-8-610 — Utah Code / Title 81 / Chapter 81-8 / § 81-8-610
§ 81-8-610. Effect of registration for modification.
Status: in_force

A tribunal of this state may enforce a child support order of another state registered for purposes of modification, in the same manner as if the order had been issued by a tribunal of this state, but the registered support order may be modified only if the requirements of Section 81-8-611 or 81-8-613 have been met.
Utah Code § 81-10-204 — Utah Code / Title 81 / Chapter 81-10 / § 81-10-204
§ 81-10-204. Power of attorney.
Status: in_force

(1) A deploying parent, by power of attorney, may delegate all or part of custodial responsibility to an adult nonparent for the period of deployment if no other parent possesses custodial responsibility under the law of this state other than this chapter or if a court order currently in effect prohibits contact between the child and the other parent. (2) The deploying parent may revoke the power of attorney by signing a revocation of the power.
Utah Code § 81-13-304 — Utah Code / Title 81 / Chapter 81-13 / § 81-13-304
§ 81-13-304. Necessary consent to adoption of an adult -- Persons who may take consents.
Status: in_force

(1) The following persons are required to consent to an adoption of an adult adoptee before the adoption is granted: (a) the adult adoptee; (b) any individual who is adopting the adult adoptee; (c) the spouse of the individual adopting the adult adoptee if the individual is married; and (d) any legally appointed guardian or custodian of the adult adoptee. (2) An adult adoptee shall sign a consent before: (a) the court with jurisdiction over the adoption proceeding; or (b) a person appointed by the court to take the consent. (3) If the consent of the adult adoptee is taken out of state, the adult adoptee shall sign the consent before: (a) a person authorized or appointed to take a consent by a court of this state that has jurisdiction over adoption proceedings; (b) a court that has jurisdiction over adoption proceedings in the state where the consent is taken; or (c) a person authorized, under the laws of the state where the consent is taken, to take a consent of the adult adoptee. (4) A person other than the adult adoptee may sign the consent before a notary or any person authorized to take the consent as described in Subsection (2) or (3). (5) A person authorized by Subsection (2) or (3) to take a consent shall certify to the best of the person's information and belief that the person executing the consent has read and understands the consent and has signed the consent freely and voluntarily. (6) A person executing a consent is entitled to receive a copy of the consent. (7) A signature described in Subsection (2)(b) or (3)(a), shall be: (a) notarized; or (b) witnessed by two individuals who are not members of the adult adoptee's immediate family.
Utah Code § 81-5-609 — Utah Code / Title 81 / Chapter 81-5 / § 81-5-609
§ 81-5-609. Limitation -- Child having declarant father.
Status: in_force

(1) If a child has a declarant father, a signatory to the declaration of paternity or denial of paternity or a child support services agency may commence a proceeding seeking to rescind the declaration or denial or challenge the parentage of the child only within the time allowed under Section 81-5-306 or 81-5-307. (2) A proceeding under this section is subject to the application of the principles of estoppel established in Section 81-5-608.
Utah Code § 81-11-310 — Utah Code / Title 81 / Chapter 81-11 / § 81-11-310
§ 81-11-310. Hearing and order.
Status: in_force

(1) Unless the court enters a temporary emergency order in accordance with Section 81-11-204, upon a finding that a petitioner is entitled to the physical custody of the minor child immediately, the court shall order the minor child delivered to the petitioner unless the respondent establishes that: (a) the child custody determination has not been registered and confirmed under Section 81-11-305, and that: (i) the issuing court did not have jurisdiction under Part 2, Jurisdiction; (ii) the child custody determination for which enforcement is sought has been vacated, stayed, or modified by a court of a state having jurisdiction to do so under Part 2, Jurisdiction, or federal law; or (iii) the respondent was entitled to notice, but notice was not given in accordance with the standards of Section 81-11-107 in the proceedings before the court that issued the order for which enforcement is sought; or (b) the child custody determination for which enforcement is sought was registered and confirmed under Section 81-11-305, but has been vacated, stayed, or modified by a court of a state having jurisdiction to do so under Part 2, Jurisdiction, or federal law. (2) The court shall award the fees, costs, and expenses authorized under Section 81-11-312 and may grant additional relief, including a request for the assistance of law enforcement officials, and set a further hearing to determine whether additional relief is appropriate. (3) If a party called to testify refuses to answer on the ground that the testimony may be self-incriminating, the court may draw an adverse inference from the refusal. (4) A privilege against disclosure of communications between spouses and a defense of immunity based on the relationship of husband and wife or parent and minor child may not be invoked in a proceeding under this chapter.
Utah Code § 81-4-505 — Utah Code / Title 81 / Chapter 81-4 / § 81-4-505
§ 81-4-505. Termination of alimony.
Status: in_force

(1) (a) Except as provided in Subsection (1)(b), or unless a decree of divorce specifically provides otherwise, any order of the court that a payor pay alimony to a payee automatically terminates upon the remarriage or death of that payee. (b) If the remarriage of the payee is annulled and found to be void ab initio, the payment of alimony shall resume if the payor is made a party to the action of annulment and the payor's rights are determined. (2) (a) If a payor establishes that a payee cohabits with another individual during the pendency of the divorce action or after the court enters a divorce decree, the court: (i) may not order the payor to pay alimony, including temporary alimony, to the payee; and (ii) shall terminate any order that the payor pay alimony, including temporary alimony, to the payee, even if the payee is not cohabiting with the individual when the payor files the motion to terminate alimony. (b) A payor may not seek termination of alimony under Subsection (2)(a)(ii) later than one year after the day on which the payor knew or should have known that the payee has cohabited with another individual.
Utah Code § 81-5-410 — Utah Code / Title 81 / Chapter 81-5 / § 81-5-410
§ 81-5-410. Admissibility of information.
Status: in_force

A certificate of search of the registry of parentage in this or another state is admissible in a proceeding for adoption of a child and, if relevant, in other legal proceedings.
Utah Code § 81-2-305 — Utah Code / Title 81 / Chapter 81-2 / § 81-2-305
§ 81-2-305. Who may solemnize marriages -- Certificate.
Status: in_force

(1) The following individuals may solemnize a marriage: (a) an individual 18 years old or older who is authorized by a religious denomination to solemnize a marriage; (b) a Native American spiritual advisor; (c) the governor; (d) the lieutenant governor; (e) the state attorney general; (f) the state treasurer; (g) the state auditor; (h) a mayor of a municipality or county executive; (i) a justice, judge, or commissioner of a court of record; (j) a judge of a court not of record of the state; (k) a judge or magistrate of the United States; (l) the county clerk of any county in the state or the county clerk's designee as authorized by Section 17-70-302; (m) a senator or representative of the Utah Legislature; (n) a member of the state's congressional delegation; (o) a judge or magistrate who holds office in Utah when retired, under rules set by the Supreme Court; or (p) a military chaplain. (2) An individual authorized under Subsection (1) who solemnizes a marriage shall give to the couple married a certificate of marriage that shows the: (a) name of the county from which the license is issued; and (b) date of the license's issuance. (3) Except for an individual described in Subsection (1)(l), an individual described in Subsection (1) has discretion to solemnize a marriage. (4) Except as provided in Section 17-70-302 and Subsection (1)(l), and notwithstanding any other provision in law, no individual authorized under Subsection (1) to solemnize a marriage may delegate or deputize another individual to perform the function of solemnizing a marriage. (5) (a) Within 30 days after the day on which a marriage is solemnized, the individual solemnizing the marriage shall return the marriage license to the county clerk that issued the marriage license with a certificate of the marriage over the individual's signature stating the date and place of solemnization and the names of two or more witnesses present at the marriage. (b) An individual described in Subsection (5)(a) who fails to return the license is guilty of an infraction. (c) An individual described in Subsection (5)(a) who knowingly or intentionally makes a false statement on a certificate of marriage is guilty of perjury and may be prosecuted and punished as provided in Title 76, Chapter 8, Part 5, Falsification in Official Matters. (6) (a) An individual is guilty of a third degree felony if the individual knowingly: (i) solemnizes a marriage without a valid marriage license; or (ii) solemnizes a marriage in violation of this section. (b) An individual is guilty of a class A misdemeanor if the individual knowingly, with or without a marriage license, solemnizes a marriage between two individuals who are 18 years old or older that is prohibited by law.
Utah Code § 81-3-110 — Utah Code / Title 81 / Chapter 81-3 / § 81-3-110
§ 81-3-110. Homestead rights -- Custody of a minor child.
Status: in_force

(1) A married individual may not remove the individual's spouse or minor child from the homestead without the consent of the individual's spouse, unless the owner of the property shall in good faith provide another homestead suitable to the condition in life of the family. (2) If a married individual abandons the individual's spouse, the individual's spouse is entitled to the custody of a minor child, unless a court with jurisdiction orders otherwise.
Utah Code § 81-6-304 — Utah Code / Title 81 / Chapter 81-6 / § 81-6-304
§ 81-6-304. Base combined child support obligation table -- Both parents -- Child support orders entered on or after January 1, 2023.
Status: in_force

