Utah Code § 81-5-701 — Utah Code / Title 81 / Chapter 81-5 / § 81-5-701
§ 81-5-701. Scope.
Status: in_force

This part does not apply to the birth of a child conceived by means of sexual intercourse or as result of a gestational agreement described in Part 8, Gestational Agreement.
Utah Code § 81-10-306 — Utah Code / Title 81 / Chapter 81-10 / § 81-10-306
§ 81-10-306. Grant of caretaking or decision-making authority to nonparent.
Status: in_force

(1) On motion of a deploying parent and in accordance with the law of this state other than this chapter, if it is in the best interest of the child a court may grant caretaking authority to a nonparent who is an adult family member of the child with whom the child has a close and substantial relationship. (2) Unless a grant of caretaking authority to a nonparent under Subsection (1) is agreed to by the other parent, the grant is limited to an amount of time not greater than: (a) the amount of time granted to the deploying parent under a permanent custody order, but the court may add unusual travel time necessary to transport the child; or (b) in the absence of a permanent custody order that is currently in effect, the amount of time that the deploying parent habitually cared for the child before being notified of deployment, but the court may add unusual travel time necessary to transport the child. (3) (a) A court may grant part of a deploying parent's decision-making authority, if the deploying parent is unable to exercise that authority, to a nonparent who is an adult family member of the child with whom the child has a close and substantial relationship. (b) If a court grants the authority to a nonparent, the court shall specify the decision-making powers granted, including decisions regarding the child's education, religious training, health care, extracurricular activities, and travel.
Utah Code § 81-14-205 — Utah Code / Title 81 / Chapter 81-14 / § 81-14-205
§ 81-14-205. Prohibited soliciting or advertising.
Status: in_force

(1) A person may not solicit or advertise to: (a) find a person to which to make a transfer of custody in violation of Subsection 81-14-203(1); (b) identify a minor child for a transfer of custody in violation of Subsection 81-14-203(3); or (c) act as an intermediary in a transfer of custody in violation of Subsection 81-14-203(3). (2) A violation of this section is a class B misdemeanor.
Utah Code § 81-2-403 — Utah Code / Title 81 / Chapter 81-2 / § 81-2-403
§ 81-2-403. Marriages prohibited and void.
Status: in_force

(1) A marriage is prohibited and void if: (a) there is a spouse living from whom the individual marrying has not been divorced; (b) except as provided in Subsection (2), the individual marrying is under 18 years old; or (c) between a divorced individual and any individual other than the one from whom the divorce was secured until: (i) the divorce decree becomes absolute; and (ii) if an appeal is taken, until after the affirmance of the divorce decree. (2) A marriage of an individual under 18 years old is not void if the individual: (a) is 16 or 17 years old and obtains consent from a parent or guardian and juvenile court authorization in accordance with Section 81-2-304; or (b) lawfully marries before May 14, 2019.
Utah Code § 81-5-901 — Utah Code / Title 81 / Chapter 81-5 / § 81-5-901
§ 81-5-901. Uniformity of application and construction of this chapter.
Status: in_force

(1) This chapter is a uniform law. (2) In applying and construing this chapter, consideration shall be given to the need to promote uniformity of the law with respect to the uniform law's subject matter among the states that enact this uniform law.
Utah Code § 81-14-302 — Utah Code / Title 81 / Chapter 81-14 / § 81-14-302
§ 81-14-302. Scope.
Status: in_force

This part applies to placement for adoption of a minor child who: (1) has been or is in foster or institutional care; (2) previously has been adopted in a state; (3) has been or is being adopted under the law of a foreign country; (4) has come or is coming to a state from a foreign country to be adopted; (5) is not a citizen of the United States; (6) has an attachment or trauma-related disorder; or (7) suffered from prenatal exposure to alcohol or drugs.
Utah Code § 81-5-801 — Utah Code / Title 81 / Chapter 81-5 / § 81-5-801
§ 81-5-801. Gestational agreement authorized.
Status: in_force

(1) A prospective gestational mother, the prospective gestational mother's spouse if the prospective gestational mother is married, a donor or the donors, and the intended parents may enter into a written agreement providing that: (a) the prospective gestational mother agrees to pregnancy by means of assisted reproduction; (b) the prospective gestational mother, the prospective gestational mother's spouse if the prospective gestational mother is married, and the donors relinquish all rights and duties as the parents of a child conceived through assisted reproduction; and (c) the intended parents become the parents of the child. (2) The intended gestational mother may not currently be receiving Medicaid or any other state assistance. (3) (a) The intended parents shall be married. (b) Both intended parents must be parties to the gestational agreement. (4) A gestational agreement is enforceable only if validated as provided in Section 81-5-803. (5) A gestational agreement does not apply: (a) to the birth of a child conceived by means of sexual intercourse; or (b) if neither intended parent is a donor. (6) The parties to a gestational agreement shall be 21 years old or older. (7) The gestational mother's eggs may not be used in the assisted reproduction procedure. (8) If the gestational mother is married, the gestational mother's spouse's sperm or eggs may not be used in the assisted reproduction procedure.
Utah Code § 81-8-707 — Utah Code / Title 81 / Chapter 81-8 / § 81-8-707
§ 81-8-707. Contest of registered convention support order.
Status: in_force

(1) Except as otherwise provided in this part, Sections 81-8-605 through 81-8-608 apply to a contest of a registered convention support order. (2) A party contesting a registered convention support order shall file a contest not later than 30 days after notice of the registration, but if the contesting party does not reside in the United States, the contest shall be filed not later than 60 days after notice of the registration. (3) If the nonregistering party fails to contest the registered convention support order by the time specified in Subsection (2), the order is enforceable. (4) (a) A contest of a registered convention support order may be based only on grounds set forth in Section 81-8-708. (b) The contesting party bears the burden of proof. (5) In a contest of a registered convention support order, a tribunal of this state: (a) is bound by the findings of fact on which the foreign tribunal based its jurisdiction; and (b) may not review the merits of the order. (6) A tribunal of this state deciding a contest of a registered convention support order shall promptly notify the parties of the tribunal's decision. (7) A challenge or appeal, if any, does not stay the enforcement of a convention support order unless there are exceptional circumstances.
Utah Code § 81-6-101 — Utah Code / Title 81 / Chapter 81-6 / § 81-6-101
§ 81-6-101. Definitions for chapter.
Status: in_force

As used in this chapter: (1) "Administrative agency" means the Office of Recovery Services or the Department of Health and Human Services. (2) "Administrative order" means the same as that term is defined in Section 26B-9-201. (3) "Alimony" means the same as that term is defined in Section 81-4-101. (4) "Base child support award" means the award that may be ordered and is calculated using the child support guidelines before additions for medical expenses and work-related child care costs. (5) "Base combined child support obligation" means the presumed amount of child support that the parents should provide for their child as described in Subsection 81-6-204(1). (6) "Base combined child support obligation table" means the table described in Section 81-6-304. (7) "Child" means: (a) a son or daughter who is under 18 years old and who is not otherwise emancipated, self-supporting, married, or a member of the armed forces of the United States; (b) a son or daughter who is 18 years old or older while enrolled in high school during the normal and expected year of graduation and not otherwise emancipated, self-supporting, married, or a member of the armed forces of the United States; or (c) a son or daughter of any age who is incapacitated from earning a living and, if able to provide some financial resources to the family, is not able to support self by own means. (8) (a) "Child support" means a base child support award, or a monthly financial award for uninsured medical expenses, ordered by a tribunal for the support of a child. (b) "Child support" includes current periodic payments, arrearages that accrue under an order for current periodic payments, and sum certain judgments awarded for arrearages, medical expenses, and child care costs. (9) "Child support guidelines" means the calculation and application of child support as described in Part 2, Calculation and Adjustment of Child Support. (10) "Child support order" means a judgment, decree, or order issued by a tribunal whether temporary, final, or subject to modification, that: (a) establishes or modifies child support; (b) reduces child support arrearages to judgment; or (c) establishes child support or registers a child support order under Chapter 8, Uniform Interstate Family Support Act. (11) "Child support tables" means the tables described in Sections 81-6-304 and 81-6-305. (12) "Child support services" means the same as that term is defined in Section 26B-9-101. (13) "Gross income" means the amount of income calculated for a parent as described in Section 81-6-203. (14) "Health care coverage" means coverage under which medical services are provided to a child through: (a) fee for service; (b) a health maintenance organization; (c) a preferred provider organization; (d) any other type of private health insurance; or (e) public health care coverage. (15) (a) "Incarceration" means the placement of an obligor who has been ordered to pay child support into a carceral setting in which the obligor is not permitted to earn wages from employment outside of the carceral setting. (b) "Incarceration" does not include being placed on probation, parole, or work release. (16) (a) "Income" means earnings, compensation, or other payment due to an individual, regardless of source, whether denominated as wages, salary, commission, bonus, pay, allowances, contract payment, or otherwise, including severance pay, sick pay, and incentive pay. (b) "Income" includes: (i) all gain derived from capital assets, labor, or both, including profit gained through sale or conversion of capital assets; (ii) interest and dividends; (iii) periodic payments made under pension or retirement programs or insurance policies of any type; (iv) unemployment compensation benefits; (v) workers' compensation benefits; and (vi) disability benefits. (17) "Joint physical custody" means the same as that term is defined in Section 81-9-101. (18) "Low income table" means the table described in Section 81-6-305. (19) "Medical expenses" means health and dental expenses and related insurance costs. (20) "Minimal child care award" means a minimum amount that an obligor has to pay each month for the monthly expense of child care. (21) "Minor child" means a child who is younger than 18 years old. (22) "Obligee" means an individual, this state, another state, or another comparable jurisdiction to whom child support is owed or who is entitled to reimbursement of child support or public assistance. (23) "Obligor" means a person owing a duty of support. (24) "Office" means the Office of Recovery Services within the Department of Health and Human Services. (25) "Ongoing expense for child care" means a periodic payment that an administrative agency or court orders an obligor parent to pay to assist with the child care expenses of the obligor parent's child. (26) "Pregnancy expenses" means an amount equal to: (a) the sum of a pregnant mother's: (i) health insurance premiums while pregnant that are not paid by an employer or government program; and (ii) medical costs related to the pregnancy, incurred after the date of conception and before the pregnancy ends; and (b) minus any portion of the amount described in Subsection (26)(a) that a court determines is equitable based on the totality of the circumstances, not including any amount paid by the mother or father of the child. (27) "Split custody" means that each parent has physical custody of at least one of the children. (28) "State" means a state, territory, possession of the United States, the District of Columbia, the Commonwealth of Puerto Rico, Native American tribe, or other comparable domestic or foreign jurisdiction. (29) "Support" means past-due, present, and future obligations to provide for the financial support, maintenance, or medical expenses of a child. (30) "Support order" means: (a) a child support order; or (b) a judgment, decree, or order by a tribunal, whether temporary, final, or subject to modification, for alimony. (31) "Suspension" means adjusting a child support order to zero dollars during the period of an obligor's incarceration. (32) "Temporary" means a period of time that is projected to be less than 12 months in duration. (33) "Third party" means an agency or a person other than a parent or a child who provides care, maintenance, and support to a child. (34) "Tribunal" means the district court, the Department of Health and Human Services, Office of Recovery Services, or court or administrative agency of a state, territory, possession of the United States, the District of Columbia, the Commonwealth of Puerto Rico, Native American tribe, or other comparable domestic or foreign jurisdiction. (35) "Work-related child care expenses" means reasonable child care costs for up to a full-time work week or training schedule as necessitated by the employment or training of a parent. (36) "Worksheet" means a form used to aid in calculating the base child support award.
Utah Code § 81-8-902 — Utah Code / Title 81 / Chapter 81-8 / § 81-8-902
§ 81-8-902. Transitional provision.
Status: in_force

This chapter applies to proceedings begun on or after July 1, 2015: (1) to establish a support order or determine parentage of a child; or (2) to register, recognize, enforce, or modify a prior support order, determination, or agreement, whenever issued or entered.
Utah Code § 81-11-311 — Utah Code / Title 81 / Chapter 81-11 / § 81-11-311
§ 81-11-311. Writ to take physical custody of child.
Status: in_force

(1) Upon the filing of a petition seeking enforcement of a child custody determination, the petitioner may file a verified application for the issuance of a writ of assistance to take physical custody of the minor child if the minor child is likely to suffer serious imminent physical harm or removal from this state. (2) (a) If the court, upon the testimony of the petitioner or other witness, finds that the minor child is likely to suffer serious imminent physical harm or be imminently removed from this state, the court may issue a writ of assistance to take physical custody of the minor child. (b) The petition shall be heard within 72 hours after the writ is executed. (c) The writ shall include the statements required by Subsection 81-11-308(2). (3) A writ to take physical custody of a minor child shall: (a) recite the facts upon which a conclusion of serious imminent physical harm or removal from the jurisdiction is based; (b) direct law enforcement officers to take physical custody of the minor child immediately; and (c) provide for the placement of the minor child pending final relief. (4) The respondent shall be served with the petition, writ, and order immediately after the minor child is taken into physical custody. (5) (a) A writ of assistance to take physical custody of a minor child is enforceable throughout this state. (b) If the court finds on the basis of the testimony of the petitioner or other witness that a less intrusive remedy is not effective, the court may authorize law enforcement officers to enter private property to take physical custody of the minor child. (c) If required by the exigency of the case, the court may authorize law enforcement officers to make a forcible entry at any hour. (6) The court may impose conditions upon placement of a minor child to ensure the appearance of the minor child and the minor child's custodian.
Utah Code § 81-1-202 — Utah Code / Title 81 / Chapter 81-1 / § 81-1-202
§ 81-1-202. Court records in a domestic relations action.
Status: in_force

(1) (a) In an action under this title, a party may file a motion to have the records of the action other than the final judgment, order, or decree, classified as private. (b) If the court finds that there are substantial interests favoring restricting access that clearly outweigh the interests favoring access, the court may classify the records of the action, or any part of the records of the action, other than the final order, judgment, or decree, as private. (c) An order classifying part of the records of the action as private does not apply to subsequent filings. (d) The record of an action is private until the court determines it is possible to release the record without prejudice to the interests that justified the closure. (2) (a) Any interested person may petition the court to permit access to a record classified as private as described in Subsection (1). (b) The interested person described in Subsection (2)(a) shall serve the petition on the parties to the closure order. (3) A party shall place the social security number of any individual, who is the subject of an action under this title, in the records relating to the matter.
Utah Code § 81-6-213 — Utah Code / Title 81 / Chapter 81-6 / § 81-6-213
§ 81-6-213. Automatic adjustment of base child support award.
Status: in_force

(1) As used in this section, "emancipated" means: (a) the child becomes 18 years old or graduates from high school during the child's normal and expected year of graduation, whichever occurs later; (b) the child dies, marries, or becomes a member of the armed forces of the United States; (c) the child is emancipated in accordance with Title 80, Chapter 7, Emancipation; or (d) the obligor's parental rights are terminated by a court in accordance with Title 80, Chapter 4, Termination and Restoration of Parental Rights. (2) Except as otherwise provided in the child support order, the base child support award is automatically adjusted to the base child support award for the remaining number of children due child support, without the need to modify the most recent child support order by a court, when a child is emancipated. (3) The base child support award is adjusted as described in Subsection (2) by using: (a) the child support table that was used to establish the most recent child support order; and (b) the income of the parties as specified in the most recent child support order or the worksheets. (4) The base child support award may not be reduced by a per child amount derived from the base child support award originally ordered. (5) If the incomes of the parties are not specified in the most recent child support order or the worksheets, the information regarding the incomes is not consistent, or the order deviates from the child support guidelines, the base child support award is not automatically adjusted under Subsection (2) and the child support order will continue until modified by the issuing tribunal. (6) If the child support order is deviated and the parties subsequently obtain a court order that adjusts the amount of child support back to the date of the emancipation of the child, the office may not be required to repay any difference in the child support collected during the interim.
Utah Code § 81-8-601 — Utah Code / Title 81 / Chapter 81-8 / § 81-8-601
§ 81-8-601. Registration of order for enforcement.
Status: in_force

A support order or income-withholding order issued in another state, or a foreign support order, may be registered in this state for enforcement.
Utah Code § 81-14-204 — Utah Code / Title 81 / Chapter 81-14 / § 81-14-204
§ 81-14-204. Authority and responsibility of the Division of Child and Family Services.
Status: in_force

(1) If the Division of Child and Family Services has a reasonable basis to believe that a person has transferred or will transfer custody of a minor child in violation of Subsection 81-14-203(1), the Division of Child and Family Services may conduct a home visit as provided by other law of this state and take appropriate action to protect the welfare of the minor child. (2) If the Division of Child and Family Services conducts a home visit for a minor child adopted or placed through an intercountry adoption, the Division of Child and Family Services shall: (a) prepare a report on the welfare and plan for permanent placement of the minor child; and (b) provide a copy of the report to the United States Department of State. (3) This chapter does not prevent the Division of Child and Family Services from taking appropriate action under law of this state.
Utah Code § 81-5-611 — Utah Code / Title 81 / Chapter 81-5 / § 81-5-611
§ 81-5-611. Proceeding before birth.
Status: in_force

(1) A proceeding to determine parentage may be commenced before the birth of the child, but may not be concluded until after the birth of the child. (2) The following actions may be taken before the birth of the child: (a) service of process; (b) discovery; and (c) except as prohibited by Section 81-5-502, collection of specimens for genetic testing.
Utah Code § 81-9-104 — Utah Code / Title 81 / Chapter 81-9 / § 81-9-104
§ 81-9-104. Expert evidence -- Violence or abuse findings -- Child relationship and reunification -- Court-ordered mental health treatment.
Status: in_force