The following table is used to: (1) establish a child support order entered for the first time on or after January 1, 2023; (2) modify a child support order entered for the first time on or after January 1, 2023; (3) modify a temporary judicial child support order established on or before December 31, 2022, if the new order is entered on or after January 1, 2023; or (4) modify a final child support order entered on or before December 31, 2022, if the modification is made on or after January 1, 2025.Combined Monthly Adjusted Gross IncomeNumber of Children123456FromTo1,951 -2,0003662,001 -2,1003852,101 -2,2003992,201 -2,300410 6287282,301 -2,400420 652756 8439272,401 -2,500431 676784 8749611,0462,501 -2,600443 700811 9049951,0822,601 -2,700453 723838 9341,0281,1182,701 -2,800464 747865 9641,0601,1542,801 -2,900475 770891 9941,0931,1892,901 -3,000485 7949181,0241,1261,2253,001 -3,100496 8179451,0541,1591,2613,101 -3,200508 8389701,0811,1891,2943,201 -3,300518 8599941,1081,2191,3263,301 -3,400529 881 1,0181,1351,2481,3583,401 -3,500539 902 1,0421,1621,2781,3913,501 -3,600548 923 1,0661,1891,3081,4233,601 -3,700555 944 1,0901,2161,3371,4553,701 -3,800564 965 1,1151,2431,3671,4873,801 -3,900573 985 1,1381,2691,3961,5193,901 -4,0005811,004 1,1601,2941,4231,5484,001 -4,1005901,024 1,1821,3181,4501,5774,101 -4,2005991,043 1,2041,3421,4771,6074,201 -4,3006081,062 1,2261,3671,5031,6364,301 -4,4006161,081 1,2481,3911,5301,6654,401 -4,5006241,101 1,2701,4161,5571,6944,501 -4,6006331,119 1,2911,4391,5831,7224,601 -4,7006411,133 1,3061,4561,6011,7424,701 -4,8006501,147 1,3211,4731,6201,7624,801 -4,9006591,161 1,3361,4891,6381,7834,901 -5,0006681,175 1,3511,5061,6571,8035,001 -5,1006761,189 1,3661,5231,6751,8235,101 -5,2006841,203 1,3811,5401,6941,8435,201 -5,3006931,217 1,3961,5571,7121,8635,301 -5,4007011,227 1,4081,5701,7261,8785,401 -5,5007101,238 1,4191,5821,7411,8945,501 -5,6007191,248 1,4311,5951,7551,9095,601 -5,7007281,259 1,4421,6081,7691,9255,701 -5,8007331,269 1,4541,6211,7831,9405,801 -5,9007391,280 1,4651,6341,7971,9565,901 -6,0007451,290 1,4771,6471,8121,9716,001 -6,1007511,302 1,4901,6611,8271,9886,101 -6,2007561,313 1,5031,6761,8432,0056,201 -6,3007631,325 1,5161,6901,8592,0236,301 -6,4007691,336 1,5281,7041,8742,0396,401 -6,5007751,347 1,5401,7171,8892,0556,501 -6,6007801,358 1,5531,7311,9042,0726,601 -6,7007861,369 1,5651,7451,9192,0886,701 -6,8007861,380 1,5771,7591,9342,1056,801 -6,9008411,391 1,5901,7721,9502,1216,901 -7,0008501,402 1,6021,7861,9652,1387,001 -7,1008591,413 1,6141,8001,9802,1547,101 -7,2008681,417 1,6181,8041,9852,1597,201 -7,3008761,420 1,6211,8071,9882,1637,301 -7,4008831,423 1,6241,8111,9922,1677,401 -7,5008881,426 1,6271,8141,9962,1717,501 -7,6008941,429 1,6301,8181,9992,1757,601 -7,7008991,432 1,6331,8212,0032,1797,701 -7,8009041,436 1,6361,8242,0072,1847,801 -7,9009101,439 1,6391,8282,0112,1887,901 -8,0009151,442 1,6421,8312,0142,1928,001 -8,1009211,445 1,6461,8352,0182,1968,101 -8,2009261,448 1,6491,8382,0222,2008,201 -8,3009331,451 1,6521,8422,0262,2048,301 -8,4009381,454 1,6551,8452,0292,2088,401 -8,5009441,460 1,6611,8522,0372,2168,501 -8,6009491,475 1,6781,8712,0582,2408,601 -8,7009541,491 1,6961,8912,0802,2638,701 -8,8009601,506 1,7141,9112,1022,2878,801 -8,9009651,522 1,7321,9312,1242,3118,901 -9,0009711,537 1,7491,9512,1462,3349,001 -9,1009761,553 1,7671,9702,1672,3589,101 -9,2009831,568 1,7851,9902,1892,3829,201 -9,3009881,584 1,8032,0102,2112,4059,301 -9,4009941,599 1,8202,0302,2332,4299,401 -9,5009991,614 1,8382,0492,2542,4539,501 -9,6001,0041,630 1,8562,0692,2762,4779,601 -9,7001,0101,645 1,8742,0892,2982,5009,701 -9,8001,0151,661 1,8912,1092,3202,5249,801 -9,9001,0211,673 1,9052,1242,3362,5429,901 - 10,0001,0261,683 1,9172,1372,3512,55710,001 - 10,1001,0331,694 1,9282,1502,3652,57310,101 - 10,2001,0391,704 1,9402,1632,3792,58910,201 - 10,3001,0451,715 1,9512,1762,3942,60410,301 - 10,4001,0511,725 1,9632,1892,4082,62010,401 - 10,5001,0581,736 1,9752,2022,4222,63510,501 - 10,6001,0641,746 1,9862,2152,4362,65110,601 - 10,7001,0701,757 1,9982,2282,4512,66610,701 - 10,8001,0771,767 2,0102,2412,4652,68210,801 - 10,9001,0831,778 2,0212,2542,4792,69710,901 - 11,0001,0901,788 2,0332,2672,4942,71311,001 - 11,1001,0961,799 2,0452,2802,5082,72911,101 - 11,2001,1031,809 2,0562,2932,5222,74411,201 - 11,3001,1091,820 2,0682,3062,5372,76011,301 - 11,4001,1161,830 2,0802,3192,5512,77511,401 - 11,5001,1231,841 2,0912,3322,5652,79111,501 - 11,6001,1291,851 2,1032,3452,5792,80611,601 - 11,7001,1361,862 2,1152,3582,5942,82211,701 - 11,8001,1431,872 2,1262,3712,6082,83811,801 - 11,9001,1501,882 2,1382,3832,6222,85211,901 - 12,0001,1571,892 2,1482,3952,6352,86712,001 - 12,1001,1641,901 2,1592,4072,6482,88112,101 - 12,2001,1711,910 2,1702,4192,6612,89512,201 - 12,3001,1781,919 2,1802,4312,6742,91012,301 - 12,4001,1851,929 2,1912,4432,6872,92412,401 - 12,5001,1921,938 2,2022,4552,7002,93812,501 - 12,6001,1991,947 2,2122,4672,7142,95212,601 - 12,7001,2061,956 2,2232,4792,7272,96712,701 - 12,8001,2131,966 2,2342,4912,7402,98112,801 - 12,9001,2201,975 2,2452,5032,7532,99512,901 - 13,0001,2271,984 2,2552,5142,7663,00913,001 - 13,1001,2331,993 2,2652,5252,7783,02213,101 - 13,2001,2392,001 2,2752,5362,7903,03513,201 - 13,3001,2452,010 2,2852,5472,8023,04913,301 - 13,4001,2502,018 2,2942,5582,8143,06213,401 - 13,5001,2562,027 2,3042,5692,8263,07513,501 - 13,6001,2622,035 2,3142,5802,8383,08813,601 - 13,7001,2672,044 2,3242,5912,8503,10113,701 - 13,8001,2732,052 2,3342,6022,8623,11413,801 - 13,9001,2792,061 2,3442,6132,8753,12713,901 - 14,0001,2842,069 2,3542,6242,8873,14114,001 - 14,1001,2902,078 2,3632,6352,8993,15414,101 - 14,2001,2962,087 2,3732,6462,9113,16714,201 - 14,3001,3012,095 2,3832,6572,9233,18014,301 - 14,4001,3062,104 2,3932,6682,9353,19314,401 - 14,5001,3122,112 2,4032,6792,9473,20614,501 - 14,6001,3172,121 2,4132,6902,9593,22014,601 - 14,7001,3232,129 2,4232,7012,9713,23314,701 - 14,8001,3292,138 2,4322,7122,9833,24614,801 - 14,9001,3342,146 2,4422,7232,9953,25914,901 - 15,0001,3402,155 2,4522,7343,0083,27215,001 - 15,1001,3452,163 2,4612,7443,0183,28415,101 - 15,2001,3512,170 2,4692,7523,0283,29415,201 - 15,3001,3572,177 2,4762,7613,0373,30415,301 - 15,4001,3622,184 2,4842,7693,0463,31415,401 - 15,5001,3682,191 2,4912,7783,0563,32515,501 - 15,6001,3732,198 2,4992,7863,0653,33515,601 - 15,7001,3792,205 2,5072,7953,0743,34515,701 - 15,8001,3842,211 2,5142,8033,0843,35515,801 - 15,9001,3902,218 2,5222,8123,0933,36515,901 - 16,0001,3952,225 2,5292,8203,1023,37516,001 - 16,1001,4012,232 2,5372,8293,1123,38516,101 - 16,2001,4072,239 2,5452,8373,1213,39616,201 - 16,3001,4122,246 2,5522,8463,1303,40616,301 - 16,4001,4182,253 2,5602,8543,1403,41616,401 - 16,5001,4232,260 2,5672,8633,1493,42616,501 - 16,6001,4292,267 2,5752,8713,1583,43616,601 - 16,7001,4342,274 2,5832,8803,1683,44616,701 - 16,8001,4402,281 2,5902,8883,1773,45716,801 - 16,9001,4452,288 2,5982,8973,1863,46716,901 - 17,0001,4512,295 2,6052,9053,1963,47717,001 - 17,1001,4562,302 2,6132,9143,2053,48717,101 - 17,2001,4622,309 2,6212,9223,2143,49717,201 - 17,3001,4672,316 2,6282,9313,2243,50717,301 - 17,4001,4732,323 2,6362,9393,2333,51717,401 - 17,5001,4782,330 2,6432,9473,2423,52817,501 - 17,6001,4832,337 2,6512,9563,2523,53817,601 - 17,7001,4892,344 2,6592,9643,2613,54817,701 - 17,8001,4942,351 2,6662,9733,2703,55817,801 - 17,9001,4992,358 2,6742,9813,2803,56817,901 - 18,0001,5052,365 2,6822,9903,2893,57818,001 - 18,1001,5102,372 2,6892,9983,2983,58818,101 - 18,2001,5162,379 2,6973,0073,3083,59918,201 - 18,3001,5202,386 2,7043,0153,3173,60918,301 - 18,4001,5252,392 2,7123,0243,3263,61918,401 - 18,5001,5302,399 2,7203,0323,3363,62918,501 - 18,6001,5352,406 2,7273,0413,3453,63918,601 - 18,7001,5402,413 2,7353,0493,3543,64918,701 - 18,8001,5452,420 2,7423,0583,3643,65918,801 - 18,9001,5502,427 2,7503,0663,3733,67018,901 - 19,0001,5552,434 2,7583,0753,3823,68019,001 - 19,1001,5602,441 2,7653,0833,3913,69019,101 - 19,2001,5652,448 2,7733,0923,4013,70019,201 - 19,3001,5702,455 2,7803,1003,4103,71019,301 - 19,4001,5752,462 2,7883,1093,4193,72019,401 - 19,5001,5802,469 2,7963,1173,4293,73119,501 - 19,6001,5852,476 2,8033,1263,4383,74119,601 - 19,7001,5902,483 2,8113,1343,4473,75119,701 - 19,8001,5952,490 2,8183,1433,4573,76119,801 - 19,9001,6002,497 2,8263,1513,4663,77119,901 - 20,0001,6052,504 2,8343,1593,4753,78120,001 - 22,000 1,7662,754 3,1173,4753,8224,15922,001 - 24,000 1,9263,005 3,4013,7914,1704,53724,001 - 26,000 2,0873,255 3,6844,1074,5184,91526,001 - 28,000 2,2473,506 3,9684,4234,8655,29328,001 - 30,000 2,4083,756 4,2514,7395,2135,67230,001 - 32,000 2,5083,916 4,4514,9795,4735,95232,001 - 34,000 2,6084,076 4,6515,2195,7336,23234,001 - 36,000 2,7084,236 4,8515,4595,9936,51236,001 - 38,000 2,8084,396 5,0515,6996,2536,79238,001 - 40,000 2,9084,556 5,2515,9396,5137,07240,001 - 42,000 3,0084,716 5,4516,1796,7737,35242,001 - 44,000 3,1084,876 5,6516,4197,0337,63244,001 - 46,000 3,2085,036 5,8516,6597,2937,91246,001 - 48,000 3,3085,196 6,0516,8997,5538,19248,001 - 50,000 3,4085,356 6,2517,1397,8138,47250,001 - 52,000 3,5085,476 6,3917,2997,9938,67252,001 - 54,000 3,6085,596 6,5317,4598,1738,87254,001 - 56,000 3,7085,716 6,6717,6198,3539,07256,001 - 58,000 3,8085,836 6,8117,7798,5339,27258,001 - 60,000 3,9085,956 6,9517,9398,7139,47260,001 - 62,000 4,0086,076 7,0918,0998,8939,67262,001 - 64,000 4,1086,196 7,2318,2599,0739,87264,001 - 66,000 4,2086,316 7,3718,4199,25310,07266,001 - 68,000 4,3086,436 7,5118,5799,43310,27268,001 - 70,000 4,4086,556 7,6518,7399,61310,47270,001 - 72,000 4,5086,676 7,7918,8999,79310,67272,001 - 74,000 4,6086,796 7,9319,0599,97310,87274,001 - 76,000 4,7086,916 8,0719,219 10,15311,07276,001 - 78,000 4,8087,036 8,2119,379 10,33311,27278,001 - 80,000 4,9087,156 8,3519,539 10,51311,47280,001 - 82,000 5,0087,276 8,4919,699 10,69311,67282,001 - 84,000 5,1087,396 8,6319,859 10,87311,87284,001 - 86,000 5,2087,516 8,77110,019 11,05312,07286,001 - 88,000 5,3087,636 8,91110,179 11,23312,27288,001 - 90,000 5,4087,756 9,05110,339 11,41312,47290,001 - 92,000 5,5087,876 9,19110,499 11,59312,67292,001 - 94,000 5,6087,996 9,33110,659 11,77312,87294,001 - 96,000 5,7088,116 9,47110,819 11,95313,07296,001 - 98,000 5,8088,236 9,61110,979 12,13313,27298,001 - 100,000 5,9088,356 9,75111,139 12,31313,472
Utah Code § 81-5-303 — Utah Code / Title 81 / Chapter 81-5 / § 81-5-303
§ 81-5-303. Denial of paternity.
Status: in_force

(1) A presumed or declarant father may sign a denial of the presumed or declarant father's paternity. (2) The denial is valid only if: (a) a declaration of paternity signed, or otherwise authenticated, by another man is filed in accordance with Section 81-5-305; (b) the denial is in a form prescribed by and filed with the Office of Vital Records and Statistics and is signed, or otherwise authenticated, under penalty of perjury; and (c) the presumed or declarant father has not previously: (i) declared the presumed or declarant father's paternity, unless the previous declaration has been rescinded in accordance with Section 81-5-306 or successfully challenged in accordance with Section 81-5-307; or (ii) been adjudicated to be the father of the child.
Utah Code § 81-9-204 — Utah Code / Title 81 / Chapter 81-9 / § 81-9-204
§ 81-9-204. Custody and parent-time of a minor child -- Custody factors  -- Preferences.
Status: in_force

(1) In a proceeding between parents in which the custody and parent-time of a minor child is at issue, the court shall consider the best interests of the minor child in determining any form of custody and parent-time. (2) The court shall determine whether an order for custody or parent-time is in the best interests of the minor child by a preponderance of the evidence. (3) In determining any form of custody and parent-time under Subsection (1), the court shall consider: (a) for each parent, and in accordance with Section 81-9-104, evidence of domestic violence, physical abuse, or sexual abuse involving the minor child, the parent, or a household member of the parent; (b) whether the parent has intentionally exposed the minor child to: (i) pornography; or (ii) material harmful to minors, as "material" and "harmful to minors" are defined in Section 76-5c-101; and (c) whether custody and parent-time would endanger the minor child's health or physical or psychological safety. (4) In determining the form of custody and parent-time that is in the best interests of the minor child, the court may consider, among other factors the court finds relevant, the following for each parent: (a) evidence of coercive control; (b) evidence of psychological maltreatment; (c) the parent's demonstrated understanding of, responsiveness to, and ability to meet the developmental needs of the minor child, including the minor child's: (i) physical needs; (ii) emotional needs; (iii) educational needs; (iv) medical needs; and (v) any special needs; (d) the parent's capacity and willingness to function as a parent, including: (i) parenting skills; (ii) co-parenting skills, including: (A) ability to appropriately communicate with the other parent; (B) ability to encourage the sharing of love and affection; and (C) willingness to allow frequent and continuous contact between the minor child and the other parent, except that, if the court determines that the parent is acting to protect the minor child from domestic violence, neglect, or abuse, the parent's protective actions may be taken into consideration; and (iii) ability to provide personal care rather than surrogate care; (e) the past conduct and demonstrated moral character of the parent as described in Subsection (9); (f) the emotional stability of the parent; (g) the parent's inability to function as a parent because of drug abuse, excessive drinking, or other causes; (h) the parent's reason for having relinquished custody or parent-time in the past; (i) duration and depth of desire for custody or parent-time; (j) the parent's religious compatibility with the minor child; (k) the parent's financial responsibility; (l) the child's interaction and relationship with step-parents, extended family members, or other individuals who may significantly affect the minor child's best interests; (m) who has been the primary caretaker of the minor child; (n) previous parenting arrangements in which the minor child has been happy and well-adjusted in the home, school, and community; (o) the relative benefit of keeping siblings together; (p) the stated wishes and concerns of the minor child, taking into consideration the minor child's cognitive ability and emotional maturity; (q) the relative strength of the minor child's bond with the parent, meaning the depth, quality, and nature of the relationship between the parent and the minor child; and (r) any other factor the court finds relevant. (5) (a) A minor child may not be required by either party to testify unless the trier of fact determines that extenuating circumstances exist that would necessitate the testimony of the minor child be heard and there is no other reasonable method to present the minor child's testimony. (b) (i) The court may inquire and take into consideration the minor child's desires regarding future custody or parent-time schedules, but the expressed desires are not controlling and the court may determine the minor child's custody or parent-time otherwise. (ii) The desires of a minor child who is 14 years old or older shall be given added weight, but is not the single controlling factor. (c) (i) If an interview with a minor child is conducted by the court in accordance with Subsection (5)(b), the interview shall be conducted by the court in camera. (ii) The prior consent of the parties may be obtained but is not necessary if the court finds that an interview with a minor child is the only method to ascertain the minor child's desires regarding custody. (6) (a) Except as provided in Subsection (6)(b), a court may not discriminate against a parent due to a disability, as defined in Section 57-21-2, in awarding custody or determining whether a substantial change has occurred for the purpose of modifying an award of custody. (b) The court may not consider the disability of a parent as a factor in awarding custody or modifying an award of custody based on a determination of a substantial change in circumstances, unless the court makes specific findings that: (i) the disability significantly or substantially inhibits the parent's ability to provide for the physical and emotional needs of the minor child at issue; and (ii) the parent with a disability lacks sufficient human, monetary, or other resources available to supplement the parent's ability to provide for the physical and emotional needs of the minor child at issue. (c) Nothing in this section may be construed to apply to adoption proceedings under Chapter 13, Adoption. (7) This section does not establish: (a) a preference for either parent solely because of the gender of the parent; or (b) a preference for or against joint physical custody or sole physical custody, but allows the court and the family the widest discretion to choose a parenting plan that is in the best interest of the minor child. (8) When an issue before the court involves custodial responsibility in the event of a deployment of a parent who is a service member and the service member has not yet been notified of deployment, the court shall resolve the issue based on the standards in Sections 81-10-306 through 81-10-309. (9) In considering the past conduct and demonstrated moral standards of each party under Subsection (4)(e) or any other factor a court finds relevant, the court may not: (a) (i) consider or treat a parent's lawful possession or use of cannabis in a medicinal dosage form, a cannabis product in a medicinal dosage form, or a medical cannabis device, in accordance with Title 4, Chapter 41a, Cannabis Production Establishments and Pharmacies, Title 26B, Chapter 4, Part 2, Cannabinoid Research and Medical Cannabis, or Subsection 58-37-404(2) or (3) any differently than the court would consider or treat the lawful possession or use of any prescribed controlled substance; or (ii) discriminate against a parent because of the parent's status as a: (A) cannabis production establishment agent, as that term is defined in Section 4-41a-102; (B) medical cannabis pharmacy agent, as that term is defined in Section 26B-4-201; (C) medical cannabis courier agent, as that term is defined in Section 4-41a-102; or (D) medical cannabis cardholder in accordance with Title 26B, Chapter 4, Part 2, Cannabinoid Research and Medical Cannabis; or (b) discriminate against a parent based upon the parent's agreement or disagreement with a minor child of the couple's: (i) assertion that the minor child's gender identity is different from the minor child's biological sex; (ii) practice of having or expressing a different gender identity than the minor child's biological sex; or (iii) sexual orientation. (10) (a) The court shall consider evidence of domestic violence if evidence of domestic violence is presented. (b) The court shall consider as primary, the safety and well-being of the minor child and the parent who experiences domestic violence. (c) A court shall consider an order issued by a court in accordance with Title 78B, Chapter 7, Part 6, Cohabitant Abuse Protective Orders, as evidence of real harm or substantiated potential harm to the minor child. (d) If a parent relocates because of an act of domestic violence or family violence by the other parent: (i) the court shall make specific findings and orders with regards to the application of Section 81-9-209; and (ii) the court may not require the parent to disclose the parent's address to the other parent. (11) Absent a showing by a preponderance of evidence of real harm or substantiated potential harm to the minor child: (a) it is in the best interest of the minor child to have frequent, meaningful, and continuing access to each parent following separation or divorce; (b) each parent is entitled to and responsible for frequent, meaningful, and continuing access with the parent's minor child consistent with the minor child's best interests; and (c) it is in the best interest of the minor child to have both parents actively involved in parenting the minor child. (12) Notwithstanding any other provision of this chapter, the court may not grant custody or parent-time of a minor child to a parent convicted of a sexual offense, as defined in Section 77-37-2, that resulted in the conception of the minor child unless: (a) the nonconvicted biological parent, or the legal guardian of the minor child, consents to custody or parent-time and the court determines it is in the best interest of the minor child to award custody or parent-time to the convicted parent; or (b) after the date of the conviction, the convicted parent and the nonconvicted parent cohabit and establish a mutual custodial environment for the minor child. (13) A denial of custody or parent-time under Subsection (12) does not: (a) terminate the parental rights of the parent denied parent-time or custody; or (b) affect the obligation of the convicted parent to financially support the minor child.
Utah Code § 81-2-303 — Utah Code / Title 81 / Chapter 81-2 / § 81-2-303
§ 81-2-303. Application for marriage license -- Contents.
Status: in_force