(1) As used in this section: (a) (i) "Child custody proceeding" means a civil proceeding between the parents of a minor child that involves the care or custody of the minor child, including proceedings involving: (A) divorce; (B) separation; (C) parent-time; (D) paternity; (E) child support; or (F) legal or physical custody of the minor child. (ii) "Child custody proceeding" does not include: (A) a child protective, abuse, or neglect proceeding; (B) a juvenile justice proceeding; or (C) a child placement proceeding in which a state, local, or tribal government, a designee of such a government, or any contracted child welfare agency or child protective services agency of such a government is a party to the proceeding. (b) "Forensic" means professional activities undertaken in accordance with a court order or for use in litigation, including the evaluation or treatment of a parent, minor child, or other individual who is involved in a child custody proceeding. (c) "Reunification treatment" means a treatment or therapy aimed at reuniting or reestablishing a relationship between a minor child and an estranged or rejected parent or other family member of the minor child. (2) In a child custody proceeding, if a parent is alleged to have committed domestic violence or abuse, including sexual abuse: (a) the court may admit expert evidence from a court-appointed or outside professional relating to alleged domestic violence or abuse only if the professional possesses demonstrated expertise and adequate experience in working with victims of domestic violence or abuse, including sexual abuse, that is not solely of a forensic nature; and (b) in making a finding regarding an allegation of domestic violence or abuse, including sexual abuse, the court shall consider evidence of past domestic violence, sexual violence, or abuse committed by the accused parent, including: (i) any past or current protective order against the accused parent; or (ii) any charge, arrest, or conviction of the accused parent for domestic violence, sexual violence, or abuse. (3) Subsection (2) does not preclude the court from: (a) admitting expert evidence, subject to rules of evidence, from a court-appointed or outside professional relating to issues other than alleged domestic violence or abuse; or (b) admitting evidence, subject to rules of evidence, that is discovered or otherwise becomes available through treatment or therapy after the court enters an order of custody or parent-time. (4) As part of a child custody proceeding, a court may not, solely to improve a deficient relationship between a parent and a minor child, including in the context of reunification treatment: (a) remove the minor child from a parent or litigating party: (i) who is competent and not physically or sexually abusive; and (ii) with whom the minor child is bonded; or (b) restrict reasonable contact between the minor child and a parent or litigating party: (i) who is competent and not physically or sexually abusive; and (ii) with whom the minor child is bonded. (5) As part of a child custody proceeding where the court has reasonable cause to believe that there is domestic violence, child abuse, or an ongoing risk to the child: (a) a court may not order a reunification treatment or program unless there is generally accepted proof: (i) of the physical and psychological safety, effectiveness, and therapeutic value of the reunification treatment; and (ii) that the reunification treatment is not associated with causing harm to a child; (b) a court may not order a reunification treatment that is predicated on cutting off a minor child from a parent: (i) who is competent and not physically or sexually abusive; and (ii) with whom the minor child is bonded; (c) any order to remediate the resistance of a minor child to have contact with a violent or abusive parent shall primarily address the behavior of that parent or the contributions of that parent to the resistance of the minor child; and (d) any order to a parent who meets the criteria in Subsections (5)(b)(i) and (ii), and that requires the parent to take steps to potentially improve the minor child's relationship with a violent or abusive parent, shall: (i) prioritize the minor child's physical and psychological safety and needs; and (ii) be narrowly tailored to address specific behavior. (6) Subject to Subsection (4), Subsection (5) does not preclude the court from ordering mental health treatment by a licensed mental health professional that is generally accepted by and meets the standards of practice for mental health professions if: (a) the court does not have reasonable cause to believe that there is domestic violence, child abuse, or an ongoing risk to the child; and (b) the treatment does not pose a risk to the child or parent. (7) (a) Except as provided in Subsection (7)(b), the parents shall, by mutual agreement, select a licensed mental health professional to provide mental health treatment if the court orders mental health treatment that includes treatment of a minor child. (b) If the parents cannot agree on a licensed mental health professional to provide mental health treatment ordered by the court: (i) each parent shall submit to the court: (A) a list of three licensed mental health professionals the parent recommends to provide the mental health treatment; (B) a brief statement explaining each mental health professional's qualifications to provide the mental health treatment; and (C) a brief statement verifying that, to the best of the parent's knowledge, the mental health professional does not have a conflict of interest with either parent or counsel for either parent; and (ii) the court shall select a licensed mental health professional from the lists to provide the mental health treatment. (c) (i) When a court is required to select a licensed mental health professional as described in Subsection (7)(b), the court shall: (A) consider the financial ability of each parent required to participate in or pay for the mental health treatment; (B) order mental health treatment with an in-network provider if coverage is available through an in-network provider under a health insurance plan of the minor child required to participate in mental health treatment; and (C) to the extent practicable, select a mental health professional located near the minor child ordered to participate in mental health treatment, or near the parent primarily responsible for transporting the minor child to mental health treatment. (ii) If the court has previously granted one of the parents exclusive or primary authority to make medical decisions for the minor child, the court shall select a mental health professional recommended by that parent, unless the court finds good cause not to give preference to that parent's recommended mental health professional. (8) (a) When ordering mental health treatment that includes treatment of a minor child: (i) the court may not require: (A) the mental health professional ordered to provide the mental health treatment to be affiliated with a specific professional organization; or (B) a minor child to miss school during regular school hours to attend mental health treatment, unless the court determines no reasonable alternative exists; and (ii) the court may require the mental health professional to have the training necessary to maintain the state licensure required to provide the mental health treatment. (9) (a) A mental health professional who provides mental health treatment to a minor child involved in a child custody proceeding may not serve in any other professional capacity in the child custody proceeding if doing so creates, or appears to create, a conflict of interest. (b) Subsection (9)(a) applies regardless of whether the mental health treatment was ordered by the court or obtained without a court order.
Utah Code § 81-8-210 — Utah Code / Title 81 / Chapter 81-8 / § 81-8-210
§ 81-8-210. Application of chapter to nonresident subject to personal jurisdiction.
Status: in_force

(1) A tribunal of this state exercising personal jurisdiction over a nonresident in a proceeding under this chapter, under other law of this state relating to a support order, or recognizing a foreign support order may: (a) receive evidence from outside this state in accordance with Section 81-8-316; (b) communicate with a tribunal outside this state in accordance with Section 81-8-317; and (c) obtain discovery through a tribunal outside this state in accordance with Section 81-8-318. (2) In all other respects, 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, do not apply and the tribunal shall apply the procedural and substantive law of this state.
Utah Code § 81-4-404 — Utah Code / Title 81 / Chapter 81-4 / § 81-4-404
§ 81-4-404. Allegations of child abuse or child sexual abuse in a divorce proceeding -- Investigation.
Status: in_force

(1) When an allegation of child abuse or child sexual abuse is made in a divorce proceeding, or a request for modification of a divorce decree, that implicates a party, the court, after making an inquiry, may order that an investigation be conducted by the Division of Child and Family Services in accordance with Title 80, Chapter 2, Child Welfare Services, and Title 80, Chapter 2a, Removal and Protective Custody of a Child. (2) A final award of custody or parent-time may not be rendered until a report on that investigation, consistent with Section 80-2-1005, is received by the court. (3) The Division of Child and Family Services shall conduct an investigation described in Subsection (1) within 30 days of the court's notice and request for an investigation. (4) In reviewing a report described in Subsection (2), the court shall comply with Sections 78A-2-703, 78A-2-705, and 81-5-612.
Utah Code § 81-8-503 — Utah Code / Title 81 / Chapter 81-8 / § 81-8-503
§ 81-8-503. Employer's compliance with two or more income-withholding orders.
Status: in_force

If an obligor's employer receives two or more income-withholding orders with respect to the earnings of the same obligor, the employer satisfies the terms of the multiple orders if the employer complies with the law of the state of the obligor's principal place of employment to establish the priorities for the withholding and allocating income withheld for two or more child support obligees.
Utah Code § 81-5-619 — Utah Code / Title 81 / Chapter 81-5 / § 81-5-619
§ 81-5-619. Adjudication of parentage -- Hearings -- Inspection of records.
Status: in_force

(1) On request of a party and for good cause shown, the tribunal may close a proceeding under this part. (2) A final order in a proceeding under this part is available for public inspection. (3) Other papers and records are available only with the consent of the parties or on order of the tribunal for good cause.
Utah Code § 81-8-309 — Utah Code / Title 81 / Chapter 81-8 / § 81-8-309
§ 81-8-309. Private counsel.
Status: in_force

An individual may employ private counsel to represent the individual in proceedings authorized by this chapter.
Utah Code § 81-6-214 — Utah Code / Title 81 / Chapter 81-6 / § 81-6-214
§ 81-6-214. Accountability of support provided to benefit child -- Accounting.
Status: in_force

(1) The court or administrative agency that issues the initial or modified order for child support may, upon the petition of the obligor, order prospectively the obligee to furnish an accounting of amounts provided for the child's benefit to the obligor, including an accounting or receipts. (2) The court or administrative agency may prescribe the frequency and the form of the accounting, including receipts. (3) The obligor may petition for the accounting only if current on all child support that has been ordered.
Utah Code § 81-8-315 — Utah Code / Title 81 / Chapter 81-8 / § 81-8-315
§ 81-8-315. Nonparentage as defense.
Status: in_force

A party whose parentage of a child has been previously determined by or pursuant to law may not plead nonparentage as a defense to a proceeding under this chapter.
Utah Code § 81-8-204 — Utah Code / Title 81 / Chapter 81-8 / § 81-8-204
§ 81-8-204. Simultaneous proceedings in another state.
Status: in_force

(1) A tribunal of this state may exercise jurisdiction to establish a support order if the petition or comparable pleading is filed after a pleading is filed in another state or a foreign country only if: (a) the petition or comparable pleading in this state is filed before the expiration of the time allowed in the other state or the foreign country for filing a responsive pleading challenging the exercise of jurisdiction by the other state or the foreign country; (b) the contesting party timely challenges the exercise of jurisdiction in the other state or the foreign country; and (c) if relevant, this state is the home state of the child. (2) A tribunal of this state may not exercise jurisdiction to establish a support order if the petition or comparable pleading is filed before a petition or comparable pleading is filed in another state or a foreign country if: (a) the petition or comparable pleading in the other state or foreign country is filed before the expiration of the time allowed in this state for filing a responsive pleading challenging the exercise of jurisdiction by this state; (b) the contesting party timely challenges the exercise of jurisdiction in this state; and (c) if relevant, the other state or foreign country is the home of the child.
Utah Code § 81-6-207 — Utah Code / Title 81 / Chapter 81-6 / § 81-6-207
§ 81-6-207. Split physical custody -- Obligation calculations.
Status: in_force

(1) This section applies to a case in which the parents are awarded split physical custody of the children. (2) If the base combined child support obligation that is calculated as described in Subsection 81-6-204(1) is $0, the base child support award for each parent is $0. (3) If the base combined child support obligation that is calculated as described in Subsection 81-6-204(1) is greater than $0, the court shall determine the base child support award by: (a) dividing the number of children with each parent by the combined number of children to calculate each parent's percentage of children; (b) dividing each parent's monthly adjusted gross income by the combined monthly adjusted gross income to calculate each parent's percentage of the combined monthly adjusted gross income; (c) multiplying each parent's percentage of the combined monthly adjusted gross income by the base combined child support obligation to calculate each parent's share of the base combined child support obligation; (d) multiplying each parent's share of the base combined child support obligation by the other parent's percentage of children to determine the individual child support obligations for each parent; and (e) subtracting the lesser individual child support obligation from the higher individual child support obligation to reach the base child support award. (4) The parent with the higher individual child support obligation is the parent required to pay the base child support award calculated under Subsection (3).
Utah Code § 81-14-101 — Utah Code / Title 81 / Chapter 81-14 / § 81-14-101
§ 81-14-101. Definitions.
Status: in_force

As used in this chapter: (1) (a) "Child-placing agency" means a person with authority under other law of this state to identify or place a minor child for adoption. (b) "Child-placing agency" does not include a parent of a minor child. (2) "Custody" means the exercise of physical care and supervision of a minor child. (3) (a) "Intercountry adoption" means an adoption or placement for adoption of a minor child who resides in a foreign country at the time of adoption or placement. (b) "Intercountry adoption" includes an adoption finalized in the minor child's country of residence or in a state. (4) "Person" means an individual, estate, business or nonprofit entity, public corporation, government or governmental subdivision, agency, or instrumentality, or other legal entity. (5) "Record" means information: (a) inscribed on a tangible medium; or (b) stored in an electronic or other medium and retrievable in perceivable form. (6) (a) "State" means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any other territory or possession subject to the jurisdiction of the United States. (b) "State" includes a federally recognized Indian tribe.
Utah Code § 81-15-115 — Utah Code / Title 81 / Chapter 81-15 / § 81-15-115
§ 81-15-115. Confirmation of award.
Status: in_force

(1) After an arbitrator gives notice under Subsection 81-15-114(2) of an award, including an award corrected under Section 81-15-116, a party may move the court for an order confirming the award. (2) Except as otherwise provided in Subsection (3), the court shall confirm an award under this chapter if: (a) the parties agree in a record to confirmation; or (b) the time has expired for making a motion, and no motion is pending, under Section 81-15-117 or 81-15-118. (3) If an award determines a child-related dispute, the court shall confirm the award under Subsection (2) if the court finds, after a review of the record if necessary, that the award on the award's face: (a) complies with Section 81-15-114 and the law of this state, other than this chapter, governing a child-related dispute; and (b) is in the best interests of the minor child. (4) On confirmation, an award under this chapter is enforceable as a judgment.
Utah Code § 81-3-104 — Utah Code / Title 81 / Chapter 81-3 / § 81-3-104
§ 81-3-104. Married individual's right to wages -- Actions for personal injury.
Status: in_force

(1) A married individual may: (a) receive the wages for the individual's personal labor as if unmarried; (b) maintain an action in the individual's own name and hold the same in the individual's own right as if unmarried; and (c) prosecute and defend all actions for the preservation and protection of the individual's rights and property as if unmarried. (2) A husband does not have a right of recovery: (a) on account of personal injury or wrong to the husband's wife; or (b) for expenses connected with the personal injury or wrong to the husband's wife. (3) (a) A wife may recover against a third person for a personal injury or wrong to the wife as if unmarried. (b) A recovery shall include expenses of medical treatment and other expenses paid or assumed by the husband.
Utah Code § 81-5-204 — Utah Code / Title 81 / Chapter 81-5 / § 81-5-204
§ 81-5-204. Presumption of parentage.
Status: in_force

(1) A man is presumed to be the father of a child if: (a) the man and the birth mother of the child are married to each other and the child is born during the marriage; (b) the man and the birth mother of the child were married to each other and the child is born within 300 days after the marriage is terminated by death, annulment, declaration of invalidity, or divorce, or after a decree of separation; (c) before the birth of the child, the man and the birth mother of the child married each other in apparent compliance with law, even if the attempted marriage is or could be declared invalid, and the child is born during the invalid marriage or within 300 days after the marriage's termination by death, annulment, declaration of invalidity, or divorce or after a decree of separation; or (d) after the birth of the child, the man and the birth mother of the child married each other in apparent compliance with law, whether the marriage is, or could be declared, invalid, the man voluntarily asserted the man's parentage of the child, and there is no other presumptive father of the child, and: (i) the assertion is in a record filed with the Office of Vital Records and Statistics; (ii) the man agreed to be and is named as the child's father on the child's birth certificate; or (iii) the man promised in a record to support the child as his own. (2) A man is not presumed to be the father of a child not named in a divorce decree if: (a) the child was born at the time of entry of the divorce decree; and (b) there are children named in the divorce decree and the children have a mother-child relationship described in Section 81-5-201 with the same mother as the child. (3) A presumption of parentage established under this section may only be rebutted in accordance with Section 81-5-607. (4) If a child has an adjudicated father, the results of genetic testing are inadmissable to challenge parentage except as described in Section 81-5-607.
Utah Code § 81-8-607 — Utah Code / Title 81 / Chapter 81-8 / § 81-8-607
§ 81-8-607. Contest of registration or enforcement.
Status: in_force

(1) A party contesting the validity or enforcement of a registered support order or seeking to vacate the registration has the burden of proving one or more of the following defenses: (a) the issuing tribunal lacked personal jurisdiction over the contesting party; (b) the order was obtained by fraud; (c) the order has been vacated, suspended, or modified by a later order; (d) the issuing tribunal has stayed the order pending appeal; (e) there is a defense under the law of this state to the remedy sought; (f) full or partial payment has been made; (g) the statute of limitation under Section 81-8-604 precludes enforcement of some or all of the alleged arrearages; or (h) the alleged controlling order is not the controlling order. (2) (a) If a party presents evidence establishing a full or partial defense under Subsection (1), a tribunal may stay enforcement of a registered support order, continue the proceeding to permit production of additional relevant evidence, and issue other appropriate orders. (b) An uncontested portion of the registered support order may be enforced by all remedies available under the law of this state. (3) If the contesting party does not establish a defense under Subsection (1) to the validity or enforcement of a registered support order, the registering tribunal shall issue an order confirming the order.
Utah Code § 81-5-705 — Utah Code / Title 81 / Chapter 81-5 / § 81-5-705
§ 81-5-705. Limitation on husband's dispute of paternity.
Status: in_force

(1) Except as otherwise provided in Subsection (2), the husband of a wife who gives birth to a child by means of assisted reproduction may not challenge the husband's paternity of the child unless: (a) within two years after learning of the birth of the child the husband commences a proceeding to adjudicate the husband's paternity; and (b) the tribunal finds that the husband did not consent to the assisted reproduction, before or after the birth of the child. (2) A proceeding to adjudicate paternity may be maintained at any time if the tribunal determines that: (a) the husband did not provide sperm for, or before or after the birth of the child consent to, assisted reproduction by the husband's wife; (b) the husband and the birth mother of the child have not cohabited since the probable time of assisted reproduction; and (c) the husband never openly treated the child as the husband's own. (3) The limitation provided in this section applies to a marriage declared invalid after assisted reproduction.
Utah Code § 81-6-105 — Utah Code / Title 81 / Chapter 81-6 / § 81-6-105
§ 81-6-105. Duty of biological father to share pregnancy expenses.
Status: in_force