(1) A county clerk may issue a marriage license only after an application is filed with the county clerk's office, requiring the following information: (a) the full names of the applicants, including the maiden or bachelor name of each applicant; (b) the social security numbers of the applicants, unless an applicant has not been assigned a number; (c) the current address of each applicant; (d) the date and place of birth, including the town or city, county, state or country, if possible; (e) the names of the applicants' respective parents, including the maiden name of a mother; (f) the birthplaces of the applicants' respective parents, including the town or city, county, state or country, if possible; and (g) the age, legal name, and identity of each applicant is verified. (2) A power of attorney may not be used to secure a marriage license on behalf of a party to a marriage. (3) (a) If one or both of the applicants is a minor, the county clerk shall provide each minor with a standard petition on a form provided by the Judicial Council to be presented to the juvenile court to obtain the authorization required by Section 81-2-304. (b) The form described in Subsection (3)(a) shall include: (i) all information described in Subsection (1); (ii) a place for the parent or legal guardian to indicate the parent or legal guardian's relationship to the minor in accordance with Subsection 81-2-304(1)(a); (iii) an affidavit for the parent or legal guardian to acknowledge the penalty described in Section 81-2-304 signed under penalty of perjury; (iv) an affidavit for each applicant regarding the accuracy of the information contained in the marriage application signed under penalty of perjury; and (v) a place for the clerk to sign that indicates that the following have provided documentation to support the information contained in the form: (A) each applicant; and (B) the minor's parent or legal guardian. (4) (a) The social security numbers obtained under the authority of this section may not be recorded on the marriage license and are not open to inspection as a part of the vital statistics files. (b) The Office of Vital Records and Statistics shall, upon request, supply the social security numbers to the Office of Recovery Services. (c) The Office of Recovery Services may not use a social security number obtained under the authority of this section for any reason other than the administration of child support services. (5) (a) A county clerk may not issue a marriage license until the county clerk receives: (i) an affidavit from each party applying for the marriage license, stating that there is no lawful reason preventing the marriage; and (ii) if one of the parties will not be physically present in the state at the time of solemnization of the marriage, an affidavit from each party applying for the marriage license, stating that the party consents to personal jurisdiction of the state, and of the county issuing the marriage license, for the purposes of filing a divorce or annulment of the marriage. (b) A county clerk shall file and preserve each affidavit provided under this section. (c) A party who makes an affidavit described in Subsection (5)(a), or a subscribing witness to the affidavit, who falsely swears in the affidavit is guilty of perjury and may be prosecuted and punished as provided in Title 76, Chapter 8, Part 5, Falsification in Official Matters. (6) A county clerk who knowingly issues a marriage license for any prohibited marriage is guilty of a class A misdemeanor.
Utah Code § 81-5-602 — Utah Code / Title 81 / Chapter 81-5 / § 81-5-602
§ 81-5-602. Standing to maintain proceeding.
Status: in_force

Subject to Part 3, Voluntary Declaration of Paternity, and Sections 81-5-607 and 81-5-609, a proceeding to adjudicate parentage may be maintained by: (1) the child; (2) the birth mother of the child; (3) a man whose paternity of the child is to be adjudicated; (4) the child support services agency or other governmental agency authorized by other law; (5) an authorized adoption agency or licensed child-placing agency; (6) a representative authorized by law to act for an individual who would otherwise be entitled to maintain a proceeding but who is deceased, incapacitated, or a minor child; or (7) an intended parent under Part 8, Gestational Agreement.
Utah Code § 81-10-404 — Utah Code / Title 81 / Chapter 81-10 / § 81-10-404
§ 81-10-404. Termination by operation of law of temporary grant of custodial responsibility established by court order.
Status: in_force

(1) If an agreement between the parties to terminate a court order for temporary custodial responsibility during deployment under Part 3, Judicial Procedure for Granting Custodial Responsibility During Deployment, or to terminate a provision of an order for temporary custodial responsibility during deployment entered under Chapter 9, Custody, Parent-time, and Visitation, has not been filed, the temporary order terminates 30 days after the day on which the deploying parent gives notice to the other parent and any nonparent granted custodial responsibility that the deploying parent has returned from deployment. (2) A proceeding seeking to prevent termination of a temporary order for custodial responsibility is governed by the law of this state other than this chapter.
Utah Code § 81-5-614 — Utah Code / Title 81 / Chapter 81-5 / § 81-5-614
§ 81-5-614. Consequences of failing to submit to genetic testing.
Status: in_force

(1) An order for genetic testing is enforceable by contempt. (2) If an individual whose parentage is being determined fails to submit to genetic testing ordered by the tribunal, the tribunal for that reason may adjudicate parentage contrary to the position of that individual. (3) (a) Genetic testing of the birth mother of a child is not a condition precedent to testing the child and a man whose paternity is being determined. (b) If the birth mother is unavailable or fails to submit to genetic testing, the tribunal may order the testing of the child and every man who is potentially the father of the child.
Utah Code § 81-9-502 — Utah Code / Title 81 / Chapter 81-9 / § 81-9-502
§ 81-9-502. 
Status: in_force

(1) (a) To be a custody evaluator, an individual shall: (i) be licensed by the Division of Professional Licensing as a: (A) clinical social worker under Title 58, Chapter 60, Part 2, Social Worker Licensing Act; (B) psychologist under Title 58, Chapter 61, Psychologist Licensing Act; (C) physician under Title 58, Chapter 67, Part 3, Licensing, and is board trained in psychiatry; (D) marriage and family therapist under Title 58, Chapter 60, Part 3, Marriage and Family Therapist Licensing Act; or (E) clinical mental health counselor under Title 58, Chapter 60, Part 4, Clinical Mental Health Counselor Licensing Act; and (ii) subject to Subsection (1)(b), have completed at least 18 hours of education or training on: (A) the psychological and developmental needs of children, including needs related to decisions about child custody and parent-time; (B) family dynamics, including parent-child relationships, blended families, and extended family relationships; and (C) the effects of separation, divorce, domestic violence, child sexual or physical abuse, emotional abuse or neglect, substance abuse, and interparental conflict on the psychological and developmental needs of children and adults. (b) An individual shall complete the 18 hours of education or training described in Subsection (1)(a)(ii) within two years before the later of: (i) the day on which the individual received a license described in Subsection (1)(a)(i); or (ii) the day on which the individual renewed a license described in Subsection (1)(a)(i). (2) (a) The Administrative Office of the Courts shall maintain a roster of custody evaluators. (b) The roster of custody evaluators shall include the name, business address, telephone number, email address, custody evaluation fees, and professional license expiration date of each custody evaluator. (c) To be included on the roster of custody evaluators, the Administrative Office of the Courts may require a custody evaluator to submit documentation: (i) proving the individual meets the qualifications described in Subsection (1); and (ii) providing the information described in Subsection (2)(b). (d) The Administrative Office of the Courts shall: (i) make the roster of custody evaluators available to a court and parties for use in selecting a custody evaluator; and (ii) remove from the roster of custody evaluators any individual who fails to comply with this section.
Utah Code § 81-5-202 — Utah Code / Title 81 / Chapter 81-5 / § 81-5-202
§ 81-5-202. No discrimination based on marital status.
Status: in_force

A child born to parents who are not married to each other whose parentage has been determined under this chapter has the same rights under the law as a child born to parents who are married to each other.
Utah Code § 81-8-604 — Utah Code / Title 81 / Chapter 81-8 / § 81-8-604
§ 81-8-604. Choice of law.
Status: in_force

(1) Except as otherwise provided in Subsection (4), the law of the issuing state or foreign country governs: (a) the nature, extent, amount, and duration of current payments under a registered support order; (b) the computation and payment of arrearages and accrual of interest on the arrearages under the support order; and (c) the existence and satisfaction of other obligations under the support order. (2) In a proceeding for arrears under a registered support order, the statute of limitation of this state or of the issuing state or foreign country, whichever is longer, applies. (3) A responding tribunal of this state shall apply the procedures and remedies of this state to enforce current support and collect arrears and interest due on a support order of another state or a foreign country registered in this state. (4) After a tribunal of this or another state determines which is the controlling order and issues an order consolidating arrears, if any, a tribunal of this state shall prospectively apply the law of the state or foreign country issuing the controlling order, including its law on interest on arrears, on current and future support, and on consolidated arrears.
Utah Code § 81-11-110 — Utah Code / Title 81 / Chapter 81-11 / § 81-11-110
§ 81-11-110. Taking testimony in another state.
Status: in_force

(1) (a) In addition to other procedures available to a party, a party to a child custody proceeding may offer testimony of witnesses who are located in another state, including testimony of the parties and the minor child, by deposition or other means allowable in this state for testimony taken in another state. (b) The court on the court's own motion may: (i) order that the testimony of a person be taken in another state; and (ii) prescribe the manner in which and the terms upon which the testimony is taken. (2) (a) A court of this state may permit an individual residing in another state to be deposed or to testify by telephone, audiovisual means, or other electronic means before a designated court or at another location in that state. (b) A court of this state shall cooperate with courts of other states in designating an appropriate location for the deposition or testimony. (3) Documentary evidence transmitted from another state to a court of this state by technological means that do not produce an original writing may not be excluded from evidence on an objection based on the means of transmission.
Utah Code § 81-5-103 — Utah Code / Title 81 / Chapter 81-5 / § 81-5-103
§ 81-5-103. Scope -- Choice of law -- Determination of maternity.
Status: in_force

(1) This chapter applies to determinations of parentage in this state. (2) The tribunal shall apply the law of this state to adjudicate the parent-child relationship. (3) The applicable law may not depend upon: (a) the place of birth of the child; or (b) the past or present residence of the child. (4) This chapter may not create, enlarge, or diminish parental rights or duties under other laws of this state. (5) The provisions of this chapter relating to a determination of paternity also apply to a determination of maternity.
Utah Code § 81-10-301 — Utah Code / Title 81 / Chapter 81-10 / § 81-10-301
§ 81-10-301. Definitions for part.
Status: in_force

As used in this part, "close and substantial relationship" means a relationship in which a significant bond exists between a child and a nonparent.
Utah Code § 81-5-802 — Utah Code / Title 81 / Chapter 81-5 / § 81-5-802
§ 81-5-802. Requirements of petition.
Status: in_force

(1) The intended parents and the prospective gestational mother may file a petition in the district tribunal to validate a gestational agreement. (2) A petition to validate a gestational agreement may not be maintained unless either the mother or intended parents have been residents of this state for at least 90 days. (3) The prospective gestational mother's spouse, if the prospective gestational mother is married, must join in the petition. (4) A copy of the gestational agreement must be attached to the petition.
Utah Code § 81-3-111 — Utah Code / Title 81 / Chapter 81-3 / § 81-3-111
§ 81-3-111. Action for consortium due to personal injury.
Status: in_force

(1) As used in this section: (a) "Injury" or "injured" means a significant permanent injury to an individual that substantially changes that individual's lifestyle , including: (i) a partial or complete paralysis of one or more of the extremities; (ii) significant disfigurement; or (iii) incapability of the individual of performing the types of jobs the individual performed before the injury. (b) "Spouse" means the legal relationship: (i) established between two individuals as recognized by the laws of this state; and (ii) existing at the time of the person's injury. (2) The spouse of an individual injured by a third party on or after May 4, 1997, may maintain an action against the third party to recover for loss of consortium. (3) A claim for loss of consortium begins on the date of injury to the spouse. (4) The statute of limitations applicable to the injured individual shall also apply to the spouse's claim of loss of consortium. (5) A claim for the spouse's loss of consortium shall be: (a) made at the time the claim of the injured person is made and joinder of actions shall be compulsory; and (b) subject to the same defenses, limitations, immunities, and provisions applicable to the claims of the injured individual. (6) The spouse's action for loss of consortium: (a) shall be derivative from the cause of action existing on behalf of the injured individual; and (b) may not exist in cases where the injured individual would not have a cause of action. (7) Fault of the spouse of the injured individual, as well as fault of the injured individual, shall be compared with the fault of all other parties, pursuant to Sections 78B-5-817 through 78B-5-823, for purposes of reducing or barring any recovery by the spouse for loss of consortium. (8) Damages awarded for loss of consortium, when combined with any award to the injured individual for general damages, may not exceed any applicable statutory limit on noneconomic damages, including Section 78B-3-410. (9) Damages awarded for loss of consortium which a governmental entity is required to pay, when combined with any award to the injured individual which a governmental entity is required to pay, may not exceed the liability limit for one individual in any one occurrence under Title 63G, Chapter 7, Governmental Immunity Act of Utah.
Utah Code § 81-5-509 — Utah Code / Title 81 / Chapter 81-5 / § 81-5-509
§ 81-5-509. Deceased individual.
Status: in_force

For good cause shown, the tribunal may order genetic testing of a deceased individual.
Utah Code § 81-11-205 — Utah Code / Title 81 / Chapter 81-11 / § 81-11-205
§ 81-11-205. Notice -- Opportunity to be heard -- Joinder.
Status: in_force

(1) Before a child custody determination is made under this chapter, notice and an opportunity to be heard in accordance with the standards of Section 81-11-107 shall be given to all persons entitled to notice under the law of this state as in child custody proceedings between residents of this state, any parent whose parental rights have not been previously terminated, and any person having physical custody of the minor child. (2) This chapter does not govern the enforceability of a child custody determination made without notice and an opportunity to be heard. (3) The obligation to join a party and the right to intervene as a party in a child custody proceeding under this chapter are governed by the law of this state as in child custody proceedings between residents of this state.
Utah Code § 81-5-622 — Utah Code / Title 81 / Chapter 81-5 / § 81-5-622
§ 81-5-622. Order adjudicating parentage.
Status: in_force

(1) The tribunal shall issue an order adjudicating whether a man alleged or claiming to be the father is the parent of the child. (2) An order adjudicating parentage must identify the child by name and date of birth. (3) (a) Except as otherwise provided in Subsection (4), the tribunal may assess filing fees, reasonable attorney fees, fees for genetic testing, other costs, necessary travel, and other reasonable expenses incurred in a proceeding under this part. (b) The tribunal may award attorney fees, which may be paid directly to the attorney, who may enforce the order in the attorney's own name. (4) The tribunal may not assess fees, costs, or expenses against the child support services agency of this state or another state, except as provided by law. (5) On request of a party and for good cause shown, the tribunal may order that the name of the child be changed. (6) If the order of the tribunal is at variance with the child's birth certificate, the tribunal shall order the Office of Vital Records and Statistics to issue an amended birth registration.
Utah Code § 81-15-108 — Utah Code / Title 81 / Chapter 81-15 / § 81-15-108
§ 81-15-108. Disclosure by arbitrator -- Disqualification.
Status: in_force

(1) Before agreeing to serve as an arbitrator, an individual shall disclose, after making reasonable inquiry, to all parties any known fact a reasonable person would believe is likely to affect: (a) the impartiality of the arbitrator in the arbitration, including bias, a financial or personal interest in the outcome of the arbitration, or an existing or past relationship with a party, an attorney representing a party, or a witness; or (b) the arbitrator's ability to make a timely award. (2) An arbitrator, the parties, and the attorneys representing the parties have a continuing obligation to disclose to all parties any known fact a reasonable person would believe is likely to affect the impartiality of the arbitrator or the arbitrator's ability to make a timely award. (3) A party shall make an objection to the selection or continued service of an arbitrator and a motion for a stay of arbitration and disqualification of the arbitrator in accordance with the law and procedural rules of this state, other than this chapter, governing arbitrator disqualification. (4) If a disclosure required by Subsection (1)(a) or (2) is not made, the court may: (a) suspend the arbitration on a motion of a party that is no later than 30 days after the day on which the failure to disclose is known or by the exercise of reasonable care should have been known to the party; (b) vacate an award under Subsection 81-15-118(1)(b) on timely motion of a party; or (c) grant other appropriate relief under a law of this state other than this chapter if an award has been confirmed. (5) If the parties agree to discharge an arbitrator or the arbitrator is disqualified, the parties by agreement may select a new arbitrator or request the court to select another arbitrator as provided in Section 81-15-107.
Utah Code § 81-5-105 — Utah Code / Title 81 / Chapter 81-5 / § 81-5-105
§ 81-5-105. General requirements for parentage action or settlement -- Filing parentage with the Office of Vital Records and Statistics.
Status: in_force

(1) A court shall, without adjudicating parentage, dismiss a petition that is filed under this chapter by an unmarried biological father if the unmarried biological father is not entitled to consent to the adoption of the child as described in Section 81-13-213. (2) The standard of proof in a trial to establish parentage is "by clear and convincing evidence." (3) Utah Rule of Civil Procedure 55, Default, applies to a parentage action commenced under this chapter. (4) An agreement of settlement with an alleged father is binding only when approved by the tribunal. (5) If a parentage action is brought under this chapter, the obligor's liabilities for past support are limited to the period of four years preceding the commencement of an action. (6) (a) If the tribunal determines that an alleged father is a parent of the child, the tribunal may upon the tribunal's own motion, or upon motion of the alleged father, order parent-time rights in accordance with Title 81, Chapter 9, Custody, Parent-time, and Visitation, as the tribunal considers appropriate under the circumstances. (b) Parent-time rights may not be granted to an alleged father if the child has been subsequently adopted. (7) A party to an action under this chapter has a continuing obligation to keep the tribunal informed of the party's current address. (8) A proceeding under this chapter is subject to other laws of this state governing the health, safety, privacy, and liberty of a child or other individual who could be jeopardized by disclosure of identifying information, including address, telephone number, place of employment, social security number, the child's day-care facility, or school. (9) An adjudication of parentage or declaration of paternity shall be filed with the Office of Vital Records and Statistics in accordance with Section 26B-8-104.
Utah Code § 81-15-116 — Utah Code / Title 81 / Chapter 81-15 / § 81-15-116
§ 81-15-116. Correction by arbitrator of unconfirmed award.
Status: in_force

On a motion of a party that is made no later than 30 days after the day on which an arbitrator gives notice under Subsection 81-15-114(2) of an award, the arbitrator may correct the award: (1) if the award has an evident mathematical miscalculation or an evident mistake in the description of a person, thing, or property; (2) if the award is imperfect in a matter of form not affecting the merits on the issues submitted; or (3) to clarify the award.
Utah Code § 81-5-302 — Utah Code / Title 81 / Chapter 81-5 / § 81-5-302
§ 81-5-302. Execution of declaration of paternity.
Status: in_force

(1) A declaration of paternity described in Section 81-5-301 must: (a) be in a record; (b) be signed, or otherwise authenticated, under penalty of perjury, by the birth mother and by the declarant father; (c) be signed by the birth mother and declarant father in the presence of two witnesses who are not related by blood or marriage; (d) state that the child whose paternity is being declared: (i) does not have a presumed father, or has a presumed father whose full name is stated; and (ii) does not have another declarant or adjudicated father; (e) state whether there has been genetic testing and, if so, that the declarant man's claim of paternity is consistent with the results of the testing; and (f) state that the signatories understand that the declaration is the equivalent of a legal finding of paternity of the child and that a challenge to the declaration is permitted only under the limited circumstances described in Section 81-5-307. (2) If the birth mother or the declarant father is a minor child, the voluntary declaration must also be signed by that minor child's parent or legal guardian. (3) A declaration of paternity is void if the declaration of paternity: (a) states that another man is a presumed father, unless a denial of paternity signed or otherwise authenticated by the presumed father is filed with the Office of Vital Records and Statistics in accordance with Section 81-5-303; (b) states that another man is a declarant or adjudicated father; or (c) falsely denies the existence of a presumed, declarant, or adjudicated father of the child. (4) A presumed father may sign or otherwise authenticate a declaration of paternity. (5) The declaration of paternity shall be: (a) in a form prescribed by the Office of Vital Records and Statistics; and (b) accompanied with a written and verbal notice of the alternatives to, the legal consequences of, and the rights and responsibilities that arise from signing the declaration. (6) The social security number of any individual who is subject to declaration of paternity shall be placed in the records relating to the matter. (7) (a) The declaration of paternity shall become an amendment to the original birth certificate. (b) The original certificate and the declaration shall be marked as to be distinguishable. (c) The declaration may be included as part of subsequently issued certified copies of the birth certificate. (d) Alternatively, electronically issued copies of a certificate may reflect the amended information and the date of the amendment only. (8) (a) A declaration of paternity may be completed and signed any time after the birth of the child. (b) A declaration of paternity may not be signed or filed after consent to or relinquishment for adoption has been signed. (9) A declaration of paternity shall be considered effective when filed and entered into a database established and maintained by the Office of Vital Records and Statistics.
Utah Code § 81-8-103 — Utah Code / Title 81 / Chapter 81-8 / § 81-8-103
§ 81-8-103. State tribunal and child support services agency.
Status: in_force