(1) Except as otherwise provided in this section, a biological father of a child has a duty to pay 50% of the mother's pregnancy expenses. (2) (a) If paternity is disputed, a biological father owes no duty under this section until the biological father's paternity is established. (b) Once paternity is established, the biological father is subject to Subsection (1). (3) (a) Any portion of a mother's pregnancy expenses paid by the mother or the biological father reduces that parent's 50% share under Subsection (1), not the total amount of pregnancy expenses. (b) Subsection (3)(a) applies regardless of when the mother or biological father pays the pregnancy expense. (4) If a mother receives an abortion, as defined in Section 76-7-301, without the biological father's consent, the biological father owes no duty under this section, unless: (a) the abortion is necessary to avert the death of the mother; or (b) the mother was pregnant as a result of: (i) rape, as described in Section 76-5-402; (ii) rape of a child, as described in Section 76-5-402.1; or (iii) incest, as described in Subsection 76-5-406(2)(j) or Section 76-7-102. (5) Subsection (1) does not apply if a court apportions pregnancy expenses in a divorce decree under Section 81-4-406. (6) (a) A person who seeks payment under this section for pregnancy expenses shall provide documentation of payments, medical expenses, and insurance premiums to the court. (b) The court shall order the payment of the expenses after a review of the documentation described in Subsection (6)(a). (7) Nothing in this section requires a person to separately bill a biological father for pregnancy expenses.
Utah Code § 81-11-104 — Utah Code / Title 81 / Chapter 81-11 / § 81-11-104
§ 81-11-104. International application of chapter.
Status: in_force

(1) A court of this state shall treat a foreign country as a state of the United States for purposes of applying Part 1, General Provisions, and Part 2, Jurisdiction. (2) A child custody determination made in a foreign country under factual circumstances in substantial conformity with the jurisdictional standards of this chapter shall be recognized and enforced under Part 3, Enforcement. (3) The court need not apply the provisions of this chapter when the child custody law of the other country violates fundamental principles of human rights.
Utah Code § 81-8-317 — Utah Code / Title 81 / Chapter 81-8 / § 81-8-317
§ 81-8-317. Communications between tribunals.
Status: in_force

(1) A tribunal of this state may communicate with a tribunal outside this state in a record, or by telephone, electronic mail, or other means, to obtain information concerning the laws, the legal effect of a judgment, decree, or order of that tribunal, and the status of a proceeding. (2) A tribunal of this state may furnish similar information by similar means to a tribunal outside this state.
Utah Code § 81-9-207 — Utah Code / Title 81 / Chapter 81-9 / § 81-9-207
§ 81-9-207. Supervised parent-time.
Status: in_force

(1) As used in this section: (a) "Abuse" means the same as that term is defined in Section 80-1-102. (b) "Abuse" includes an offense described in: (i) Section 76-5-109, child abuse; (ii) Section 76-6-109.2, aggravated child abuse; (iii) Section 76-5-109.3, child abandonment; (iv) Section 76-5-109.4, child torture; (v) Section 76-5-114, commission of domestic violence in the presence of a child; or (vi) Section 76-5-208, child abuse homicide. (2) A court may order supervised parent-time of a minor child in accordance with Section 81-9-104 if the court finds: (a) evidence that the minor child is likely to be subject to physical harm, emotional harm, or abuse from the noncustodial parent if left unsupervised with the noncustodial parent; (b) it is necessary to protect the minor child; and (c) there are no less restrictive means reasonably available. (3) If the court finds evidence of domestic violence, child abuse, or an ongoing risk to a child, and orders supervised parent-time, the court shall give preference to supervision by a professional individual or private agency trained in child abuse reporting laws, the developmental needs of a child, and the dynamics of domestic violence, child abuse, sexual abuse, and substance abuse. (4) If a professional individual or private agency described in Subsection (3) is not available, affordable, or practicable under the circumstances, a court shall give preference to supervision by an individual who is: (a) capable and willing to provide physical and psychological safety and security to the minor child, and to assist in the avoidance and prevention of domestic and family violence; and (b) is trained in child abuse reporting laws, the developmental needs of a child, and the dynamics of domestic violence, child abuse, sexual abuse, and substance abuse. (5) If an individual described in Subsection (3) or (4) is not available, affordable, or practicable under the circumstances, or if the court does not find evidence of domestic violence, child abuse, or an ongoing risk to a minor child, a court may order supervised parent-time that is supervised by an individual who is willing to supervise, and is capable of protecting the minor child from physical or emotional harm, or child abuse, and the court shall give preference to individuals suggested by the parties, including relatives. (6) At the time supervised parent-time is imposed, the court shall consider: (a) whether the cost of professional or agency services is likely to prevent the noncustodial parent from exercising parent-time; and (b) whether the requirement for supervised parent-time should expire after a set period of time. (7) (a) Except when the court makes a finding that, due to abuse by or the incapacity of the noncustodial parent, supervised parent-time will be necessary indefinitely to ensure the physical or psychological safety and protection of the minor child, the court shall, in the court's order for supervised parent-time, provide specific goals and expectations for the noncustodial parent to accomplish before unsupervised parent-time may be granted. (b) The court shall schedule one or more follow-up hearings to revisit the issue of supervised parent-time. (8) A noncustodial parent may, at any time, petition the court to modify the order for supervised parent-time if the noncustodial parent can demonstrate that the specific goals and expectations set by the court as described in Subsection (7) have been accomplished.
Utah Code § 81-6-109 — Utah Code / Title 81 / Chapter 81-6 / § 81-6-109
§ 81-6-109. Spousal privilege -- Competency of spouses.
Status: in_force

(1) A law attaching a privilege against the disclosure of communications between spouses is are inapplicable under this chapter. (2) Spouses are competent witnesses to testify to any relevant matter, including marriage and parentage.
Utah Code § 81-5-612 — Utah Code / Title 81 / Chapter 81-5 / § 81-5-612
§ 81-5-612. Minor child as party -- Representation.
Status: in_force

(1) A minor child is a permissible party, but is not a necessary party to a proceeding under this part. (2) The tribunal may appoint an attorney guardian ad litem under Sections 78A-2-703 and 78A-2-803, or a private attorney guardian ad litem under Section 78A-2-705, to represent a minor child or an incapacitated child if the child is a party.
Utah Code § 81-9-302 — Utah Code / Title 81 / Chapter 81-9 / § 81-9-302
§ 81-9-302. Minimum schedule for parent-time for a minor child five to 18 years old.
Status: in_force

1/1/2027 (1) The parent-time schedule in this section applies when establishing a parent-time schedule for a minor child who is five to 18 years old. (2) If the parties do not agree to a parent-time schedule for a minor child who is five to 18 years old, the following schedule is considered the minimum parent-time to which the noncustodial parent is entitled to the minor child: (a) (i) one weekday evening to be specified by the noncustodial parent or the court or Wednesday evening if not specified, beginning at 5:30 p.m. and ending at 8:30 p.m.; or (ii) at the election of the noncustodial parent, one weekday to be specified by the noncustodial parent or the court: (A) beginning at the time that the minor child's school is regularly dismissed and ending at 8:30 p.m.; or (B) if school is not in session, the noncustodial parent is available to be with the minor child, and in accommodation with the custodial parent's work schedule, beginning at 8 a.m. and ending at 8:30 p.m.; (b) (i) beginning on the first weekend after entry of the decree, alternating weekends beginning at 5:30 p.m. on Friday and ending on Sunday at 8:30 p.m.; or (ii) at the election of the noncustodial parent and beginning on the first weekend after the entry of the decree, alternating weekends: (A) beginning at the time that the minor child's school is regularly dismissed on Friday and ending on Sunday at 8:30 p.m.; or (B) if school is not in session, the noncustodial parent is available to be with the minor child, and in accommodation with the custodial parent's work schedule, beginning on Friday at 8 a.m. and ending on Sunday at 8:30 p.m.; (c) each holiday granted to the noncustodial parent in accordance with the holiday schedule described in Subsection (12); and (d) extended parent-time with the minor child when school is not in session for summer break in accordance with Subsection (3). (3) (a) For extended parent-time with the minor child described in Subsection (2)(d) and at the election of the noncustodial parent, the noncustodial parent is entitled up to four weeks of parent-time with the minor child when school is not in session for summer break, beginning at 8 a.m. on the first day and ending at 8:30 p.m. on the last day. (b) For the four weeks of extended parent-time for a noncustodial parent under Subsection (3)(a): (i) two weeks shall be uninterrupted parent-time for the noncustodial parent; and (ii) two weeks may be interrupted by the custodial parent for a weekday visit on the same day on which the noncustodial parent is granted weekday day parent-time. (c) A custodial parent is entitled to uninterrupted parent-time with the minor child for two weeks when school is not in session for summer break, beginning at 8 a.m. on the first day and ending at 8:30 p.m. on the last day. (d) Extended parent-time described in this Subsection (3) shall be consecutive, except that the four weeks of extended parent-time for the noncustodial parent may be divided into two separate 14-day periods that are not consecutive. (4) (a) Each parent shall provide notification to the other parent of the parent's plans for the exercise of extended parent-time for summer break under Subsection (3). (b) For the notification requirement described in Subsection (4)(a): (i) in odd-numbered years: (A) the noncustodial parent shall provide notice to the custodial parent by May 1; and (B) the custodial parent shall provide notice to the noncustodial parent by May 15; and (ii) in even-numbered years: (A) the custodial parent shall provide notice to the noncustodial parent by May 1; and (B) the noncustodial parent shall provide notice to the custodial parent by May 15. (c) (i) If a parent fails to provide a notification within the time periods described in Subsection (4)(b), the complying parent may determine the schedule for summer break for the noncomplying parent. (ii) If both parents fail to provide notice within the time periods described in Subsection (4)(b), the first parent to provide notice may determine the schedule for summer break for that parent and the other parent. (d) If a custodial parent intends to interrupt a noncustodial parent's parent-time under Subsection (3)(b)(ii), the custodial parent shall provide notification to the noncustodial parent of the intent to interrupt parent-time within 10 days after the day on which the custodial parent receives notification of the noncustodial parent's plans for the exercise of interrupted extended parent-time. (5) (a) An election should be made by the noncustodial parent at the time of entry of the divorce decree or court order, except that the election may be changed by mutual agreement, court order, or by the noncustodial parent in the event of a change in the minor child's schedule. (b) An election by either parent concerning parent-time shall be made a part of the decree and made a part of the parent-time order. (6) (a) Changes may not be made to the parent-time schedule under this section, except that if a conflict arises in the parent-time schedule, the following order of precedence shall be applied when determining which parent is entitled to parent-time: (i) the holiday schedule for Mother's Day or Father's Day under Subsection (12); (ii) the holiday schedule for the minor child's birthday, unless a parent is exercising uninterrupted extended parent-time under Subsection (3) and takes the minor child away from that parent's residence during the uninterrupted extended parent-time; (iii) the holiday schedule for any holiday under Subsection (12) that is not Father's Day, Mother's Day, or the minor child's birthday; (iv) extended parent-time under Subsection (3); and (v) the schedule for weekday or weekend parent-time. (b) A parent exercising parent-time for the minor child's birthday may bring other siblings along for the minor child's birthday. (7) A stepparent, grandparent, or other responsible adult designated by a parent, may pick up the minor child for parent-time if the other parent is aware of the identity of the individual and the parent will be with the minor child by 7 p.m. (8) If a holiday falls on a regularly scheduled school day, the parent exercising parent-time shall be responsible for the minor child's attendance at school for that school day. (9) If there is more than one minor child and the minor children's school schedules vary for purpose of a holiday, at the option of the parent exercising the holiday or the parent's half of the holiday, the minor children may remain together for the holiday period beginning the first evening that all minor children's schools are dismissed for the holiday and ending the evening before any minor child returns to school. (10) (a) Telephone contact shall be at reasonable hours and for a reasonable duration. (b) (i) Virtual parent-time, if the equipment is reasonably available and the parents reside at least 100 miles apart, shall be at reasonable hours and for reasonable duration. (ii) If the parties cannot agree on whether the equipment is reasonably available, the court shall decide whether the equipment for virtual parent-time is reasonably available, taking into consideration: (A) the best interests of the minor child; (B) each parent's ability to handle any additional expenses for virtual parent-time; and (C) any other factors the court considers material. (c) Virtual parent-time supplements, but does not replace, in-person parent-time. (11) If there is a minor child five to 18 years old and a minor child under five years old and both minor children are the children of the parties, the parents and the court should consider an upward deviation for parent-time with all the minor children so that parent-time is uniform based on a schedule under this section. (12) The following table is the holiday schedule for parent-time under this section.HolidayHoliday Time PeriodYears Noncustodial Parent is Granted HolidayYears Custodial Parent is Granted HolidayDr. Martin Luther King Jr. Day(1) Holiday begins: (a) at the time that school is dismissed for Dr. Martin Luther King Jr. Day; or(b) Friday at 5:30 p.m. at the election of the parent granted the holiday.(2) Holiday ends at 8:30 p.m. on Dr. Martin Luther King Jr. Day.Odd yearsEven yearsPresidents' Day(1) Holiday begins:(a) at the time that school is dismissed for Presidents' Day; or(b) Friday at 5:30 p.m. at the election of the parent granted the holiday.(2) Holiday ends at 8:30 p.m. on the day before school resumes.Even yearsOdd yearsSpring Break(1) Holiday begins at: (a) the time that school is dismissed for spring break; or(b) 5:30 p.m. on the day that school dismisses for spring break at the election of the parent granted the holiday.(2) Holiday ends at 8:30 p.m. on the day before school resumes.Odd yearsEven yearsMemorial Day(1) Holiday begins:(a) at the time that school is dismissed for Memorial Day; or(b) Friday at 5:30 p.m. at the election of the parent granted the holiday.(2) Holiday ends at 8:30 p.m. on Memorial Day.Even yearsOdd yearsMother's Day(1) Holiday begins at 5:30 p.m. on the day before Mother's Day.(2) Holiday ends on Mother's Day at 8:30 p.m.All years if noncustodial parent is the mother or other parent granted the holiday in the order.All years if custodial parent is the mother or other parent granted the holiday in the order.Father's Day(1) Holiday begins at 5:30 p.m. on the day before Father's Day.(2) Holiday ends on Father's Day at 8:30 p.m.All years if noncustodial parent is the father or other parent granted the holiday in the order.All years if custodial parent is the father or other parent granted the holiday in the order.Juneteenth National Freedom Day(1) Holiday begins on Friday at 5:30 p.m. and ends on Saturday at 5:30 p.m., if Juneteenth National Freedom Day is on the day before Father's Day.(2) Holiday begins on Sunday at 8:30 p.m. and ends on Tuesday at 8:30 p.m., if Juneteenth National Freedom Day is on Father's Day or on the day following Father's Day.(3) Holiday begins at 5:30 p.m. on the day before Juneteenth National Freedom Day and ends at 8:30 p.m. on the day following Juneteenth National Freedom Day, unless Juneteenth National Freedom Day is on Father's Day, the day before Father's Day, or the day following Father's Day.Even yearsOdd yearsIndependence Day(1) Holiday begins on July 3rd at 5:30 p.m.(2) Holiday ends on July 5th at 8:30 p.m.Odd yearsEven yearsPioneer Day(1) Holiday begins on July 23rd at 5:30 p.m.(2) Holiday ends on July 25th at 8:30 p.m.Even yearsOdd yearsLabor Day(1) Holiday begins:(a) at the time that school is dismissed for Labor Day; or(b) Friday at 5:30 p.m. at the election of the parent granted the holiday.(2) Holiday ends at 8:30 p.m. on Labor Day.Odd yearsEven yearsFall Break(1) Holiday begins at: (a) the time that school is dismissed for fall break; or(b) 5:30 p.m. on the day school is dismissed for fall break at the election of the parent granted the holiday.(2) Holiday ends at 8:30 p.m. on the day before school resumes.Odd yearsEven yearsHalloween(1) Holiday begins on October 31st or the day that Halloween is traditionally celebrated in the local community:(a) at the time that school is dismissed; or(b) at 3 p.m. if there is no school.(2) Holiday ends at 8:30 p.m. on the same day the holiday begins.Even yearsOdd yearsThanksgiving(1) Holiday begins at:(a) the time that school is dismissed for Thanksgiving; or(b) 5:30 p.m. on the day that school dismisses for Thanksgiving at the election of the parent granted the holiday.(2) Holiday ends at 8:30 p.m. on the day before school resumes.Even yearsOdd yearsWinter Break (First Half)(1) Holiday begins at:(a) the time that school dismisses for winter break; or(b) 5:30 p.m. on the day that school dismisses for winter break at the election of the parent granted the holiday.(2) Holiday ends on December 27th at 8:30 p.m.Odd yearsEven yearsWinter Break (Second Half)(1) Holiday begins on December 27th at 8:30 p.m.(2) Holiday ends at 8:30 p.m. on the day before school resumes after the winter break.Even yearsOdd yearsDay of Minor Child's Birthday(1) Holiday begins at 3 p.m.(2) Holiday ends at 8:30 p.m.Even yearsOdd yearsDay Before or After Minor Child's Birthday(1) Holiday begins at 3 p.m.(2) Holiday ends at 8:30 p.m.Odd yearsEven years1/1/2027 (1) The parent-time schedule in this section applies when establishing a parent-time schedule for a minor child who is five to 18 years old. (2) If the parties do not agree to a parent-time schedule for a minor child who is five to 18 years old, the following schedule is considered the minimum parent-time to which the noncustodial parent is entitled to the minor child: (a) (i) one weekday evening to be specified by the noncustodial parent or the court or Wednesday evening if not specified, beginning at 5:30 p.m. and ending at 8:30 p.m.; or (ii) at the election of the noncustodial parent, one weekday to be specified by the noncustodial parent or the court: (A) beginning at the time that the minor child's school is regularly dismissed and ending at 8:30 p.m.; or (B) if school is not in session, the noncustodial parent is available to be with the minor child, and in accommodation with the custodial parent's work schedule, beginning at 8 a.m. and ending at 8:30 p.m.; (b) (i) beginning on the first weekend after entry of the decree, alternating weekends beginning at 5:30 p.m. on Friday and ending on Sunday at 8:30 p.m.; or (ii) at the election of the noncustodial parent and beginning on the first weekend after the entry of the decree, alternating weekends: (A) beginning at the time that the minor child's school is regularly dismissed on Friday and ending on Sunday at 8:30 p.m.; or (B) if school is not in session, the noncustodial parent is available to be with the minor child, and in accommodation with the custodial parent's work schedule, beginning on Friday at 8 a.m. and ending on Sunday at 8:30 p.m.; (c) each holiday granted to the noncustodial parent in accordance with the holiday schedule described in Subsection (12); and (d) extended parent-time with the minor child when school is not in session for summer break in accordance with Subsection (3). (3) (a) For extended parent-time with the minor child described in Subsection (2)(d) and at the election of the noncustodial parent, the noncustodial parent is entitled up to four weeks of parent-time with the minor child when school is not in session for summer break, beginning at 8 a.m. on the first day and ending at 8:30 p.m. on the last day. (b) For the four weeks of extended parent-time for a noncustodial parent under Subsection (3)(a): (i) two weeks shall be uninterrupted parent-time for the noncustodial parent; and (ii) two weeks may be interrupted by the custodial parent for a weekday visit on the same day on which the noncustodial parent is granted weekday day parent-time. (c) A custodial parent is entitled to uninterrupted parent-time with the minor child for two weeks when school is not in session for summer break, beginning at 8 a.m. on the first day and ending at 8:30 p.m. on the last day. (d) Extended parent-time described in this Subsection (3) shall be consecutive, except that the four weeks of extended parent-time for the noncustodial parent may be divided into two separate 14-day periods that are not consecutive. (4) (a) Each parent shall provide notification to the other parent of the parent's plans for the exercise of extended parent-time for summer break under Subsection (3). (b) For the notification requirement described in Subsection (4)(a): (i) in odd-numbered years: (A) the noncustodial parent shall provide notice to the custodial parent by May 1; and (B) the custodial parent shall provide notice to the noncustodial parent by May 15; and (ii) in even-numbered years: (A) the custodial parent shall provide notice to the noncustodial parent by May 1; and (B) the noncustodial parent shall provide notice to the custodial parent by May 15. (c) (i) If a parent fails to provide a notification within the time periods described in Subsection (4)(b), the complying parent may determine the schedule for summer break for the noncomplying parent. (ii) If both parents fail to provide notice within the time periods described in Subsection (4)(b), the first parent to provide notice may determine the schedule for summer break for that parent and the other parent. (d) If a custodial parent intends to interrupt a noncustodial parent's parent-time under Subsection (3)(b)(ii), the custodial parent shall provide notification to the noncustodial parent of the intent to interrupt parent-time within 10 days after the day on which the custodial parent receives notification of the noncustodial parent's plans for the exercise of interrupted extended parent-time. (5) (a) An election should be made by the noncustodial parent at the time of entry of the divorce decree or court order, except that the election may be changed by mutual agreement, court order, or by the noncustodial parent in the event of a change in the minor child's schedule. (b) An election by either parent concerning parent-time shall be made a part of the decree and made a part of the parent-time order. (6) (a) Changes may not be made to the parent-time schedule under this section, except that if a conflict arises in the parent-time schedule, the following order of precedence shall be applied when determining which parent is entitled to parent-time: (i) the holiday schedule for Mother's Day or Father's Day under Subsection (12); (ii) the holiday schedule for the minor child's birthday, unless a parent is exercising uninterrupted extended parent-time under Subsection (3) and takes the minor child away from that parent's residence during the uninterrupted extended parent-time; (iii) the holiday schedule for any holiday under Subsection (12) that is not Father's Day, Mother's Day, or the minor child's birthday; (iv) extended parent-time under Subsection (3); and (v) the schedule for weekday or weekend parent-time. (b) A parent exercising parent-time for the minor child's birthday may bring other siblings along for the minor child's birthday. (7) A stepparent, grandparent, or other responsible adult designated by a parent, may pick up the minor child for parent-time if the other parent is aware of the identity of the individual and the parent will be with the minor child by 7 p.m. (8) If a holiday falls on a regularly scheduled school day, the parent exercising parent-time shall be responsible for the minor child's attendance at school for that school day. (9) If there is more than one minor child and the minor children's school schedules vary for purpose of a holiday, at the option of the parent exercising the holiday or the parent's half of the holiday, the minor children may remain together for the holiday period beginning the first evening that all minor children's schools are dismissed for the holiday and ending the evening before any minor child returns to school. (10) (a) Telephone contact shall be at reasonable hours and for a reasonable duration. (b) (i) Virtual parent-time, if the equipment is reasonably available and the parents reside at least 100 miles apart, shall be at reasonable hours and for reasonable duration. (ii) If the parties cannot agree on whether the equipment is reasonably available, the court shall decide whether the equipment for virtual parent-time is reasonably available, taking into consideration: (A) the best interests of the minor child; (B) each parent's ability to handle any additional expenses for virtual parent-time; and (C) any other factors the court considers material. (c) Virtual parent-time supplements, but does not replace, in-person parent-time. (11) If there is a minor child five to 18 years old and a minor child under five years old and both minor children are the children of the parties, the parents and the court should consider an upward deviation for parent-time with all the minor children so that parent-time is uniform based on a schedule under this section. (12) The following table is the holiday schedule for parent-time under this section.HolidayHoliday Time PeriodYears Noncustodial Parent is Granted HolidayYears Custodial Parent is Granted HolidayDr. Martin Luther King Jr. Day(1) Holiday begins: (a) at the time that school is dismissed for Dr. Martin Luther King Jr. Day; or(b) Friday at 5:30 p.m. at the election of the parent granted the holiday.(2) Holiday ends at 8:30 p.m. on Dr. Martin Luther King Jr. Day.Odd yearsEven yearsPresidents' Day(1) Holiday begins:(a) at the time that school is dismissed for Presidents' Day; or(b) Friday at 5:30 p.m. at the election of the parent granted the holiday.(2) Holiday ends at 8:30 p.m. on the day before school resumes.Even yearsOdd yearsSpring Break(1) Holiday begins at: (a) the time that school is dismissed for spring break; or(b) 5:30 p.m. on the day that school dismisses for spring break at the election of the parent granted the holiday.(2) Holiday ends at 8:30 p.m. on the day before school resumes.Odd yearsEven yearsMemorial Day(1) Holiday begins:(a) at the time that school is dismissed for Memorial Day; or(b) Friday at 5:30 p.m. at the election of the parent granted the holiday.(2) Holiday ends at 8:30 p.m. on Memorial Day.Even yearsOdd yearsMother's Day(1) Holiday begins at 5:30 p.m. on the day before Mother's Day.(2) Holiday ends on Mother's Day at 8:30 p.m.All years if noncustodial parent is the mother or other parent granted the holiday in the order.All years if custodial parent is the mother or other parent granted the holiday in the order.Father's Day(1) Holiday begins at 5:30 p.m. on the day before Father's Day.(2) Holiday ends on Father's Day at 8:30 p.m.All years if noncustodial parent is the father or other parent granted the holiday in the order.All years if custodial parent is the father or other parent granted the holiday in the order.Juneteenth National Freedom Day(1) Holiday begins on Friday at 5:30 p.m. and ends on Saturday at 5:30 p.m., if Juneteenth National Freedom Day is on the day before Father's Day.(2) Holiday begins on Sunday at 8:30 p.m. and ends on Tuesday at 8:30 p.m., if Juneteenth National Freedom Day is on Father's Day or on the day following Father's Day.(3) Holiday begins at 5:30 p.m. on the day before Juneteenth National Freedom Day and ends at 8:30 p.m. on the day following Juneteenth National Freedom Day, unless Juneteenth National Freedom Day is on Father's Day, the day before Father's Day, or the day following Father's Day.Even yearsOdd yearsIndependence Day(1) Holiday begins on July 3rd at 5:30 p.m.(2) Holiday ends on July 5th at 8:30 p.m.Odd yearsEven yearsPioneer Day(1) Holiday begins on July 23rd at 5:30 p.m.(2) Holiday ends on July 25th at 8:30 p.m.Even yearsOdd yearsLabor Day(1) Holiday begins:(a) at the time that school is dismissed for Labor Day; or(b) Friday at 5:30 p.m. at the election of the parent granted the holiday.(2) Holiday ends at 8:30 p.m. on Labor Day.Odd yearsEven yearsFall Break(1) Holiday begins at: (a) the time that school is dismissed for fall break; or(b) 5:30 p.m. on the day school is dismissed for fall break at the election of the parent granted the holiday.(2) Holiday ends at 8:30 p.m. on the day before school resumes.Odd yearsEven yearsHalloween(1) Holiday begins on October 31st or the day that Halloween is traditionally celebrated in the local community:(a) at the time that school is dismissed; or(b) at 3 p.m. if there is no school.(2) Holiday ends at 8:30 p.m. on the same day the holiday begins.Even yearsOdd yearsThanksgiving(1) Holiday begins at:(a) the time that school is dismissed for Thanksgiving; or(b) 5:30 p.m. on the day that school dismisses for Thanksgiving at the election of the parent granted the holiday.(2) Holiday ends at 8:30 p.m. on the day before school resumes.Even yearsOdd yearsWinter Break (First Half)(1) Holiday begins at:(a) the time that school dismisses for winter break; or(b) 5:30 p.m. on the day that school dismisses for winter break at the election of the parent granted the holiday.(2) Holiday ends on December 27th at 8:30 p.m.Odd yearsEven yearsWinter Break (Second Half)(1) Holiday begins on December 27th at 8:30 p.m.(2) Holiday ends at 8:30 p.m. on the day before school resumes after the winter break.Even yearsOdd yearsDay of Minor Child's Birthday(1) Holiday begins at 3 p.m.(2) Holiday ends at 8:30 p.m.Even yearsOdd yearsDay Before or After Minor Child's Birthday(1) Holiday begins at 3 p.m.(2) Holiday ends at 8:30 p.m.Odd yearsEven years
Utah Code § 81-15-103 — Utah Code / Title 81 / Chapter 81-15 / § 81-15-103
§ 81-15-103. Applicable law.
Status: in_force