(1) A court with jurisdiction under Title 78A, Judiciary and Judicial Administration, and the Utah Department of Health and Human Services are the tribunals of this state. (2) The Utah Department of Health and Human Services is the state child support services agency.
Utah Code § 81-13-213 — Utah Code / Title 81 / Chapter 81-13 / § 81-13-213
§ 81-13-213. Consent of unmarried biological father.
Status: in_force

(1) As used in this section, "qualifying circumstance" means that, 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 a consent to adoption or relinquishment of the child adoptee for adoption: (a) the child adoptee or the child adoptee's birth mother resided on a permanent basis, or a temporary basis of no less than 30 consecutive days, in the state; (b) the birth mother intended to give birth to the child adoptee in the state; (c) the child adoptee was born in the state; or (d) the birth mother intended to execute a consent to adoption or relinquishment of the child adoptee for adoption in the state or under the laws of the state. (2) Except as provided in Subsections (3)(a) and (8), and subject to Subsections (6) and (7), the consent of an unmarried biological father to the adoption of a child adoptee, who is placed with prospective adoptive parents more than 180 days after birth, is not required unless the unmarried biological father: (a) (i) developed a substantial relationship with the child adoptee by: (A) visiting the child adoptee monthly, unless the unmarried biological father was physically or financially unable to visit the child adoptee on a monthly basis; or (B) engaging in regular communication with the child adoptee or with the person or authorized agency that has lawful custody of the child adoptee; (ii) took some measure of responsibility for the child adoptee and the child adoptee's future; and (iii) demonstrated a full commitment to the responsibilities of parenthood by financial support of the child adoptee of a fair and reasonable sum in accordance with the unmarried biological father's ability; or (b) (i) if the child adoptee is younger than one year old, openly lived with the child adoptee immediately preceding placement of the child adoptee with the prospective adoptive parents for a period of at least 180 days during the period of time beginning on the day on which the child adoptee is born and ending on the day on which the child adoptee is placed with prospective adoptive parents; (ii) if the child adoptee is one year old or older, openly lived with the child adoptee immediately preceding placement of the child adoptee with the prospective adoptive parents for a period of at least 180 days during the one-year period immediately preceding the day on which the child adoptee is placed with prospective adoptive parents; and (iii) openly held himself out to be the father of the child adoptee during the 180-day period described in Subsection (2)(b)(i) or (ii). (3) (a) If an unmarried biological father was prevented from complying with a requirement described in Subsection (2) by the person or authorized agency having lawful custody of the child adoptee, the unmarried biological father is not required to comply with that requirement. (b) The subjective intent of an unmarried biological father, whether expressed or otherwise, that is unsupported by evidence that the requirements in Subsection (2) have been met, shall not preclude a determination that the unmarried biological father failed to meet the requirements of Subsection (2). (4) Except as provided in Subsections (7) and (8), and subject to Subsection (6), the consent of an unmarried biological father to the adoption of a child adoptee, who is 180 days old or younger at the time that the child adoptee is placed with the prospective adoptive parents, is not required unless, before the time that the birth mother executes the birth mother's consent for adoption or relinquishes the child adoptee for adoption, the unmarried biological father: (a) initiates proceedings in a court with jurisdiction under Title 78A, Judiciary and Judicial Administration, to establish parentage under Chapter 5, Uniform Parentage Act; (b) files with the court that is presiding over the parentage proceeding a sworn affidavit: (i) stating that the unmarried biological father is fully able and willing to have full custody of the child adoptee; (ii) setting forth the unmarried biological father's plans for care of the child adoptee; and (iii) agreeing to a court order of child support and the payment of expenses incurred in connection with the birth mother's pregnancy and the child adoptee's birth; (c) consistent with Subsection (5), files notice of the commencement of parentage proceedings described in Subsection (4)(a), with the office in a confidential registry established by the office for that purpose; and (d) offered to pay and paid, during the pregnancy and after the child adoptee's birth, a fair and reasonable amount of the expenses incurred in connection with the birth mother's pregnancy and the child adoptee's birth, in accordance with the unmarried biological father's financial ability, unless: (i) the unmarried biological father did not have actual knowledge of the pregnancy; (ii) the unmarried biological father was prevented from paying the expenses by the person or authorized agency having lawful custody of the child adoptee; or (iii) the birth mother refused to accept the unmarried biological father's offer to pay the expenses described in this Subsection (4)(d). (5) (a) The notice described in Subsection (4)(c) is considered filed when received by the office. (b) If the unmarried biological father fully complies with the requirements of Subsection (4), and an adoption of the child adoptee is not completed, the unmarried biological father shall, without any order of the court, be legally obligated for a reasonable amount of child support, pregnancy expenses, and child birth expenses, in accordance with the unmarried biological father's financial ability. (6) Unless the unmarried biological father's ability to assert the right to consent has been lost for failure to comply with Section 81-13-208, or lost under another provision of Utah law, an unmarried biological father shall have at least one business day after the child adoptee's birth to fully and strictly comply with the requirements of Subsection (4). (7) The consent of an unmarried biological father to the adoption of a child adoptee is not required under this section if: (a) the court determines, in accordance with the requirements and procedures of Title 80, Chapter 4, Termination and Restoration of Parental Rights, that the unmarried biological father's rights should be terminated, based on the petition of any interested party; (b) (i) a voluntary declaration of paternity declaring the unmarried biological father to be the father of the child adoptee is rescinded under Section 81-5-306; and (ii) the unmarried biological father fails to comply with Subsection (4) within 10 business days after the day that notice of the rescission described in Subsection (7)(b)(i) is mailed by the office as provided in Section 81-5-306; or (c) the unmarried biological father is notified under Section 81-13-208 and fails to preserve the unmarried biological father's rights in accordance with the requirements of Section 81-13-208. (8) Notwithstanding Subsections (2) and (4), the consent of an unmarried biological father to the adoption of a child adoptee is required if: (a) (i) the unmarried biological father did not know, and through the exercise of reasonable diligence could not have known, before the time the birth mother executed a consent to adoption or relinquishment of the child adoptee for adoption that a qualifying circumstance existed; (ii) before the birth mother executed a consent to adoption or relinquishment of the child adoptee for adoption, the unmarried biological father fully complied with the requirements to establish parental rights and duties in the child adoptee, and to preserve the right to notice of a proceeding in connection with the adoption of the child adoptee, imposed by: (A) the last state where the unmarried biological father knew, or through the exercise of reasonable diligence should have known, that the birth mother resided in before the birth mother executed the consent to adoption or relinquishment of the child adoptee for adoption; or (B) the state where the child adoptee was conceived; and (iii) the unmarried biological father has demonstrated, based on the totality of the circumstances, a full commitment to the unmarried biological father's parental responsibilities as described in Subsection (9); or (b) (i) the unmarried biological father knew, or through the exercise of reasonable diligence should have known, before the time the birth mother executed a consent to adoption or relinquishment of the child adoptee for adoption that a qualifying circumstance existed; and (ii) the unmarried biological father complied with the requirements of Subsections (2) through (7) before the later of: (A) 20 days after the day that the unmarried biological father knew, or through the exercise of reasonable diligence should have known, that a qualifying circumstance existed; or (B) the time that the birth mother executed a consent to adoption or relinquishment of the child adoptee for adoption. (9) When determining whether an unmarried biological father has demonstrated a full commitment to the unmarried biological father's parental responsibilities for purposes of Subsection (8)(a)(iii), a court shall consider the totality of the circumstances, including, if applicable: (a) the efforts the unmarried biological father has taken to discover the location of the child adoptee or the child adoptee's birth mother; (b) whether the unmarried biological father has expressed and demonstrated an interest in taking responsibility for the child adoptee; (c) whether, and to what extent, the unmarried biological father has developed, or attempted to develop, a relationship with the child adoptee; (d) whether the unmarried biological father offered to provide and, unless the offer was rejected, did provide, financial support for the child adoptee or the child adoptee's birth mother; (e) whether, and to what extent, the unmarried biological father has communicated, or attempted to communicate, with the child adoptee or the child adoptee's birth mother; (f) whether the unmarried biological father has timely filed legal proceedings to establish the unmarried biological father's parentage of, and take responsibility for, the child adoptee; and (g) whether the unmarried biological father has timely filed a notice with a public official or agency relating to: (i) the unmarried biological father's parentage of the child adoptee; (ii) legal proceedings to establish the unmarried biological father's parentage of the child adoptee; or (iii) other evidence that shows whether the unmarried biological father has demonstrated a full commitment to the unmarried biological father's parental responsibilities. (10) An unmarried biological father who does not fully and strictly comply with the requirements of this section is considered to have waived and surrendered any right in relation to the child adoptee, including the right to: (a) notice of any judicial proceeding in connection with the adoption of the child adoptee; and (b) consent, or refuse to consent, to the adoption of the child adoptee. (11) Notwithstanding any other provision of this section, the consent of an unmarried biological father is not required in a case where it is shown that the child adoptee was conceived as a result of conduct that constitutes a sexual offense, regardless of whether the unmarried biological father is formally charged with or convicted of the sexual offense. (12) Unless the child adoptee is conceived or born within a marriage, the petitioner in an adoption proceeding shall, before entrance of a final decree of adoption, file with the court a certificate from the office, stating: (a) that a diligent search has been made of the registry of notices from unmarried biological fathers described in Subsection (4)(c); and (b) (i) that no filing has been found pertaining to the unmarried biological father of the child adoptee in question; or (ii) if a filing is found, the name of the unmarried biological father and the time and date of filing. (13) Unless an individual who is an unmarried biological father has fully and strictly complied with the requirements of this section and Section 81-13-212, an out-of-state order that adjudicates parentage, or an out-of-state declaration or acknowledgment of paternity: (a) only has the effect of establishing that the individual is an unmarried biological father of the child adoptee to whom the order, declaration, or acknowledgment relates; and (b) does not entitle the individual to: (i) notice of any judicial proceeding related to the adoption of the child adoptee; (ii) the right to consent, or refuse to consent, to the adoption of the child adoptee; or (iii) the right to custody of, control over, or visitation with the child adoptee.
Utah Code § 81-2-402 — Utah Code / Title 81 / Chapter 81-2 / § 81-2-402
§ 81-2-402. Incestuous marriages void.
Status: in_force