(1) Except as otherwise provided in this chapter, the law applicable to arbitration is Title 78B, Chapter 11, Utah Uniform Arbitration Act. (2) In determining the merits of a family law dispute, an arbitrator shall apply the law of this state, including this state's choice of law rules.
Utah Code § 81-15-114 — Utah Code / Title 81 / Chapter 81-15 / § 81-15-114
§ 81-15-114. Award.
Status: in_force

(1) An arbitrator shall make an award in a record, dated and signed by the arbitrator. (2) The arbitrator shall give notice of the award to each party by a method agreed on by the parties or, if the parties have not agreed on a method, under the law and procedural rules of this state, other than this chapter, governing notice in contractual arbitration. (3) Except as otherwise provided in Subsection (4), the award under this chapter shall state the reasons on which the award is based unless otherwise agreed by the parties. (4) An award determining a child-related dispute shall state the reasons on which the award is based as required by a law of this state, other than this chapter, for a court order in a family law proceeding. (5) An award under this chapter is not enforceable as a judgment until confirmed under Section 81-15-115.
Utah Code § 81-8-801 — Utah Code / Title 81 / Chapter 81-8 / § 81-8-801
§ 81-8-801. Definitions for part -- Grounds for rendition.
Status: in_force

(1) As used in this part, "governor" includes an individual performing the functions of governor or the executive authority of a state covered by this chapter. (2) The governor of this state may: (a) demand that the governor of another state surrender an individual found in the other state who is charged criminally in this state with having failed to provide for the support of an obligee; or (b) on the demand of the governor of another state, surrender an individual found in this state who is charged criminally in the other state with having failed to provide for the support of an obligee. (3) A provision for extradition of individuals not inconsistent with this chapter applies to the demand even if the individual whose surrender is demanded was not in the demanding state when the crime was allegedly committed and has not fled therefrom.
Utah Code § 81-3-205 — Utah Code / Title 81 / Chapter 81-3 / § 81-3-205
§ 81-3-205. Enforcement.
Status: in_force

(1) A premarital agreement is not enforceable if the party against whom enforcement is sought proves that: (a) that party did not execute the agreement voluntarily; or (b) the agreement was fraudulent when the agreement was executed and, before execution of the agreement, that party: (i) was not provided a reasonable disclosure of the property or financial obligations of the other party insofar as was possible; (ii) did not voluntarily and expressly waive, in writing, any right to disclosure of the property or financial obligations of the other party beyond the disclosure provided; and (iii) did not have, or reasonably could not have had, an adequate knowledge of the property or financial obligations of the other party. (2) If a provision of a premarital agreement modifies or eliminates spousal support and that modification or elimination causes one party to the agreement to be eligible for support under a program of public assistance at the time of separation or marital dissolution, a court, notwithstanding the terms of the agreement, may require the other party to provide support to the extent necessary to avoid that eligibility. (3) An issue of fraud of a premarital agreement shall be decided by the court as a matter of law.
Utah Code § 81-5-102 — Utah Code / Title 81 / Chapter 81-5 / § 81-5-102
§ 81-5-102. Definitions for chapter.
Status: in_force

As used in this chapter: (1) "Adjudicated father" means a man who has been adjudicated by a tribunal to be the father of a child. (2) "Alleged father" means a man who alleges himself to be, or is alleged to be, the genetic father or a possible genetic father of a child, but whose paternity has not been determined. (3) (a) "Assisted reproduction" means a method of causing pregnancy other than sexual intercourse. (b) "Assisted reproduction" includes: (i) intrauterine insemination; (ii) donation of eggs; (iii) donation of embryos; (iv) in vitro fertilization and transfer of embryos; or (v) intracytoplasmic sperm injection. (4) (a) "Birth mother" means the woman who gives birth to the child. (b) "Birth mother" does not include a gestational mother. (5) "Child" means an individual of any age whose parentage may be determined under this chapter. (6) "Child support" means the same as that term is defined in Section 81-6-101. (7) "Child support services agency" means a public official or agency authorized under Title IV-D of the Social Security Act that has the authority to seek: (a) enforcement of support orders or laws relating to the duty of support; (b) establishment or modification of child support; (c) determination of parentage; or (d) location of child-support obligors and their income and assets. (8) "Commence" means to file the initial pleading seeking an adjudication of parentage in the appropriate tribunal of this state. (9) "Declarant father" means a male who: (a) along with the birth mother, claims to be the genetic father of a child; and (b) signs a voluntary declaration of paternity to establish the man's parentage. (10) "Determination of parentage" means the establishment of the parent-child relationship by: (a) the signing of a valid declaration of paternity under Part 3, Voluntary Declaration of Paternity; or (b) adjudication by a tribunal. (11) (a) "Donor" means an individual who produces eggs or sperm used for assisted reproduction, whether or not for consideration. (b) "Donor" does not include: (i) a husband who provides sperm, or a wife who provides eggs, to be used for assisted reproduction by the wife; (ii) a woman who gives birth to a child by means of assisted reproduction, except as otherwise provided in Part 8, Gestational Agreement; (iii) a parent under Part 7, Assisted Reproduction; or (iv) an intended parent under Part 8, Gestational Agreement. (12) "Ethnic or racial group" means, for purposes of genetic testing, a recognized group that an individual identifies as all or part of the individual's ancestry or that is so identified by other information. (13) "Financial support" means: (a) a base child support award as defined in Section 81-6-101; (b) all past-due support that accrues under an order for current periodic payments; and (c) sum certain judgments for past-due support. (14) (a) "Genetic testing" means an analysis of genetic markers to exclude or identify a man as the father or a woman as the mother of a child. (b) "Genetic testing" includes an analysis of one or a combination of the following: (i) deoxyribonucleic acid; or (ii) blood-group antigens, red-cell antigens, human-leukocyte antigens, serum enzymes, serum proteins, or red-cell enzymes. (15) "Gestational mother" means a woman who: (a) is 18 years old or older; and (b) gives birth to a child under a gestational agreement. (16) "Man" means a male individual of any age. (17) "Obligee" means the same as that term is defined in Section 81-6-101. (18) "Obligor" means the same as that term is defined in Section 81-6-101. (19) "Parentage" means a parent-child relationship. (20) (a) "Parent-child relationship" means the legal relationship between a child and a parent of the child as described in Section 81-5-201. (b) "Parent-child relationship" includes: (i) the mother-child relationship; or (ii) the father-child relationship. (21) "Parentage index" means the likelihood of paternity calculated by computing the ratio between: (a) the likelihood that the tested man is the father, based on the genetic markers of the tested man and child, conditioned on the hypothesis that the tested man is the father of the child; and (b) the likelihood that the tested man is not the father, based on the genetic markers of the tested man and child, conditioned on the hypothesis that the tested man is not the father of the child and that the father is of the same ethnic or racial group as the tested man. (22) "Presumed father" means a man who, by operation of law under Section 81-5-204, is recognized as the father of a child until that status is rebutted or confirmed in accordance with this chapter. (23) "Probability of parentage" means the measure, for the ethnic or racial group to which the alleged father belongs, of the probability that the man in question is the father of the child, compared with a random, unrelated man of the same ethnic or racial group, expressed as a percentage incorporating the parentage index and a prior probability. (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) "Signatory" means an individual who authenticates a record and is bound by the record's terms. (26) "State" means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, any territory, Native American Tribe, or insular possession subject to the jurisdiction of the United States. (27) "Support" means the same as that term is defined in Section 81-6-101. (28) "Tribunal" means a court of law, administrative agency, or quasi-judicial entity authorized to establish, enforce, or modify support orders or to determine parentage. (29) "Unmarried biological father" means the same as that term is defined in Section 81-13-101.
Utah Code § 81-10-106 — Utah Code / Title 81 / Chapter 81-10 / § 81-10-106
§ 81-10-106. General consideration in custody proceeding of parent's military service.
Status: in_force