(1) The following marriages are incestuous and void from the beginning, regardless of whether the relationship is legally recognized: (a) a marriage between a parent and a child; (b) a marriage between an ancestor and a descendant of any degree; (c) a marriage between siblings of the half or whole blood; (d) a marriage between an uncle and a niece or nephew; (e) a marriage between an aunt and a niece or nephew; (f) except as provided in Subsection (2), a marriage between first cousins; or (g) except as provided in Subsection (2), a marriage between individuals related to each other within and not including the fifth degree of consanguinity computed according to the rules of the civil law. (2) First cousins may marry under the following circumstances: (a) both parties are 65 years old or older; or (b) if both parties are 55 years old or older, upon a finding by the district court, located in the district in which either party resides, that either party is unable to reproduce.
Utah Code § 81-13-217 — Utah Code / Title 81 / Chapter 81-13 / § 81-13-217
§ 81-13-217. Affidavit regarding fees and expenses before final decree of adoption of a minor child.
Status: in_force

(1) (a) Except as provided in Subsection (6), before the date that a final decree of adoption for a child adoptee is entered, a prospective adoptive parent or, if the child adoptee was placed by a child-placing agency, the person or agency placing the child adoptee shall file with the court an affidavit regarding fees and expenses on a form prescribed by the Judicial Council in accordance with Subsection (2). (b) An affidavit filed in accordance with Subsection (1)(a) shall be signed by each prospective adoptive parent and, if the child adoptee was placed by a child-placing agency, the person or agency placing the child adoptee. (c) The court shall review an affidavit filed under this section for completeness and compliance with the requirements of this section. (d) The results of the court's review under Subsection (1)(c) shall be noted in the court's record. (2) (a) The Judicial Council shall prescribe a uniform form for the affidavit described in Subsection (1). (b) The uniform affidavit form shall require disclosure of the following items in connection with the adoption: (i) the total amount of legal expenses that have been or will be paid to or on behalf of the preexisting parents of the child adoptee; (ii) the total amount of medical or hospital expenses that have been or will be paid to or on behalf of the preexisting parents of the child adoptee; (iii) the total amount that the adoptive parent has paid for a preexisting parent's direct support; (iv) the total amount that the adoptive parent has paid for a preexisting parent's indirect support; (v) the total amount that the adoptive parent has paid to a child-placing agency in fees and costs; and (vi) a description of services provided to the prospective adoptive parent and preexisting parent in connection with the adoption. (c) The uniform affidavit form shall require: (i) a declaration of each state or country of residence for 12 months before the birth of the: (A) birth mother or the preexisting parents; and (B) prospective adoptive parent or parents; and (ii) a declaration that Section 76-7-203 has not been violated. (d) To satisfy the requirement of Subsection (1)(a), the court shall accept an affidavit that is submitted in a form accepted by the Office of Licensing within the Department of Health and Human Services if the affidavit contains the same information and is in a reasonably equivalent format as the uniform affidavit form prescribed by the Judicial Council. (3) (a) (i) If a child-placing agency, that is licensed by this state, placed the child adoptee, the child-placing agency shall provide a copy of the affidavit described in Subsection (1) to the Office of Licensing within the Department of Health and Human Services on or before 60 days after the day on which the adoption is finalized. (ii) If an attorney arranged the placement of the child adoptee with the adoptive parent or parents, the attorney shall provide a copy of the affidavit described in Subsection (1) to the Office of Licensing within the Department of Health and Human Services on or before 60 days after the day on which the adoption is finalized. (b) Before August 30 of each even-numbered year, the Office of Licensing within the Department of Health and Human Services shall provide a written report to the Health and Human Services Interim Committee and to the Judicial Council regarding the cost of adoptions in the state that includes: (i) the total number of affidavits provided to the Office of Licensing during the previous year; (ii) for each of the categories described in Subsection (2)(b): (A) the average amount disclosed on affidavits submitted during the previous year; and (B) the range of amounts disclosed on affidavits submitted during the previous year; (iii) the average total amount disclosed on affidavits submitted during the previous year; (iv) the range of total amounts disclosed on affidavits submitted during the previous year; and (v) any recommended legislation that may help reduce the cost of adoptions. (c) The Health and Human Services Interim Committee shall, based on information in reports provided under Subsection (3)(b) and in consultation with the Utah Child-Placing Adoption Agency Consortium created in Subsection 26B-2-127(9), consider: (i) what constitutes reasonable fees and expenses related to adoption; and (ii) the standards that may be used to determine whether fees and expenses related to adoption are reasonable in a specific case. (4) The Judicial Council shall make a copy of each report provided by the Office of Licensing under Subsection (3)(b) available to each court that may be required to review an affidavit under Subsection (1)(c). (5) The Office of Licensing shall investigate and may suspend or revoke the license of a child-placing agency if the child-placing agency fails to comply with the requirements described in this section. (6) This section does not apply if the prospective adoptive parent is the legal spouse of a preexisting parent.
Utah Code § 81-8-701 — Utah Code / Title 81 / Chapter 81-8 / § 81-8-701
§ 81-8-701. Definitions for part.
Status: in_force

As used in this part: (1) "Application" means a request under the convention by an obligee or obligor, or on behalf of a child, made through a central authority for assistance from another central authority. (2) "Central authority" means the entity designated by the United States or a foreign country described in Subsection 81-8-102(8)(d) to perform the functions specified in the convention. (3) "Convention support order" means a support order of a tribunal of a foreign country described in Subsection 81-8-102(8)(d). (4) "Direct request" means a petition filed by an individual in a tribunal of this state in a proceeding involving an obligee, obligor, or child residing outside the United States. (5) "Foreign central authority" means the entity designated by a foreign country described in Subsection 81-8-102(8)(d) to perform the functions specified in the convention. (6) "Foreign support agreement": (a) means an agreement for support in a record that: (i) is enforceable as a support order in the country of origin; (ii) has been: (A) formally drawn up or registered as an authentic instrument by a foreign tribunal; or (B) authenticated by, or concluded, registered, or filed with a foreign tribunal; and (iii) may be reviewed and modified by a foreign tribunal; and (b) includes a maintenance arrangement or authentic instrument under the convention. (7) "United States central authority" means the Secretary of the United States Department of Health and Human Services.
Utah Code § 81-8-209 — Utah Code / Title 81 / Chapter 81-8 / § 81-8-209
§ 81-8-209. Credit for payments.
Status: in_force

A tribunal of this state shall credit amounts collected for a particular period pursuant to any child support order against the amounts owed for the same period under any other child support order for support of the same child issued by a tribunal of this or another state or foreign country.
Utah Code § 81-11-202 — Utah Code / Title 81 / Chapter 81-11 / § 81-11-202
§ 81-11-202. Exclusive, continuing jurisdiction.
Status: in_force

(1) Except as otherwise provided in Section 81-11-204, a court of this state that has made a child custody determination consistent with Section 81-11-201 or 81-11-203 has exclusive, continuing jurisdiction over the determination until: (a) a court of this state determines that the minor child, the minor child and one parent, and the minor child and a person acting as a parent do not have a significant connection with this state and that substantial evidence is no longer available in this state concerning the minor child's care, protection, training, and personal relationships; or (b) a court of this state or a court of another state determines that the minor child, a parent, and any person acting as a parent do not presently reside in this state. (2) A court of this state that has exclusive, continuing jurisdiction under this section may decline to exercise the court's jurisdiction if the court determines that it is an inconvenient forum under Section 81-11-207. (3) A court of this state that has made a child custody determination and does not have exclusive, continuing jurisdiction under this section may modify that determination only if the court has jurisdiction to make an initial determination under Section 81-11-201.
Utah Code § 81-6-212 — Utah Code / Title 81 / Chapter 81-6 / § 81-6-212
§ 81-6-212. Modification of child support order -- Adjustment of child support.
Status: in_force

(1) The amount of prospective child support is equal to the amount granted by a prior child support order unless: (a) there is a substantial change of circumstances on the part of the obligor or obligee as described in this section; or (b) an adjustment is made as described in this section or Section 81-6-213. (2) If the prior child support order contains a stipulated provision for the automatic adjustment for prospective child support, the prospective child support is the amount as stated in the order, without a showing of a substantial change of circumstances, if the stipulated provision: (a) is clear and unambiguous; (b) is self-executing; (c) provides for child support that equals or exceeds the base child support award required by the child support guidelines; and (d) does not allow a decrease in child support as a result of the obligor's voluntary reduction of income. (3) (a) A parent, legal guardian, or the office may, at any time, petition the court to adjust the amount of a child support order if there has been a substantial change in circumstances. (b) A change in the child support tables is not a substantial change in circumstances for the purposes of Subsection (3)(a). (c) For purposes of this Subsection (3)(a), a substantial change in circumstances may include: (i) material changes in custody; (ii) material changes in the relative wealth or assets of the parties; (iii) material changes of 30% or more in the income of a parent; (iv) material changes in the employment potential and ability of a parent to earn; (v) material changes in the medical needs of the child; or (vi) material changes in the legal responsibilities of either parent for the support of others. (4) Upon receiving a petition under Subsection (3)(a), the court shall, taking into account the best interests of the child: (a) determine whether a substantial change has occurred; (b) if a substantial change has occurred, determine whether the change results in a difference of 15% or more between the obligor's ordered support amount and the obligor's support amount that would be required under the child support guidelines; and (c) adjust the obligor's ordered support amount to that which is provided for in the child support guidelines if: (i) there is a difference of 15% or more; and (ii) the difference is not of a temporary nature. (5) (a) If a child support order has not been issued or modified within the previous three years, a parent, legal guardian, or the office may move the court to adjust the amount of a child support order. (b) Upon receiving a motion under Subsection (5)(a), the court shall, taking into account the best interests of the child: (i) determine whether there is a difference between the obligor's ordered support amount and the obligor's support amount that would be required under the child support guidelines; and (ii) if there is a difference as described in Subsection (5)(b)(i), adjust the obligor's ordered support amount to the obligor's support amount provided in the child support guidelines if: (A) the difference is 10% or more; (B) the difference is not of a temporary nature; and (C) the order adjusting the obligor's ordered support amount does not deviate from the child support guidelines. (c) A showing of a substantial change in circumstances is not necessary for an adjustment under this Subsection (5).
Utah Code § 81-15-121 — Utah Code / Title 81 / Chapter 81-15 / § 81-15-121
§ 81-15-121. Modification of confirmed award or judgment.
Status: in_force

If a party requests under a law of this state, other than this chapter, a modification of an award confirmed under Section 81-15-115 or judgment on the award based on a fact occurring after confirmation: (1) the parties shall proceed under the dispute-resolution method specified in the award or judgment; or (2) if the award or judgment does not specify a dispute-resolution method, the parties may: (a) agree to arbitrate the modification before the original arbitrator or another arbitrator; or (b) absent an agreement under Subsection (2)(a), proceed under a law of this state, other than this chapter, governing modification of a judgment in a family law proceeding.
Utah Code § 81-14-301 — Utah Code / Title 81 / Chapter 81-14 / § 81-14-301
§ 81-14-301. Definitions for part.
Status: in_force