In a proceeding for custodial responsibility of a child of a service member, a court may not consider a parent's past deployment or possible future deployment in itself in determining the best interest of the child but may consider any significant impact on the best interest of the child of the parent's past or possible future deployment.
Utah Code § 81-8-901 — Utah Code / Title 81 / Chapter 81-8 / § 81-8-901
§ 81-8-901. Uniformity of application and construction.
Status: in_force

(1) This chapter is a uniform act. (2) In applying and construing this chapter, consideration shall be given to the need to promote uniformity of the law with respect to this uniform law's subject matter among states that enact this uniform law.
Utah Code § 81-2-202 — Utah Code / Title 81 / Chapter 81-2 / § 81-2-202
§ 81-2-202. Premarital counseling or education -- State policy -- Applicability.
Status: in_force

It is the policy of the state to enhance the possibility of couples to achieve more stable, satisfying, and enduring marital and family relationships by providing opportunities for and encouraging the use of premarital counseling or education before securing a marriage license.
Utah Code § 81-8-303 — Utah Code / Title 81 / Chapter 81-8 / § 81-8-303
§ 81-8-303. Application of law of state.
Status: in_force

Except as otherwise provided in this chapter, a responding tribunal of this state shall: (1) apply the procedural and substantive law generally applicable to similar proceedings originating in this state and may exercise all powers and provide all remedies available in those proceedings; and (2) determine the duty of support and the amount payable in accordance with the law and support guidelines of this state.
Utah Code § 81-12-109 — Utah Code / Title 81 / Chapter 81-12 / § 81-12-109
§ 81-12-109. Duration of abduction prevention order.
Status: in_force

An abduction prevention order remains in effect until the earliest of: (1) the time stated in the order; (2) the emancipation of the minor child; (3) the minor child's attaining 18 years old; or (4) the time the order is modified, revoked, vacated, or superseded by a court with jurisdiction under Sections 81-11-201 through 81-11-203.
Utah Code § 81-5-704 — Utah Code / Title 81 / Chapter 81-5 / § 81-5-704
§ 81-5-704. Consent to assisted reproduction.
Status: in_force

(1) (a) A consent to assisted reproduction by a married woman must be in a record signed by the woman and her husband. (b) The requirement described in Subsection (1)(a) does not apply to the donation of eggs for assisted reproduction by another woman. (2) Failure of the husband to sign a consent required by Subsection (1), before or after the birth of the child, does not preclude a finding that the husband is the father of a child born to the married woman if the married woman and the married woman's husband openly treat the child as their own.
Utah Code § 81-8-302 — Utah Code / Title 81 / Chapter 81-8 / § 81-8-302
§ 81-8-302. Action by parent who is under 18 years old.
Status: in_force

A parent who is under 18 years old, or a guardian or other legal representative of the parent, may maintain a proceeding on behalf of or for the benefit of the parent's child.
Utah Code § 81-14-307 — Utah Code / Title 81 / Chapter 81-14 / § 81-14-307
§ 81-14-307. Child-placing agency compliance.
Status: in_force

(1) The Division of Licensing and Background Checks, created in Section 26B-2-901, may investigate an allegation that a child-placing agency has failed to comply with this part and commence an action for injunctive or other relief or initiate administrative proceedings against the child-placing agency to enforce this part. (2) (a) The Office of Licensing may initiate a proceeding to determine whether a child-placing agency has failed to comply with this part. (b) If the Office of Licensing finds that the child-placing agency has failed to comply, the Office of Licensing may suspend or revoke the child-placing agency's license or take other action permitted by law of the state.
Utah Code § 81-13-403 — Utah Code / Title 81 / Chapter 81-13 / § 81-13-403
§ 81-13-403. Preplacement adoptive evaluations -- Exceptions.
Status: in_force

(1) (a) Except as otherwise provided in this section, an adoptee, who is a minor child or vulnerable adult, may not be placed in an adoptive home until a preplacement adoptive evaluation, assessing the prospective adoptive parent and the prospective adoptive home, has been conducted in accordance with the requirements of this section. (b) Except as provided in Section 81-13-402, the court may, at any time, authorize temporary placement of an adoptee, who is a minor child or vulnerable adult, in a prospective adoptive home pending completion of a preplacement adoptive evaluation described in this section. (c) (i) Unless the court otherwise requests the preplacement adoption evaluation, Subsection (1)(a) does not apply if: (A) a birth parent has legal custody of the adoptee and the prospective adoptive parent is related to the adoptee or the birth parent as a stepparent, sibling by half or whole blood or by adoption, grandparent, aunt, uncle, or first cousin; (B) a birth parent has or had legal custody of the adoptee, the prospective adoptive parent was previously married to the birth parent, and the prospective adoptive parent has lived with the adoptee for at least 180 days before the day on which the petition for adoption was filed; or (C) the adoptee has lived in the adoptive home with the prospective adoptive parent for at least one year before the day on which the petition for adoption was filed and the court finds that the adoption is in the best interest of the adoptee. (ii) The prospective adoptive parent described in this Subsection (1)(c) shall obtain the information described in Subsections (2)(a) and (b), and file that documentation with the court prior to finalization of the adoption. (d) (i) The preplacement adoptive evaluation shall be completed or updated within the 12-month period immediately preceding the placement of the adoptee with the prospective adoptive parent. (ii) If the prospective adoptive parent has previously received custody of an adoptee, who is a minor child or vulnerable adult, for the purpose of adoption, the preplacement adoptive evaluation shall be completed or updated within the 12-month period immediately preceding the placement of an adoptee, who is a minor child or vulnerable adult, with the prospective adoptive parent and after the placement of the previous adoptee with the prospective adoptive parent. (2) The preplacement adoptive evaluation shall include: (a) a criminal history background check regarding each prospective adoptive parent and any other adult living in the prospective home, prepared no earlier than 18 months immediately preceding placement of the adoptee in accordance with the following: (i) if the adoptee is in state custody, each prospective adoptive parent and any other adult living in the prospective home shall submit fingerprints to the Department of Health and Human Services, which shall perform a criminal history background check in accordance with Section 26B-2-120; or (ii) subject to Subsection (3), if the adoptee is not in state custody, an adoption service provider or an attorney representing a prospective adoptive parent shall submit fingerprints from the prospective adoptive parent and any other adult living in the prospective home to: (A) the Bureau of Criminal Identification within the Department of Public Safety for a regional and nationwide background check; (B) the Office of Background Processing within the Department of Health and Human Services for a background check in accordance with Section 26B-2-120; or (C) the Federal Bureau of Investigation; (b) a report containing all information regarding reports and investigations of child abuse, neglect, and dependency, with respect to each prospective adoptive parent and any other adult living in the prospective home, obtained no earlier than 18 months immediately preceding the day on which the adoptee is placed in the prospective home, pursuant to waivers executed by each prospective adoptive parent and any other adult living in the prospective home, that: (i) if the prospective adoptive parent or the adult living in the prospective adoptive parent's home is a resident of Utah, is prepared by the Department of Health and Human Services from the records of the Department of Health and Human Services; or (ii) if the prospective adoptive parent or the adult living in the prospective adoptive parent's home is not a resident of Utah, prepared by the Department of Health and Human Services, or a similar agency in another state, district, or territory of the United States, where each prospective adoptive parent and any other adult living in the prospective home resided in the five years immediately preceding the day on which the adoptee is placed in the prospective adoptive home; (c) in accordance with Subsection (6), a home study conducted by an adoption service provider that is: (i) an expert in family relations approved by the court; (ii) a certified social worker; (iii) a clinical social worker; (iv) a marriage and family therapist; (v) a psychologist; (vi) a social service worker, if supervised by a certified or clinical social worker; (vii) a clinical mental health counselor; or (viii) an Office of Licensing employee within the Department of Health and Human Services who is trained to perform a home study; and (d) in accordance with Subsection (7), if the adoptee is in the custody of any public child welfare agencyand has a special need as defined in Section 80-2-801, the preplacement adoptive evaluation shall be conducted by the Department of Health and Human Services or a child-placing agency that has entered into a contract with the department to conduct the preplacement adoptive evaluations for adoptees with special needs. (3) For purposes of Subsection (2)(a)(ii), subject to Subsection (4), the criminal history background check described in Subsection (2)(a)(ii) shall be submitted in a manner acceptable to the court that will: (a) preserve the chain of custody of the results; and (b) not permit tampering with the results by a prospective adoptive parent or other interested party. (4) In order to comply with Subsection (3), the manner in which the criminal history background check is submitted shall be approved by the court. (5) Except as provided in Subsection 81-13-402(3), and in addition to the other requirements of this section, the Department of Health and Human Services shall comply with Section 81-13-402 before an adoptee, who is a minor child or vulnerable adult in state custody, is placed with a prospective foster parent or a prospective adoptive parent. (6) (a) An individual described in Subsections (2)(c)(i) through (vii) shall be licensed to practice under the laws of: (i) this state; or (ii) the state, district, or territory of the United States where the prospective adoptive parent or other person living in the prospective adoptive home resides. (b) The Department of Health and Human Services, or any of the department's divisions, may not proscribe who qualifies as an expert in family relations or who may conduct a home study under Subsection (2)(c). (c) The home study described in Subsection (2)(c) shall be a written document that contains the following: (i) a recommendation to the court regarding the suitability of the prospective adoptive parent for placement of an adoptee who is a minor child or vulnerable adult; (ii) a description of in-person interviews with the prospective adoptive parent, the prospective adoptive parent's children, and other individuals living in the home; (iii) a description of character and suitability references from at least two individuals who are not related to the prospective adoptive parent and with at least one individual who is related to the prospective adoptive parent; (iv) a medical history and a doctor's report, based upon a doctor's physical examination of the prospective adoptive parent, made within two years before the date of the application; and (v) a description of an inspection of the home to determine whether sufficient space and facilities exist to meet the needs of the adoptee and whether basic health and safety standards are maintained. (7) Any fee assessed by the evaluating agency described in Subsection (2)(d) is the responsibility of the adopting parent. (8) The person conducting the preplacement adoptive evaluation shall, in connection with the preplacement adoptive evaluation, provide the prospective adoptive parent with literature approved by the division relating to adoption, including information relating to: (a) the adoption process; (b) developmental issues that may require early intervention; and (c) community resources that are available to the prospective adoptive parent. (9) A copy of the preplacement adoptive evaluation shall be filed with the court. (10) A home study completed for the purposes of foster care licensing in accordance with Title 80, Chapter 2, Part 3, Division Responsibilities, shall be accepted by the court for a proceeding under this part.
Utah Code § 81-11-201 — Utah Code / Title 81 / Chapter 81-11 / § 81-11-201
§ 81-11-201. Initial child custody jurisdiction.
Status: in_force

(1) Except as otherwise provided in Section 81-11-204, a court of this state has jurisdiction to make an initial child custody determination only if: (a) this state is the home state of the minor child on the date of the commencement of the proceeding, or was the home state of the minor child within six months before the commencement of the proceeding and the minor child is absent from this state but a parent or person acting as a parent continues to live in this state; (b) a court of another state does not have jurisdiction under Subsection (1)(a), or a court of the home state of the minor child has declined to exercise jurisdiction on the ground that this state is the more appropriate forum under Section 81-11-207 or 81-11-208, and: (i) the minor child and the minor child's parents, or the minor child and at least one parent or a person acting as a parent have a significant connection with this state other than mere physical presence; and (ii) substantial evidence is available in this state concerning the minor child's care, protection, training, and personal relationships; (c) all courts having jurisdiction under Subsection (1)(a) or (b) have declined to exercise jurisdiction on the ground that a court of this state is the more appropriate forum to determine the custody of the minor child under Section 81-11-207 or 81-11-208; or (d) no state would have jurisdiction under Subsection (1)(a), (b), or (c). (2) Subsection (1) is the exclusive jurisdictional basis for making a child custody determination by a court of this state. (3) Physical presence of, or personal jurisdiction over, a party or a minor child is neither necessary nor sufficient to make a child custody determination.
Utah Code § 81-4-303 — Utah Code / Title 81 / Chapter 81-4 / § 81-4-303
§ 81-4-303. Petition for annulment -- Venue -- Judgment on validity of marriage.
Status: in_force

(1) (a) When there is doubt as to the validity of a marriage, a party to the marriage may bring a petition for annulment to demand avoidance or affirmance of the marriage. (b) If one of the parties was under 18 years old at the time of the marriage, the other party, being of proper age at the time of the marriage, may not bring a petition for annulment against the party who was under 18 years old. (2) A petitioner may bring a petition for annulment in any county where the petitioner or respondent is domiciled. (3) (a) If a petition for annulment is filed upon the ground that one or both of the parties were prohibited from marriage because of the age of the parties, the court may refuse to grant the annulment if the court finds that it is in the best interest of the parties, or a child of the parties, to refuse the annulment. (b) The refusal to annul under Subsection (3)(a) makes the marriage valid and subsisting for all purposes. (4) If the parties have accumulated any property or acquired any obligations subsequent to the marriage, if there is a genuine need arising from an economic change of circumstances due to the marriage, or if there is a child born or expected, the court may make temporary and final orders, and subsequently modify the orders, as may be equitable, in regards to: (a) the property and obligations of the parties; (b) the support and maintenance of the parties and a child, as defined in Section 81-6-101, of the parties; and (c) the custody and parent-time for a minor child of the parties. (5) A judgment in an action under this part: (a) shall declare the marriage valid or annulled; and (b) is conclusive upon all persons concerned with the marriage.
Utah Code § 81-5-620 — Utah Code / Title 81 / Chapter 81-5 / § 81-5-620
§ 81-5-620. Adjudication of parentage -- Order on default.
Status: in_force

The tribunal shall issue an order adjudicating the parentage of a man who: (1) after service of process, is in default; and (2) is found by the tribunal to be the father of a child.
Utah Code § 81-11-102 — Utah Code / Title 81 / Chapter 81-11 / § 81-11-102
§ 81-11-102. Proceedings governed by other law.
Status: in_force

(1) As used in this section, "adoption proceeding" means any proceeding under Chapter 13, Adoption. (2) This chapter does not govern: (a) an adoption proceeding; or (b) a proceeding pertaining to the authorization of emergency medical care for a minor child.
Utah Code § 81-8-712 — Utah Code / Title 81 / Chapter 81-8 / § 81-8-712
§ 81-8-712. Personal information -- Limit on use.
Status: in_force

Personal information gathered or transmitted under this part may be used only for the purposes for which it was gathered or transmitted.
Utah Code § 81-7-101 — Utah Code / Title 81 / Chapter 81-7 / § 81-7-101
§ 81-7-101. Definitions for chapter.
Status: in_force

As used in this chapter: (1) "Alimony" means the same as that term is defined in Section 81-4-101. (2) "Child support" means the same as that term is defined in Section 81-6-101. (3) "Child support services" means the same as that term is defined in Section 26B-9-101. (4) "Delinquent" means a payment for child support that is overdue. (5) "Obligee" means the same as that term is defined in Section 81-6-101. (6) "Obligor" means the same as that term is defined in Section 81-6-101. (7) "Support order" means the same as that term is defined in Section 81-6-101. (8) "Tribunal" means the same as that term is defined in Section 81-6-101.
Utah Code § 81-5-304 — Utah Code / Title 81 / Chapter 81-5 / § 81-5-304
§ 81-5-304. Rules for declaration and denial of paternity.
Status: in_force

(1) (a) A declaration of paternity and a denial of paternity shall be contained in a single document. (b) If the declaration of paternity and the denial of paternity are both necessary, neither is valid until both are signed and filed. (2) A declaration of paternity or a denial of paternity may not be signed before the birth of the child. (3) Subject to Subsection (1), a declaration of paternity or denial of paternity takes effect on the birth of the child or the filing of the document with the Office of Vital Records and Statistics, whichever occurs later. (4) A declaration of paternity or denial of paternity signed by a minor and by the minor's parent or legal guardian is valid if the declaration of paternity or the denial of paternity is otherwise in compliance with this chapter.
Utah Code § 81-10-401 — Utah Code / Title 81 / Chapter 81-10 / § 81-10-401
§ 81-10-401. Procedure for terminating temporary grant of custodial responsibility established by agreement.
Status: in_force

(1) At any time after return from deployment, a temporary agreement granting custodial responsibility under Part 2, Agreement Addressing Custodial Responsibility During Deployment, may be terminated by an agreement to terminate signed by the deploying parent and the other parent. (2) A temporary agreement under Part 2, Agreement Addressing Custodial Responsibility During Deployment, granting custodial responsibility terminates: (a) if an agreement to terminate under Subsection (1) specifies a date for termination, on that date; or (b) if the agreement to terminate does not specify a date, on the date the agreement to terminate is signed by the deploying parent and the other parent. (3) In the absence of an agreement under Subsection (1) to terminate, a temporary agreement granting custodial responsibility terminates under Part 2, Agreement Addressing Custodial Responsibility During Deployment, 30 days after the deploying parent gives notice to the other parent that the deploying parent returned from deployment. (4) (a) If a temporary agreement granting custodial responsibility was filed with a court in accordance with Section 81-10-205, an agreement to terminate the temporary agreement shall also be filed with that court within a reasonable time after the signing of the agreement. (b) The case number and heading of the case concerning custodial responsibility or child support shall be provided to the court with the agreement to terminate.
Utah Code § 81-8-313 — Utah Code / Title 81 / Chapter 81-8 / § 81-8-313
§ 81-8-313. Costs and fees.
Status: in_force

(1) The petitioner may not be required to pay a filing fee or other costs. (2) (a) If an obligee prevails, a responding tribunal of this state may assess against an obligor filing fees, reasonable attorney fees, other costs, and necessary travel and other reasonable expenses incurred by the obligee and the obligee's witnesses. (b) The tribunal may not assess fees, costs, or expenses against the obligee or the child support services agency of either the initiating or the responding state or a foreign country, except as provided by law. (c) Attorney fees may be taxed as costs, and may be ordered paid directly to the attorney, who may enforce the order in the attorney's own name. (d) Payment of support owed to the obligee has priority over fees, costs, and expenses. (3) (a) The tribunal shall order the payment of costs and reasonable attorney fees if it determines that a hearing was requested primarily for delay. (b) In a proceeding under Part 6, Registration, Enforcement, and Modification of Support Order, a hearing is presumed to have been requested primarily for delay if a registered support order is confirmed or enforced without change.
Utah Code § 81-5-409 — Utah Code / Title 81 / Chapter 81-5 / § 81-5-409
§ 81-5-409. Search of records -- Certificate.
Status: in_force

(1) Upon the request of an individual, tribunal, or agency identified in Section 81-5-405, the Office of Vital Records and Statistics shall search its records for any registration made in accordance with Section 81-5-401 and furnish to the requestor a certificate of search that shall be signed on behalf of the Office of Vital Records and Statistics and state that: (a) a search has been made of the records of the Office of Vital Records and Statistics; and (b) a registration containing the information required to identify the registrant: (i) has been found and is attached to the certificate of search; or (ii) has not been found. (2) A petitioner shall file the certificate of search with the tribunal in connection with a proceeding for adoption.
Utah Code § 81-8-708 — Utah Code / Title 81 / Chapter 81-8 / § 81-8-708
§ 81-8-708. Recognition and enforcement of registered convention support order.
Status: in_force

(1) Except as otherwise provided in Subsection (2), a tribunal of this state shall recognize and enforce a registered convention support order. (2) The following grounds are the only grounds on which a tribunal of this state may refuse recognition and enforcement of a registered convention support order: (a) recognition and enforcement of the order is manifestly incompatible with public policy, including the failure of the issuing tribunal to observe minimum standards of due process, which include notice and an opportunity to be heard; (b) the issuing tribunal lacked personal jurisdiction consistent with Section 81-8-201; (c) the order is not enforceable in the issuing country; (d) the order was obtained by fraud in connection with a matter of procedure; (e) a record transmitted in accordance with Section 81-8-706 lacks authenticity or integrity; (f) a proceeding between the same parties and having the same purpose is pending before a tribunal of this state and that proceeding was the first to be filed; (g) the order is incompatible with a more recent support order involving the same parties and having the same purpose if the more recent support order is entitled to recognition and enforcement under this chapter in this state; (h) payment, to the extent alleged arrears have been paid in whole or in part; (i) in a case in which the respondent neither appeared nor was represented in the proceeding in the issuing foreign country: (i) if the law of that country provides for prior notice of proceedings, the respondent did not have proper notice of the proceedings and an opportunity to be heard; or (ii) if the law of that country does not provide for prior notice of the proceedings, the respondent did not have proper notice of the order and an opportunity to be heard in a challenge or appeal on fact or law before a tribunal; or (j) the order was made in violation of Section 81-8-711. (3) If a tribunal of this state does not recognize a convention support order under Subsection (2)(b), (d), or (i): (a) the tribunal may not dismiss the proceeding without allowing a reasonable time for a party to request the establishment of a new convention support order; and (b) the Utah Department of Health and Human Services shall take all appropriate measures to request a child support order for the obligee if the application for recognition and enforcement was received under Section 81-8-704.
Utah Code § 81-4-105 — Utah Code / Title 81 / Chapter 81-4 / § 81-4-105
§ 81-4-105. Mandatory orientation course for divorce or temporary separation actions.
Status: in_force

(1) (a) There is established a mandatory divorce orientation course for all parties with minor children who file a petition for temporary separation or for a divorce. (b) A couple with no minor children is not required, but may choose to attend the course. (2) The divorce orientation course shall be neutral, unbiased, and at least one hour in duration. (3) The divorce orientation course shall educate the parties about the divorce process and reasonable alternatives, including instructing the parties on: (a) options available as alternatives to divorce; (b) resources available from courts and administrative agencies for resolving custody and support issues without filing for divorce; (c) resources available to improve or strengthen the marriage; (d) a discussion of the positive and negative consequences of divorce; (e) a discussion of the process of divorce; (f) options available for proceeding with a divorce, including: (i) mediation; (ii) collaborative law; and (iii) litigation; and (g) a discussion of post-divorce resources. (4) The divorce orientation course may be provided in conjunction with a mandatory parenting course required by Section 81-9-103. (5) The Administrative Office of the Courts shall administer the divorce orientation course, 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. (6) The divorce orientation course may be through live instruction, video instruction, or through an online provider. (7) (a) A party shall pay the cost of the divorce orientation course to the independent contractor providing the course at the time and place of the course. (b) A party may not be charged more than $30 to participate in the divorce orientation course. (c) A petitioner may not be charged more than $15 to participate in the divorce orientation course if the petitioner attends a live instruction course within 30 days after the day on which the petitioner filed the action. (d) A respondent may not be charged more than $15 to participate in the divorce orientation course if the respondent attends a live instruction course within 30 days after the day on which the respondent is served with the action. (e) A fee of $5 shall be collected, as part of the divorce orientation course fee paid by each participant, and deposited in the Children's Legal Defense Account described in Section 51-9-408. (f) Each party who is unable to pay the costs of the course may attend the divorce orientation course, without payment, upon a prima facie showing of indigency as evidenced by an affidavit of indigency filed in the district court in accordance with Section 78A-2-302. (g) 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 the divorce orientation course under Subsection (7)(f). (8) The Online Court Assistance Program shall include instructions with the forms for divorce that inform the petitioner of the requirement of this section. (9) A certificate of completion constitutes evidence to the court of completion of the divorce orientation course by the parties. (10) The Administrative Office of the Courts shall: (a) adopt a program to evaluate the effectiveness of the divorce orientation course described in this section; and (b) provide progress reports to the Judiciary Interim Committee if requested.
Utah Code § 81-5-310 — Utah Code / Title 81 / Chapter 81-5 / § 81-5-310
§ 81-5-310. Full faith and credit.
Status: in_force

A tribunal of this state shall give full faith and credit to a declaration of paternity or denial of paternity effective in another state if the declaration or denial has been signed and is otherwise in compliance with the law of the other state.
Utah Code § 81-6-110 — Utah Code / Title 81 / Chapter 81-6 / § 81-6-110
§ 81-6-110. County attorney to assist obligee.
Status: in_force

(1) The county attorney's office shall provide assistance to an obligee desiring to proceed under this part in the following manner: (a) provide forms, approved by the Judicial Council, for an order of wage assignment if the obligee is not represented by legal counsel; (b) inform the obligee of the right to file indigently if the obligee is unable to bear the expenses of the action and assist the obligee with such filing; (c) advise the obligee of the available methods for service of process; and (d) assist the obligee in expeditiously scheduling a hearing before the court. (2) The county attorney's office may charge a fee not to exceed $25 for providing assistance to an obligee under Subsection (1).
Utah Code § 81-3-107 — Utah Code / Title 81 / Chapter 81-3 / § 81-3-107
§ 81-3-107. Liability for spouse's torts.
Status: in_force

(1) If a married individual is held liable in a civil action, the plaintiff may recover damages from the individual alone. (2) The spouse of the individual described in Subsection (1) may not be held liable in the civil action, except in an action where the spouse would be jointly liable with the individual if the marriage did not exist.
Utah Code § 81-6-103 — Utah Code / Title 81 / Chapter 81-6 / § 81-6-103
§ 81-6-103. Jurisdiction over a child support proceeding -- Appeals.
Status: in_force

(1) A court has jurisdiction over a proceeding brought under this chapter in accordance with Title 78A, Judiciary and Judicial Administration. (2) An appeal may be taken from an order or judgment under this part as in other civil actions.
Utah Code § 81-5-506 — Utah Code / Title 81 / Chapter 81-5 / § 81-5-506
§ 81-5-506. Costs of genetic testing.
Status: in_force

(1) Subject to assessment of costs under Part 6, Adjudication of Parentage, the cost of initial genetic testing shall be advanced: (a) by a child support services agency in a proceeding in which the child support services agency is providing services; (b) by the individual who made the request; (c) as agreed by the parties; or (d) as ordered by the tribunal. (2) In cases in which the cost is advanced by the child support services agency, the agency may seek reimbursement from a man who is rebuttably identified as the father of the child.
Utah Code § 81-15-123 — Utah Code / Title 81 / Chapter 81-15 / § 81-15-123
§ 81-15-123. Appeal.
Status: in_force

(1) An appeal may be taken under this chapter from: (a) an order denying a motion to compel arbitration; (b) an order granting a motion to stay arbitration; (c) an order confirming or denying confirmation of an award; (d) an order modifying or correcting an award; (e) an order vacating an award without directing a rehearing; or (f) a final judgment entered in accordance with this chapter. (2) An appeal under this section shall be taken as from an order or a judgment in a civil action.
Utah Code § 81-11-208 — Utah Code / Title 81 / Chapter 81-11 / § 81-11-208
§ 81-11-208. Jurisdiction declined by reason of conduct.
Status: in_force

(1) Except as otherwise provided in Section 81-11-204 or by other law of this state, if a court of this state has jurisdiction under this chapter because a person invoking the jurisdiction has engaged in unjustifiable conduct, the court shall decline to exercise the court's jurisdiction unless: (a) the parents and all persons acting as parents have acquiesced in the exercise of jurisdiction; (b) a court of the state otherwise having jurisdiction under Sections 81-11-201 through 81-11-203 determines that this state is a more appropriate forum under Section 81-11-207; or (c) no other state would have jurisdiction under Sections 81-11-201 through 81-11-203. (2) If a court of this state declines to exercise the court's jurisdiction in accordance with Subsection (1), the court may fashion an appropriate remedy to ensure the safety of the minor child and prevent a repetition of the wrongful conduct, including staying the proceeding until a child custody proceeding is commenced in a court having jurisdiction under Sections 81-11-201 through 81-11-203. (3) (a) If a court dismisses a petition or stays a proceeding because it declines to exercise the court's jurisdiction in accordance with Subsection (1), the court shall charge the party invoking the jurisdiction of the court with necessary and reasonable expenses including costs, communication expenses, attorney fees, investigative fees, expenses for witnesses, travel expenses, and child care during the course of the proceedings, unless the party from whom fees are sought establishes that the award would be clearly inappropriate. (b) The court may not assess fees, costs, or expenses against this state except as otherwise provided by law other than this chapter.
Utah Code § 81-9-304 — Utah Code / Title 81 / Chapter 81-9 / § 81-9-304
§ 81-9-304. Minimum schedule for parent-time for a minor child under five years old.
Status: in_force