As used in this part, "prospective adoptive parent" means an individual who has been approved or permitted under other law of this state to adopt a minor child.
Utah Code § 81-12-101 — Utah Code / Title 81 / Chapter 81-12 / § 81-12-101
§ 81-12-101. Definitions for chapter.
Status: in_force

As used in this chapter: (1) "Abduction" means the wrongful removal or wrongful retention of a minor child. (2) (a) "Child custody determination" means a judgment, decree, or other order of a court providing for the legal custody, physical custody, or visitation with respect to a minor child. (b) "Child custody determination" includes a permanent, temporary, initial, and modification order. (3) (a) "Child custody proceeding" means a proceeding in which legal custody, physical custody, visitation, or parent-time with respect to a minor child is at issue. (b) "Child custody proceeding" includes a proceeding for divorce, dissolution of marriage, separation, neglect, abuse, dependency, guardianship, paternity, termination of parental rights, or protection from domestic violence. (4) "Court" means an entity authorized under the law of a state to establish, enforce, or modify a child custody determination. (5) "Petition" includes a motion or the motion's equivalent. (6) "Record" means information inscribed on a tangible medium or stored in an electronic or other medium and is retrievable in perceivable form. (7) (a) "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. (b) "State" includes a federally recognized Indian tribe or nation. (8) (a) "Travel document" means records relating to a travel itinerary, including travel tickets, passes, reservations for transportation, or accommodations. (b) "Travel document" does not include a passport or visa. (9) "Wrongful removal" means the taking of a minor child that breaches rights of custody, visitation, or parent-time given or recognized under the law of this state. (10) "Wrongful retention" means the keeping or concealing of a minor child that breaches rights of custody, visitation, or parent-time given or recognized under the law of this state.
Utah Code § 81-5-311 — Utah Code / Title 81 / Chapter 81-5 / § 81-5-311
§ 81-5-311. Forms for declaration, denial, or rescission.
Status: in_force

(1) To facilitate compliance with this part, the Office of Vital Records and Statistics shall prescribe forms for the declaration of paternity, the denial of paternity, and the rescission of a declaration of paternity. (2) A valid declaration of paternity or denial of paternity is not affected by a later modification of the prescribed form.
Utah Code § 81-9-206 — Utah Code / Title 81 / Chapter 81-9 / § 81-9-206
§ 81-9-206. Determination of parent-time schedule -- Parent-time factors.
Status: in_force

(1) If the parties are unable to agree on a parent-time schedule, the court may: (a) establish a parent-time schedule; or (b) order a parent-time schedule described in Part 3, Parent-time Schedules. (2) There is a presumption that the advisory guidelines described in Section 81-9-202 and the parent-time schedules described in Part 3, Parent-time Schedules, are the minimum parent-time to which the noncustodial parent and the minor child are entitled. (3) In accordance with Section 81-9-104, when ordering a parent-time schedule a court shall consider: (a) evidence of domestic violence, physical abuse, or sexual abuse involving the minor child, a parent, or a household member of the parent; and (b) whether parent-time is likely to endanger the minor child's health or physical or psychological safety. (4) A court may consider the following when ordering a parent-time schedule: (a) evidence of coercive control; (b) evidence of psychological maltreatment; (c) the distance between the residency of the minor child and the noncustodial parent; (d) the lack of demonstrated parenting skills without safeguards to ensure the minor child's well-being during parent-time; (e) the financial inability of the noncustodial parent to provide adequate food and shelter for the minor child during periods of parent-time; (f) the preference of the minor child if the court determines the minor child is of sufficient maturity; (g) the incarceration of the noncustodial parent in a county jail, secure youth corrections facility, or an adult corrections facility; (h) shared interests between the minor child and the noncustodial parent; (i) the involvement or lack of involvement of the noncustodial parent in the school, community, religious, or other related activities of the minor child; (j) the availability of the noncustodial parent to care for the minor child when the custodial parent is unavailable to do so because of work or other circumstances; (k) a substantial and chronic pattern of missing, canceling, or denying regularly scheduled parent-time; (l) the minimal duration of and lack of significant bonding in the parents' relationship before the conception of the minor child; (m) the parent-time schedule of siblings; (n) the lack of reasonable alternatives to the needs of a nursing minor child; and (o) any other criteria the court determines relevant to the best interests of the minor child. (5) The court shall enter the reasons underlying the court's order for parent-time that: (a) incorporates a parent-time schedule described in Section 81-9-302 or 81-9-304; or (b) provides more or less parent-time than a parent-time schedule described in Section 81-9-302 or 81-9-304. (6) A court may not order a parent-time schedule unless the court determines by a preponderance of the evidence that the parent-time schedule is in the best interest of the minor child. (7) (a) If the court orders parent-time and a protective order or stalking injunction is still in place, the court shall consider whether to order the parents to conduct parent-time pick-up and transfer through a third party. (b) The parent who is the stated victim in the protective order or stalking injunction may submit to the court, and the court shall consider, the name of a person considered suitable to act as the third party. (c) If the court orders the parents to conduct parent-time through a third party, the parenting plan shall specify the time, day, place, manner, and the third party to be used to implement the exchange. (8) If there is a protective order, stalking injunction, or the court finds that a parent has committed domestic violence, the court shall: (a) consider the impact of domestic violence in awarding parent-time; and (b) make specific findings regarding the award of parent-time. (9) Upon a specific finding by the court of the need for peace officer enforcement, the court may include a provision in an order for parent-time that authorizes a peace officer to enforce the order for parent-time. (10) When parent-time has not taken place for an extended period of time and the minor child lacks an appropriate bond with the noncustodial parent, both parents shall: (a) consider the possible adverse effects upon the minor child; and (b) gradually reintroduce an appropriate parent-time plan for the noncustodial parent. (11) If a court enters an order establishing a parent-time schedule for a minor child: (a) the court order governs the parent-time schedule for the minor child; and (b) an amendment to this chapter does not modify the parent-time schedule unless the court orders otherwise. (12) Once a parent-time schedule has been established for a minor child, the parties may only modify the parent-time schedule if: (a) there is mutual consent of the parties to the modification that is in writing and signed by both parties; or (b) the court modifies the parent-time schedule in a new order.
Utah Code § 81-8-211 — Utah Code / Title 81 / Chapter 81-8 / § 81-8-211
§ 81-8-211. Continuing, exclusive jurisdiction to modify spousal support order.
Status: in_force

(1) A tribunal of this state issuing a spousal support order consistent with the law of this state has continuing, exclusive jurisdiction to modify the spousal support order throughout the existence of the support obligation. (2) A tribunal of this state may not modify a spousal support order issued by a tribunal of another state or foreign country having continuing, exclusive jurisdiction over that order under the law of that state or foreign country. (3) A tribunal of this state that has continuing, exclusive jurisdiction over a spousal support order may serve as: (a) an initiating tribunal to request a tribunal of another state to enforce the spousal support order issued in this state; or (b) a responding tribunal to enforce or modify the tribunal's own spousal support order.
Utah Code § 81-10-104 — Utah Code / Title 81 / Chapter 81-10 / § 81-10-104
§ 81-10-104. Notification required of deploying parent.
Status: in_force

(1) (a) Except as otherwise provided in Subsection (4) and subject to Subsection (3), a deploying parent shall in a record notify the other parent of a pending deployment not later than seven days after receiving notice of deployment unless reasonably prevented from doing so by the circumstances of service. (b) If the circumstances of service prevent giving notification within the seven days, the deploying parent shall give the notification as soon as reasonably possible. (2) (a) Except as otherwise provided in Subsection (4) and subject to Subsection (3), each parent shall in a record provide the other parent with a plan for fulfilling that parent's share of custodial responsibility during deployment. (b) Each parent shall provide the plan as soon as reasonably possible after notification of deployment is given under Subsection (1). (3) (a) If a court order currently in effect prohibits disclosure of the address or contact information of the other parent, notification of deployment under Subsection (1), or notification of a plan for custodial responsibility during deployment under Subsection (2), may be made only to the issuing court. (b) If the address of the other parent is available to the issuing court, the court shall forward the notification to the other parent. (c) The court shall keep confidential the address or contact information of the other parent. (4) Notification in a record under Subsection (1) or (2) is not required if the parents are living in the same residence and both parents have actual notice of the deployment or plan. (5) In a proceeding regarding custodial responsibility, a court may consider the reasonableness of a parent's efforts to comply with this section.
Utah Code § 81-6-205 — Utah Code / Title 81 / Chapter 81-6 / § 81-6-205
§ 81-6-205. Sole physical custody -- Obligation calculations -- Change in physical custody.
Status: in_force

(1) This section applies to a case in which a parent, or another person, is awarded sole physical custody of the children. (2) Except as provided in Subsections (3) and (4), the court or administrative agency shall determine the base child support award for each parent by: (a) dividing each parent's monthly adjusted gross income by the combined monthly adjusted gross income to determine each parent's percentage; and (b) multiplying each parent's percentage by the base combined child support obligation that is calculated as described in Subsection 81-6-204(1). (3) (a) If the base combined child support obligation is $0, the court or administrative agency shall establish the base child support award for each parent by: (i) determining the individual monthly adjusted gross income for the parent; (ii) locating the amount of the base child support award in the low income table by finding: (A) the monthly adjusted gross income for the parent in the low income table; and (B) the number of children in common with the parents. (b) The corresponding amount in the low income table is the base child support award for that parent. (4) (a) If a parent's individual monthly adjusted gross income is less than the highest amount of monthly adjusted gross income shown in the low income table, the court or administrative agency shall determine that the base child support award is the lesser of: (i) the amount calculated using the base combined child support obligation table as described in Subsection (2); and (ii) the amount calculated using the low income table as described in Subsection (3). (b) If the monthly adjusted gross income of a parent is found in an area of the low income table in which no amount is shown, the court or administrative agency shall determine the base child support award by using the amount listed in the base combined child support obligation table and calculated as described in Subsection (2). (5) A base child support award in a sole physical custody case may not be less than $30. (6) The amounts calculated under this section are rebuttable as described in Section 81-6-202. (7) A parent without sole physical custody of the children is an obligor and is required to pay the amount of child support calculated under this section. (8) (a) When physical custody of a child changes after the original child support order, the parent without physical custody of the child is required to pay the amount of child support calculated under this section, without the need to modify the order, to: (i) the parent who has physical custody of the child; (ii) a relative to whom physical custody of the child has been voluntarily given; or (iii) the state when the child is residing outside of the home in the protective custody, temporary custody, or care of the state or a state-licensed facility for at least 30 days. (b) When physical custody of a child changes from the physical custody that is assumed in the original child support order calculated under this section, the modification of the child support order is not necessary even if only one parent is specifically ordered to pay in the child support order.