1/1/2027 (1) The parent-time schedule in this section applies when establishing a parent-time schedule for a minor child who is younger than five years old. (2) If the parties do not agree to a parent-time schedule, the schedules in Subsections (3) through (8) are considered the minimum parent-time to which the noncustodial parent is entitled to the minor child. (3) For a minor child who is younger than five months old, the noncustodial parent is entitled to: (a) three two-hour visits every week; and (b) two hours for each holiday granted to the noncustodial parent in the holiday schedule under Subsection (15). (4) For a minor child who is at least five months old but younger than nine months old, the noncustodial parent is entitled to: (a) three three-hour visits every week; and (b) two hours for each holiday granted to the noncustodial parent in the holiday schedule under Subsection (15). (5) For a minor child who is at least nine months old but younger than 12 months old, the noncustodial parent is entitled to: (a) one eight-hour visit every week; (b) one three-hour visit every week; and (c) eight hours for each holiday granted to the noncustodial parent in accordance with the holiday schedule under Subsection (15). (6) For a minor child who is at least 12 months old but younger than 18 months old, the noncustodial parent is entitled to: (a) one three-hour visit every week; (b) beginning on the first weekend after the entry of the decree, alternating weekends beginning at 5:30 p.m. on Friday and ending on Sunday at 7:30 p.m.; and (c) eight hours for each holiday granted to the noncustodial parent in the holiday schedule under Subsection (15). (7) For a minor child who is at least 18 months old but younger than three years old, the noncustodial parent is entitled to: (a) one weekday evening to be specified by the noncustodial parent or the court: (i) beginning at 5:30 p.m. and ending at 7:30 p.m.; or (ii) if the minor child is being cared for during the day outside the minor child's regular place of residence and with advance notice to the custodial parent, beginning at the time that the minor child is picked up from the caregiver and ending at 7:30 p.m.; (b) beginning on the first weekend after the entry of the decree, alternating weekends beginning at 5:30 p.m. on Friday and ending at 7:30 p.m. on Sunday; (c) each holiday granted to the noncustodial parent in accordance with the holiday schedule described in Subsection (15); and (d) extended parent-time for two one-week periods, separated by at least four weeks, at the option of the noncustodial parent, as follows: (i) one week of uninterrupted parent-time for the noncustodial parent, beginning at 8 a.m. on the first day and ending at 7:30 p.m. on the last day; and (ii) one week of interrupted parent-time, beginning at 8 a.m. on the first day and ending at 7:30 p.m. on the last day, where the custodial parent may have an equal amount of weekday parent-time as the noncustodial parent on the same day on which the noncustodial parent is granted weekday parent-time under Subsection (7)(a). (8) For a minor child who is at least three years old but younger than five years old, the noncustodial parent is entitled to: (a) one weekday evening to be specified by the noncustodial parent or the court: (i) beginning at 5:30 p.m. and ending at 7:30 p.m.; or (ii) if the minor child is being cared for during the day outside the minor child's regular place of residence and with advance notice to the custodial parent, beginning at the time that the minor child is picked up from the caregiver and ending at 7:30 p.m.; (b) beginning on the first weekend after the entry of the decree, alternating weekends beginning at 5:30 p.m. on Friday and ending at 7:30 p.m. on Sunday; (c) each holiday granted to the noncustodial parent in accordance with the holiday schedule described in Subsection (15); and (d) extended parent-time for two two-week periods, separated by at least four weeks, at the option of the noncustodial parent, as follows: (i) two weeks of uninterrupted parent-time, for the noncustodial parent, beginning at 8 a.m. on the first day and ending at 7:30 p.m. on the last day; and (ii) two weeks of interrupted parent-time, beginning at 8 a.m. on the first day and ending at 7:30 p.m. on the last day, where the custodial parent may have an equal amount of weekday parent-time as the noncustodial parent on the same day on which the noncustodial parent is granted weekday parent-time under Subsection (8)(a)(i). (9) For a minor child who is at least 18 months old but younger than five years old, the custodial parent is entitled to one week of uninterrupted extended parent-time. (10) (a) For a minor child who is nine months old or older, the noncustodial parent shall have at least two times a week: (i) brief telephone contact at reasonable hours and for a reasonable duration; and (ii) virtual parent-time, if the equipment is reasonably available and the parents reside at least 100 miles apart, at reasonable hours and for reasonable duration. (b) If the parties cannot agree on whether the equipment is reasonably available, the court shall decide whether the equipment for virtual parent-time is reasonably available, taking into consideration: (i) the best interests of the minor child; (ii) each parent's ability to handle any additional expenses for virtual parent-time; and (iii) any other factors the court considers material. (c) Virtual parent-time supplements, but does not replace, in-person parent-time. (11) For a minor child who is younger than nine months old, unless the parents agree otherwise, parent-time should take place in the home of the custodial parent, an established child-care setting, or other environment familiar to the minor child, at the option of the noncustodial parent. (12) (a) Changes may not be made to the parent-time schedule under this section, except that if a conflict arises in the parent-time schedule, the following order of precedence shall be applied when determining which parent is entitled to parent-time: (i) the holiday schedule for Mother's Day or Father's Day under Subsection (15); (ii) the holiday schedule for the minor child's birthday, unless a parent is exercising uninterrupted extended parent-time under Subsection (7)(d), (8)(d), or (9) and takes the minor child away from that parent's residence during the uninterrupted extended parent-time; (iii) the holiday schedule for any holiday under Subsection (15) that is not Father's Day, Mother's Day, or the minor child's birthday; (iv) extended parent-time under Subsection (7)(d), (8)(d), or (9); and (v) the schedule for weekday or weekend parent-time. (b) A parent exercising parent-time for the minor child's birthday may bring other siblings along for the minor child's birthday. (13) If a holiday falls on a regularly scheduled school day, the parent exercising parent-time shall be responsible for the minor child's attendance at school for that school day. (14) A parent shall notify the other parent at least 30 days in advance of the parent's plans for the exercise of extended parent-time under Subsection (7)(d), (8)(d), or (9). (15) The following table is the holiday schedule for parent-time under this section. HolidayHoliday Time PeriodYears Noncustodial Parent is Granted HolidayYears Custodial Parent is Granted HolidayDr. Martin Luther King Jr. Day(1) Holiday begins on Friday at:(a) 8 a.m. if the parent is available to be with the minor child; or(b) 5:30 p.m. at the election of the parent granted the holiday.(2) Holiday ends at 7:30 p.m. on Dr. Martin Luther King Jr. Day.Odd yearsEven yearsPresidents' Day(1) Holiday begins on Friday at:(a) 8 a.m. if the parent is available to be with the minor child; or(b) 5:30 p.m. at the election of the parent granted the holiday.(2) Holiday ends at 7:30 p.m. on Presidents' Day.Even yearsOdd yearsSpring Break(1) Holiday begins at 5:30 p.m. on the day that school dismisses for spring break.(2) Holiday ends at 7:30 p.m. on the day before school resumes.Odd yearsEven yearsMemorial Day(1) Holiday begins on Friday at:(a) 8 a.m. if the parent is available to be with the minor child; or(b) 5:30 p.m. at the election of the parent granted the holiday.(2) Holiday ends at 7:30 p.m. on Memorial Day.Even yearsOdd yearsMother's Day(1) Holiday begins at 5:30 p.m. on the day before Mother's Day.(2) Holiday ends on Mother's Day at 7:30 p.m.All years if noncustodial parent is the mother or other parent designated in the order.All years if custodial parent is the mother or other parent designated in the order.Father's Day(1) Holiday begins at 5:30 p.m. on the day before Father's Day.(2) Holiday ends on Father's Day at 7:30 p.m.All years if noncustodial parent is the father or other parent designated in the order.All years if custodial parent is the father or other parent designated in the order.Juneteenth National Freedom Day(1) Holiday begins on Friday at 5:30 p.m. and ends on Saturday at 5:30 p.m., if Juneteenth National Freedom Day is on the day before Father's Day.(2) Holiday begins on Sunday at 7:30 p.m. and ends on Tuesday at 7:30 p.m., if Juneteenth National Freedom Day is on Father's Day or on the day following Father's Day.(3) Holiday begins at 5:30 p.m. on the day before Juneteenth National Freedom Day and ends at 7:30 p.m. on the day following Juneteenth National Freedom Day, unless Juneteenth National Freedom Day is on Father's Day, the day before Father's Day, or the day following Father's Day.Even yearsOdd yearsIndependence Day(1) Holiday begins on July 3rd at 5:30 p.m.(2) Holiday ends on July 5th at 7:30 p.m.Odd yearsEven yearsPioneer Day(1) Holiday begins on July 23rd at 5:30 p.m.(2) Holiday ends on July 25th at 7:30 p.m. Even yearsOdd yearsLabor Day(1) Holiday begins on Friday at:(a) 8 a.m. if the parent is available to be with the minor child; or(b) 5:30 p.m. at the election of the parent granted the holiday.(2) Holiday ends at 7:30 p.m. on Labor Day.Odd yearsEven yearsFall Break(1) Holiday begins at 5:30 p.m. on the day school is dismissed for fall break.(2) Holiday ends at 7:30 p.m. on the day before school resumes.Odd yearsEven yearsHalloween(1) Holiday begins on October 31st or the day that Halloween is traditionally celebrated in the local community:(a) at the time that school is dismissed; or(b) at 3 p.m. if there is no school.(2) Holiday ends at 7:30 p.m. on the same day the holiday begins.Even yearsOdd yearsThanksgiving(1) Holiday begins at 5:30 p.m. on the day that school dismisses for Thanksgiving.(2) Holiday ends at 7:30 p.m. on day before school resumes.Even yearsOdd yearsWinter Break (First Half)(1) Holiday begins at 5:30 p.m. on the day on that school dismisses for winter break.(2) Holiday ends on December 27th at 7:30 p.m.Odd yearsEven yearsWinter Break (Second Half)(1) Holiday begins on December 27th at 7:30 p.m.(2) Holiday ends at 7:30 p.m. on the day before school resumes.Even yearsOdd yearsDay of Minor Child's Birthday(1) Holiday begins at 3 p.m.(2) Holiday ends at 7:30 p.m.Even yearsOdd yearsDay Before or After Minor Child's Birthday(1) Holiday begins at 3 p.m.(2) Holiday ends at 7:30 p.m.Odd yearsEven years1/1/2027 (1) The parent-time schedule in this section applies when establishing a parent-time schedule for a minor child who is younger than five years old. (2) If the parties do not agree to a parent-time schedule, the schedules in Subsections (3) through (8) are considered the minimum parent-time to which the noncustodial parent is entitled to the minor child. (3) For a minor child who is younger than five months old, the noncustodial parent is entitled to: (a) three two-hour visits every week; and (b) two hours for each holiday granted to the noncustodial parent in the holiday schedule under Subsection (15). (4) For a minor child who is at least five months old but younger than nine months old, the noncustodial parent is entitled to: (a) three three-hour visits every week; and (b) two hours for each holiday granted to the noncustodial parent in the holiday schedule under Subsection (15). (5) For a minor child who is at least nine months old but younger than 12 months old, the noncustodial parent is entitled to: (a) one eight-hour visit every week; (b) one three-hour visit every week; and (c) eight hours for each holiday granted to the noncustodial parent in accordance with the holiday schedule under Subsection (15). (6) For a minor child who is at least 12 months old but younger than 18 months old, the noncustodial parent is entitled to: (a) one three-hour visit every week; (b) beginning on the first weekend after the entry of the decree, alternating weekends beginning at 5:30 p.m. on Friday and ending on Sunday at 7:30 p.m.; and (c) eight hours for each holiday granted to the noncustodial parent in the holiday schedule under Subsection (15). (7) For a minor child who is at least 18 months old but younger than three years old, the noncustodial parent is entitled to: (a) one weekday evening to be specified by the noncustodial parent or the court: (i) beginning at 5:30 p.m. and ending at 7:30 p.m.; or (ii) if the minor child is being cared for during the day outside the minor child's regular place of residence and with advance notice to the custodial parent, beginning at the time that the minor child is picked up from the caregiver and ending at 7:30 p.m.; (b) beginning on the first weekend after the entry of the decree, alternating weekends beginning at 5:30 p.m. on Friday and ending at 7:30 p.m. on Sunday; (c) each holiday granted to the noncustodial parent in accordance with the holiday schedule described in Subsection (15); and (d) extended parent-time for two one-week periods, separated by at least four weeks, at the option of the noncustodial parent, as follows: (i) one week of uninterrupted parent-time for the noncustodial parent, beginning at 8 a.m. on the first day and ending at 7:30 p.m. on the last day; and (ii) one week of interrupted parent-time, beginning at 8 a.m. on the first day and ending at 7:30 p.m. on the last day, where the custodial parent may have an equal amount of weekday parent-time as the noncustodial parent on the same day on which the noncustodial parent is granted weekday parent-time under Subsection (7)(a). (8) For a minor child who is at least three years old but younger than five years old, the noncustodial parent is entitled to: (a) one weekday evening to be specified by the noncustodial parent or the court: (i) beginning at 5:30 p.m. and ending at 7:30 p.m.; or (ii) if the minor child is being cared for during the day outside the minor child's regular place of residence and with advance notice to the custodial parent, beginning at the time that the minor child is picked up from the caregiver and ending at 7:30 p.m.; (b) beginning on the first weekend after the entry of the decree, alternating weekends beginning at 5:30 p.m. on Friday and ending at 7:30 p.m. on Sunday; (c) each holiday granted to the noncustodial parent in accordance with the holiday schedule described in Subsection (15); and (d) extended parent-time for two two-week periods, separated by at least four weeks, at the option of the noncustodial parent, as follows: (i) two weeks of uninterrupted parent-time, for the noncustodial parent, beginning at 8 a.m. on the first day and ending at 7:30 p.m. on the last day; and (ii) two weeks of interrupted parent-time, beginning at 8 a.m. on the first day and ending at 7:30 p.m. on the last day, where the custodial parent may have an equal amount of weekday parent-time as the noncustodial parent on the same day on which the noncustodial parent is granted weekday parent-time under Subsection (8)(a)(i). (9) For a minor child who is at least 18 months old but younger than five years old, the custodial parent is entitled to one week of uninterrupted extended parent-time. (10) (a) For a minor child who is nine months old or older, the noncustodial parent shall have at least two times a week: (i) brief telephone contact at reasonable hours and for a reasonable duration; and (ii) virtual parent-time, if the equipment is reasonably available and the parents reside at least 100 miles apart, at reasonable hours and for reasonable duration. (b) If the parties cannot agree on whether the equipment is reasonably available, the court shall decide whether the equipment for virtual parent-time is reasonably available, taking into consideration: (i) the best interests of the minor child; (ii) each parent's ability to handle any additional expenses for virtual parent-time; and (iii) any other factors the court considers material. (c) Virtual parent-time supplements, but does not replace, in-person parent-time. (11) For a minor child who is younger than nine months old, unless the parents agree otherwise, parent-time should take place in the home of the custodial parent, an established child-care setting, or other environment familiar to the minor child, at the option of the noncustodial parent. (12) (a) Changes may not be made to the parent-time schedule under this section, except that if a conflict arises in the parent-time schedule, the following order of precedence shall be applied when determining which parent is entitled to parent-time: (i) the holiday schedule for Mother's Day or Father's Day under Subsection (15); (ii) the holiday schedule for the minor child's birthday, unless a parent is exercising uninterrupted extended parent-time under Subsection (7)(d), (8)(d), or (9) and takes the minor child away from that parent's residence during the uninterrupted extended parent-time; (iii) the holiday schedule for any holiday under Subsection (15) that is not Father's Day, Mother's Day, or the minor child's birthday; (iv) extended parent-time under Subsection (7)(d), (8)(d), or (9); and (v) the schedule for weekday or weekend parent-time. (b) A parent exercising parent-time for the minor child's birthday may bring other siblings along for the minor child's birthday. (13) If a holiday falls on a regularly scheduled school day, the parent exercising parent-time shall be responsible for the minor child's attendance at school for that school day. (14) A parent shall notify the other parent at least 30 days in advance of the parent's plans for the exercise of extended parent-time under Subsection (7)(d), (8)(d), or (9). (15) The following table is the holiday schedule for parent-time under this section. HolidayHoliday Time PeriodYears Noncustodial Parent is Granted HolidayYears Custodial Parent is Granted HolidayDr. Martin Luther King Jr. Day(1) Holiday begins on Friday at:(a) 8 a.m. if the parent is available to be with the minor child; or(b) 5:30 p.m. at the election of the parent granted the holiday.(2) Holiday ends at 7:30 p.m. on Dr. Martin Luther King Jr. Day.Odd yearsEven yearsPresidents' Day(1) Holiday begins on Friday at:(a) 8 a.m. if the parent is available to be with the minor child; or(b) 5:30 p.m. at the election of the parent granted the holiday.(2) Holiday ends at 7:30 p.m. on Presidents' Day.Even yearsOdd yearsSpring Break(1) Holiday begins at 5:30 p.m. on the day that school dismisses for spring break.(2) Holiday ends at 7:30 p.m. on the day before school resumes.Odd yearsEven yearsMemorial Day(1) Holiday begins on Friday at:(a) 8 a.m. if the parent is available to be with the minor child; or(b) 5:30 p.m. at the election of the parent granted the holiday.(2) Holiday ends at 7:30 p.m. on Memorial Day.Even yearsOdd yearsMother's Day(1) Holiday begins at 5:30 p.m. on the day before Mother's Day.(2) Holiday ends on Mother's Day at 7:30 p.m.All years if noncustodial parent is the mother or other parent designated in the order.All years if custodial parent is the mother or other parent designated in the order.Father's Day(1) Holiday begins at 5:30 p.m. on the day before Father's Day.(2) Holiday ends on Father's Day at 7:30 p.m.All years if noncustodial parent is the father or other parent designated in the order.All years if custodial parent is the father or other parent designated in the order.Juneteenth National Freedom Day(1) Holiday begins on Friday at 5:30 p.m. and ends on Saturday at 5:30 p.m., if Juneteenth National Freedom Day is on the day before Father's Day.(2) Holiday begins on Sunday at 7:30 p.m. and ends on Tuesday at 7:30 p.m., if Juneteenth National Freedom Day is on Father's Day or on the day following Father's Day.(3) Holiday begins at 5:30 p.m. on the day before Juneteenth National Freedom Day and ends at 7:30 p.m. on the day following Juneteenth National Freedom Day, unless Juneteenth National Freedom Day is on Father's Day, the day before Father's Day, or the day following Father's Day.Even yearsOdd yearsIndependence Day(1) Holiday begins on July 3rd at 5:30 p.m.(2) Holiday ends on July 5th at 7:30 p.m.Odd yearsEven yearsPioneer Day(1) Holiday begins on July 23rd at 5:30 p.m.(2) Holiday ends on July 25th at 7:30 p.m. Even yearsOdd yearsLabor Day(1) Holiday begins on Friday at:(a) 8 a.m. if the parent is available to be with the minor child; or(b) 5:30 p.m. at the election of the parent granted the holiday.(2) Holiday ends at 7:30 p.m. on Labor Day.Odd yearsEven yearsFall Break(1) Holiday begins at 5:30 p.m. on the day school is dismissed for fall break.(2) Holiday ends at 7:30 p.m. on the day before school resumes.Odd yearsEven yearsHalloween(1) Holiday begins on October 31st or the day that Halloween is traditionally celebrated in the local community:(a) at the time that school is dismissed; or(b) at 3 p.m. if there is no school.(2) Holiday ends at 7:30 p.m. on the same day the holiday begins.Even yearsOdd yearsThanksgiving(1) Holiday begins at 5:30 p.m. on the day that school dismisses for Thanksgiving.(2) Holiday ends at 7:30 p.m. on day before school resumes.Even yearsOdd yearsWinter Break (First Half)(1) Holiday begins at 5:30 p.m. on the day on that school dismisses for winter break.(2) Holiday ends on December 27th at 7:30 p.m.Odd yearsEven yearsWinter Break (Second Half)(1) Holiday begins on December 27th at 7:30 p.m.(2) Holiday ends at 7:30 p.m. on the day before school resumes.Even yearsOdd yearsDay of Minor Child's Birthday(1) Holiday begins at 3 p.m.(2) Holiday ends at 7:30 p.m.Even yearsOdd yearsDay Before or After Minor Child's Birthday(1) Holiday begins at 3 p.m.(2) Holiday ends at 7:30 p.m.Odd yearsEven years
Utah Code § 81-6-106 — Utah Code / Title 81 / Chapter 81-6 / § 81-6-106
§ 81-6-106. Duty of obligor -- Enforcement of right of support.
Status: in_force

(1) (a) An obligor who is present in, or a resident of, this state has the duty to provide support to the child regardless of the presence or residence of the obligee. (b) The obligee may enforce the obligee's right of support against the obligor. (2) (a) The office may proceed pursuant to this part or any other applicable statute on behalf of: (i) the Department of Health and Human Services; (ii) any other department or agency of this state that provides public assistance, as defined by Section 26B-9-101, to enforce the right to recover public assistance; or (iii) the obligee, to enforce the obligee's right of support against the obligor. (b) Whenever any court action is commenced by the office to enforce payment of the obligor's support obligation, the attorney general or the county attorney of the county of residence of the obligee shall represent the office. (c) The attorney general or the county attorney does not represent or have an attorney-client relationship with the obligee or the obligor in carrying out the duties under this chapter. (3) (a) A person may not commence an action, file a pleading, or submit a written stipulation to the court, without complying with Subsection (3)(b), if the purpose or effect of the action, pleading, or stipulation is to: (i) establish paternity; (ii) establish or modify a support obligation; (iii) change the court-ordered manner of payment of support; (iv) recover support due or owing; or (v) appeal issues regarding child support laws. (b) (i) When taking an action described in Subsection (3)(a), a person must file an affidavit with the court at the time the action is commenced, the pleading is filed, or the stipulation is submitted stating whether child support services have been or are being provided under Part IV of the Social Security Act, 42 U.S.C., Section 601 et seq., on behalf of a child who is a subject of the action, pleading, or stipulation. (ii) If child support services have been or are being provided, under Part IV of the Social Security Act, 42 U.S.C., Section 601 et seq., the person shall mail a copy of the affidavit and a copy of the pleading or stipulation to the child and family support division of the Office of the Attorney General. (iii) (A) If notice is not given in accordance with this Subsection (3), the office is not bound by any decision, judgment, agreement, or compromise rendered in the action. (B) For purposes of appeals, service must be made on the Office of the Director for the Office of Recovery Services. (c) If child support services have been or are being provided, that person shall join the office as a party to the action, or mail or deliver a written request to the child and family support division of the Office of the Attorney General, asking the office to join as a party to the action. (d) A copy of the request described in Subsection (3)(c), along with proof of service, shall be filed with the court. (e) The office shall be represented as provided in Subsection (2)(b).
Utah Code § 81-11-307 — Utah Code / Title 81 / Chapter 81-11 / § 81-11-307
§ 81-11-307. Simultaneous proceedings.
Status: in_force

(1) If a proceeding for enforcement under this part has been or is commenced in this state and a court of this state determines that a proceeding to modify the determination has been commenced in another state having jurisdiction to modify the determination under Part 2, Jurisdiction, the enforcing court shall immediately communicate with the modifying court. (2) The proceeding for enforcement continues unless the enforcing court, after consultation with the modifying court, stays or dismisses the proceeding.
Utah Code § 81-5-613 — Utah Code / Title 81 / Chapter 81-5 / § 81-5-613
§ 81-5-613. Admissibility of results of genetic testing -- Expenses.
Status: in_force

(1) (a) Except as otherwise provided in Subsection (3), a record of a genetic-testing expert is admissible as evidence of the truth of the facts asserted in the report unless a party objects to its admission within 14 days after its receipt by the objecting party and cites specific grounds for exclusion. (b) Unless a party files a timely objection, testimony shall be in affidavit form. (c) The admissibility of the report is not affected by whether the testing was performed: (i) voluntarily or pursuant to an order of the tribunal; or (ii) before or after the commencement of the proceeding. (2) (a) A party objecting to the results of genetic testing may call one or more genetic-testing experts to testify in person or by telephone, video conference, deposition, or another method approved by the tribunal. (b) Unless otherwise ordered by the tribunal, the party offering the testimony bears the expense for the expert testifying. (3) If a child has a presumed or declarant father, the results of genetic testing are inadmissible to adjudicate parentage unless performed: (a) in accordance with Section 81-5-503; (b) within the time periods described in this chapter; (c) pursuant to a tribunal order or administrative process; or (d) with the consent of both the mother and the presumed or declarant father. (4) If a child has an adjudicated father, the results of genetic testing are inadmissible to challenge parentage except as set forth in Sections 81-5-607 and 81-5-608. (5) Copies of bills for genetic testing and for prenatal and postnatal health care for the birth mother and child which are furnished to the adverse party not less than 10 days before the date of a hearing are admissible to establish: (a) the amount of the charges billed; and (b) that the charges were reasonable, necessary, and customary.
Utah Code § 81-2-209 — Utah Code / Title 81 / Chapter 81-2 / § 81-2-209
§ 81-2-209. Fee for counseling.
Status: in_force

Any county adopting a master plan under this act is authorized to charge, in addition to the county's ordinary marriage license application fees, not more than $10 for premarital counseling, to be paid by the applicants at the time the applicants make application.
Utah Code § 81-11-206 — Utah Code / Title 81 / Chapter 81-11 / § 81-11-206
§ 81-11-206. Simultaneous proceedings.
Status: in_force

(1) Except as otherwise provided in Section 81-11-204, a court of this state may not exercise its jurisdiction under this chapter if at the time of the commencement of the proceeding a proceeding concerning the custody of the minor child had been previously commenced in a court of another state having jurisdiction substantially in conformity with this chapter, unless the proceeding has been terminated or is stayed by the court of the other state because a court of this state is a more convenient forum under Section 81-11-207. (2) (a) Except as otherwise provided in Section 81-11-204, a court of this state, before hearing a child custody proceeding, shall examine the court documents and other information supplied by the parties in accordance with Section 81-11-209. (b) If the court determines that a child custody proceeding was previously commenced in a court in another state having jurisdiction substantially in accordance with this chapter, the court of this state shall stay the court's proceeding and communicate with the court of the other state. (c) If the court of the state having jurisdiction substantially in accordance with this chapter does not determine that the court of this state is a more appropriate forum, the court of this state shall dismiss the proceeding. (3) (a) In a proceeding to modify a child custody determination, a court of this state shall determine whether a proceeding to enforce the determination has been commenced in another state. (b) If a proceeding to enforce a child custody determination has been commenced in another state, the court may: (i) stay the proceeding for modification pending the entry of an order of a court of the other state enforcing, staying, denying, or dismissing the proceeding for enforcement; (ii) enjoin the parties from continuing with the proceeding for enforcement; or (iii) proceed with the modification under conditions it considers appropriate.
Utah Code § 81-4-401 — Utah Code / Title 81 / Chapter 81-4 / § 81-4-401
§ 81-4-401. Definitions for part.
Status: in_force

As used in this part: (1) "Cohabitation" means the same as the term, "cohabit," is defined in Section 81-4-501. (2) "Mandatory courses" means: (a) the mandatory divorce orientation course described in Section 81-4-105; and (b) the mandatory parenting course described in Section 81-9-103. (3) "Petitioner" means the individual who brings a petition for divorce. (4) "Respondent" means the individual against whom a petition for divorce is brought.
Utah Code § 81-11-203 — Utah Code / Title 81 / Chapter 81-11 / § 81-11-203
§ 81-11-203. Jurisdiction to modify determination.
Status: in_force

Except as otherwise provided in Section 81-11-204, a court of this state may not modify a child custody determination made by a court of another state unless a court of this state has jurisdiction to make an initial determination under Subsection 81-11-201(1)(a) or (b) and: (1) the court of the other state determines the court no longer has exclusive, continuing jurisdiction under Section 81-11-202 or that a court of this state would be a more convenient forum under Section 81-11-207; or (2) a court of this state or a court of the other state determines that the minor child, a parent, and any person acting as a parent presently do not reside in the other state.
Utah Code § 81-4-501 — Utah Code / Title 81 / Chapter 81-4 / § 81-4-501
§ 81-4-501. Definitions for part.
Status: in_force

As used in this part: (1) "Child support guidelines" means the same as that term is defined in Section 81-6-101. (2) "Cohabit" means to live together, or to reside together on a regular basis, in the same residence and in a relationship of a romantic or sexual nature. (3) "Fault" means any of the following wrongful conduct during the marriage that substantially contributed to the breakup of the marriage: (a) engaging in sexual relations with an individual other than the party's spouse; (b) knowingly and intentionally causing or attempting to cause physical harm to the other party or a minor child; (c) knowingly and intentionally causing the other party or a minor child to reasonably fear life-threatening harm; or (d) substantially undermining the financial stability of the other party or the minor child. (4) "Length of the marriage" means, except as provided in Subsection 81-4-502(8), the number of years from the day on which the parties are legally married to the day on which the petition for divorce is filed with the court. (5) "Payee" means the party who is or would receive alimony from the other party. (6) "Payor" means the party who is paying, or would pay, alimony to the other party. (7) "Temporary alimony" means money that the court orders a party to pay during the pendency of an action under this chapter for the support and maintenance of a party as described in Subsection 81-1-203(4).
Utah Code § 81-13-206 — Utah Code / Title 81 / Chapter 81-13 / § 81-13-206
§ 81-13-206. Determination of rights in an adoption proceeding for a minor child.
Status: in_force

(1) (a) Any interested person may petition a court with jurisdiction over an adoption proceeding of a minor child for a determination of the rights and interests of any person who may claim an interest in the minor child under this part. (b) The petition described in Subsection (1) may be filed at any time before the finalization of the adoption, including before: (i) the minor child's birth; (ii) a petition for adoption is filed; or (iii) a petition to terminate parental rights is filed. (2) If a petition for adoption or a petition to terminate parental rights has been filed in a court with jurisdiction under Title 78A, Judiciary and Judicial Administration, the petitioner or any interested person may, without filing a separate petition, move the court for a determination of the rights and interests of any person who may claim an interest in the minor child under this chapter.
Utah Code § 81-5-608 — Utah Code / Title 81 / Chapter 81-5 / § 81-5-608
§ 81-5-608. Authority to deny motion for genetic testing or disregard test results.
Status: in_force

(1) As used in this section, "possible father" means a man who had a sexual relationship with the birth mother of a child that gave rise to a reasonable belief that the man was the genetic father of the child. (2) In a proceeding to adjudicate the parentage of a child, the tribunal may: (a) deny a motion seeking an order for genetic testing; or (b) disregard the genetic test results that exclude the presumed father, declarant father, or possible father if testing has been completed and the tribunal determines that: (i) the conduct of the birth mother or the presumed father, declarant father, or possible father estops that party from denying parentage; and (ii) it would be inequitable to disrupt the parent-child relationship between the child and the presumed father, declarant father, or possible father. (3) In determining whether to deny a motion seeking an order for genetic testing or to disregard genetic test results under this section, the tribunal shall consider the best interest of the child, including the following factors: (a) the length of time between the proceeding to adjudicate parentage and the time that the presumed father, declarant father, or possible father was placed on notice that the presumed father, declarant father, or possible father might not be the genetic father of the child; (b) the length of time during which the presumed father, declarant father, or possible father has assumed the role of parent of the child; (c) the facts surrounding the presumed father's, declarant father's, or possible father's discovery of the their possible nonparentage; (d) the nature of the relationship between the child and the presumed father, declarant father, or possible father; (e) the age of the child; (f) the harm that may result to the child if presumed or declared parentage is successfully disestablished; (g) the nature of the relationship between the child and any alleged father; (h) the extent to which the passage of time reduces the chances of establishing the parentage of another individual and a child-support obligation in favor of the child; and (i) other factors that may affect the equities arising from the disruption of the parent-child relationship between the child and the presumed father, declarant father, or possible father or the chance of other harm to the child. (4) If the tribunal denies a motion seeking an order for genetic testing or disregards genetic test results that exclude the presumed father, declarant father, or possible father, the tribunal shall issue an order adjudicating the presumed father, declarant father, or possible father to be the father of the child.
Utah Code § 81-5-502 — Utah Code / Title 81 / Chapter 81-5 / § 81-5-502
§ 81-5-502. Order for testing.
Status: in_force

(1) Upon the motion of any party to the action, except as otherwise provided in this part and Part 6, Adjudication of Parentage, the tribunal shall order the child and other designated individuals to submit to genetic testing if the request for testing is supported by the sworn statement of a party to the proceeding: (a) alleging parentage and stating facts establishing a reasonable probability of the requisite sexual contact between the individuals; or (b) denying parentage and stating facts establishing a possibility that sexual contact between the individuals, if any, did not result in the conception of the child. (2) If a request for genetic testing of a child is made before birth, the tribunal may not order in-utero testing. (3) If two or more individuals are subject to an order for genetic testing, the testing may be ordered concurrently or sequentially.
Utah Code § 81-7-102 — Utah Code / Title 81 / Chapter 81-7 / § 81-7-102
§ 81-7-102. Payment under child support or alimony order -- Judgment.
Status: in_force

(1) All monthly payments of child support and alimony are due on the 1st day of each month in accordance with Title 26B, Chapter 9, Recovery Services and Administration of Child Support. (2) For purposes of child support services and income withholding described in Title 26B, Chapter 9, Part 2, Child Support Services, and Title 26B, Chapter 9, Part 3, Income Withholding in IV-D Cases, child support is not considered past due until the 1st day of the following month. (3) For purposes other than those specified in Subsection (1), child support is payable 1/2 by the 5th day of each month and 1/2 by the 20th day of that month, unless the order or decree provides for a different time for payment. (4) Each payment or installment of child support or alimony under any support order is, on and after the date the payment or installment is due: (a) a judgment with the same attributes and effect of any judgment of a district court, except as provided in Subsection (5); (b) entitled, as a judgment, to full faith and credit in this and in any other jurisdiction; and (c) not subject to retroactive modification by this or any other jurisdiction, except as provided in Subsection (5). (5) (a) A child support or alimony payment under a support order may be modified with respect to any period during which a modification is pending, but only from the date of service of the pleading on: (i) the obligee if the obligor is the petitioner; or (ii) the obligor if the obligee is the petitioner. (b) If the tribunal orders that the support order should be modified, the effective date of the modification shall be the month following service on the party whose support is affected. (c) Once the tribunal determines that a modification is appropriate, the tribunal shall order a judgment to be entered for any difference in the original order and the modified amount for the period from the service of the pleading until the final order of modification is entered. (6) The judgment provided for in Subsection (4)(a), to be effective and enforceable as a lien against the real property interest of any third party relying on the public record, shall be docketed in the district court in accordance with Sections 78B-5-202 and 26B-9-214. (7) (a) On and after July 1, 2027, interest shall accrue on a child support payment that is delinquent: (i) at a rate of 6%; and (ii) from the date on which the child support payment becomes delinquent until the date on which the child support payment is paid. (b) Interest only accrues under Subsection (7)(a) on the principal amount owed for child support.
Utah Code § 81-5-610 — Utah Code / Title 81 / Chapter 81-5 / § 81-5-610
§ 81-5-610. Joinder of judicial proceedings -- Court reliance of custody and parent-time standards.
Status: in_force

(1) Except as otherwise provided in Subsection (2), a judicial proceeding to adjudicate parentage may be joined with a proceeding for adoption, termination of parental rights, child custody or visitation, child support, divorce, annulment, legal separation or separate maintenance, probate or administration of an estate, or other appropriate proceeding. (2) A respondent may not join a proceeding described in Subsection (1) with a proceeding to adjudicate parentage brought under Chapter 8, Uniform Interstate Family Support Act. (3) A court may determine issues of custody, parent-time, visitation, and child support in accordance with Chapter 6, Child Support, Chapter 7, Payment and Enforcement of Spousal and Child Support, and Chapter 9, Custody, Parent-time, and Visitation. (4) (a) If a parentage action is determining issues of custody or parent-time for a child and the parents of the child are not married, the parties shall attend the mandatory parenting course described in Subsection 81-9-103(1)(b) within: (i) for the petitioner, 60 days after the day on which the petition is filed; and (ii) for the respondent, 30 days after the day on which the respondent is served. (b) The clerk of the court shall provide notice to a petitioner that the petitioner is required to attend the parenting course. (c) A petition shall include information regarding the parenting course when the petition is served on the respondent. (d) The court may not grant a final custody or parent-time order in a parentage action until: (i) both parties have attended the parenting course; and (ii) both parties have presented a certificate of course completion to the court. (5) For a party that is unable to pay the costs of the parenting course, and before the court enters an order for custody or parent-time in the parentage action, the court shall: (a) make a final determination of indigency; and (b) order the party to pay the costs of the parenting course if the court determines the party is not indigent. (6) (a) Notwithstanding Subsection (4), the court may waive the requirement that the parties attend the parenting course, on the court's own motion or on the motion of one of the parties, if the court determines course attendance and completion are not necessary, appropriate, or feasible, or in the best interest of the parties. (b) If the requirement is waived, the court may proceed with entering a final custody or parent-time order.
Utah Code § 81-13-101 — Utah Code / Title 81 / Chapter 81-13 / § 81-13-101
§ 81-13-101. Definitions for chapter.
Status: in_force

As used in this chapter: (1) "Adoptee" means: (a) a child adoptee; or (b) an adult adoptee. (2) "Adoption" means the process by which an individual seeks to: (a) create the legal relationship of parent and child where the relationship did not previously exist; and (b) except as provided in Subsections 81-13-220(2) and (4) and Subsections 81-13-306(2) and (4), terminate the parental rights of any other individual with respect to the child. (3) "Adoption document" means an adoption-related document filed with the office, a petition for adoption, a decree of adoption, an original birth certificate, or evidence submitted in support of a supplementary birth certificate. (4) "Adoption proceeding" means any proceeding under this chapter. (5) "Adoption service provider" means: (a) a child-placing agency; (b) a licensed counselor who has at least one year of experience providing professional social work services to: (i) adoptive parents; (ii) prospective adoptive parents; or (iii) birth parents; or (c) the Office of Licensing within the Department of Health and Human Services. (6) "Adoptive parent" means an individual who has legally adopted an adoptee. (7) "Adult" means an individual who is 18 years old or older. (8) "Adult adoptee" means an individual: (a) who is an adult and is the subject of an adoption proceeding; or (b) who was adopted when the individual was an adult. (9) "Adult sibling" means an individual: (a) who is a child adoptee's brother or sister; (b) who is 18 years old or older; and (c) whose birth parent is the same as that of the child adoptee. (10) "Birth mother" means the same as that term is defined in Section 81-5-102. (11) "Birth parent" means: (a) an individual that has a parent-child relationship with an adoptee as described in Section 81-5-201; (b) a man who: (i) has been identified as the father of an adoptee by the adoptee's birth mother; and (ii) has not denied paternity; or (c) an unmarried biological father. (12) "Child adoptee" means an individual: (a) who is a minor child and is the subject of an adoption proceeding; or (b) who was adopted when the individual was a minor child. (13) "Child-placing agency" means an agency licensed to place a minor child for adoption under Title 26B, Chapter 2, Part 1, Human Services Programs and Facilities. (14) "Cohabiting" means residing with another individual and being involved in a sexual relationship with that individual. (15) "Division" means the Division of Child and Family Services, within the Department of Health and Human Services, created in Section 80-2-201. (16) "Extra-jurisdictional child-placing agency" means an agency licensed to place children for adoption by a district, territory, or state of the United States, other than Utah. (17) "Genetic and social history" means a comprehensive report, when obtainable, that contains the following information on an adoptee's birth parents, aunts, uncles, and grandparents: (a) medical history; (b) health status; (c) cause of and age at death; (d) height, weight, and eye and hair color; (e) ethnic origins; (f) where appropriate, levels of education and professional achievement; and (g) religion, if any. (18) "Health history" means a comprehensive report of the adoptee's health status at the time of placement for adoption, and medical history, including neonatal, psychological, physiological, and medical care history. (19) "Identifying information" means information that is in the possession of the office and that contains: (a) the name and address of: (i) a pre-existing parent; or (ii) a child adoptee who is 18 years old or older; or (b) other specific information that by itself or in reasonable conjunction with other information may be used to identify a pre-existing parent or child adoptee, including information on a birth certificate or in an adoption document. (20) "Licensed counselor" means an individual who is licensed by the state, or another state, district, or territory of the United States as a: (a) certified social worker; (b) clinical social worker; (c) psychologist; (d) marriage and family therapist; (e) clinical mental health counselor; or (f) an equivalent licensed professional of another state, district, or territory of the United States. (21) "Man" means a male individual of any age. (22) "Office" means the Office of Vital Records and Statistics within the Department of Health and Human Services operating under Title 26B, Chapter 8, Part 1, Vital Statistics. (23) "Potential birth father" means a man who: (a) is identified by a birth mother as a potential biological father of the birth mother's minor child, but whose genetic paternity has not been established; and (b) was not married to the birth mother of the minor child described in Subsection (23)(a) at the time of the minor child's conception or birth. (24) (a) "Pre-existing parent" means an individual who is an adoptee's birth parent before an adoption decree is entered for the adoptee. (b) "Pre-existing parent" includes an individual who is legally the parent of the adoptee, due to an earlier adoption decree, before an adoption decree is entered for the adoptee. (25) "Prospective adoptive parent" means an individual who seeks to adopt an adoptee. (26) "Relative" means: (a) an adult who is a grandparent, great grandparent, aunt, great aunt, uncle, great uncle, brother-in-law, sister-in-law, stepparent, first cousin, stepsibling, sibling of a minor child, or first cousin of a minor child's parent; or (b) in the case of a minor child who is an "Indian child" under the Indian Child Welfare Act, 25 U.S.C. Sec. 1903, an "extended family member" as defined by that statute. (27) "Unmarried biological father" means a man who: (a) is the biological father of a minor child; and (b) was not married to the birth mother of the minor child described in Subsection (27)(a) at the time of the minor child's conception or birth. (28) "Vulnerable adult" means: (a) an individual who is 65 years old or older; or (b) an adult who has a mental or physical impairment that substantially affects that adult's ability to: (i) provide personal protection; (ii) provide necessities such as food, shelter, clothing, or medical or other health care; (iii) obtain services necessary for health, safety, or welfare; (iv) carry out the activities of daily living; (v) manage the adult's own resources; or (vi) comprehend the nature and consequences of remaining in a situation of abuse, neglect, or exploitation.
Utah Code § 81-8-310 — Utah Code / Title 81 / Chapter 81-8 / § 81-8-310
§ 81-8-310. Duties of state information agency.
Status: in_force

(1) The Office of Recovery Services is the state information agency under this chapter. (2) The state information agency shall: (a) compile and maintain a current list, including addresses, of the tribunals in this state which have jurisdiction under this chapter and any support enforcement agencies in this state and transmit a copy to the state information agency of every other state; (b) maintain a register of names and addresses of tribunals and support enforcement agencies received from other states; (c) forward to the appropriate tribunal in the county in this state in which the obligee who is an individual or the obligor resides, or in which the obligor's property is believed to be located, all documents concerning a proceeding under this chapter received from another state or a foreign country; and (d) obtain information concerning the location of the obligor and the obligor's property within this state not exempt from execution, by such means as postal verification and federal or state locator services, examination of telephone directories, requests for the obligor's address from employers, and examination of governmental records, including, to the extent not prohibited by law, those relating to real property, vital statistics, law enforcement, taxation, motor vehicles, driver licenses, and Social Security.
Utah Code § 81-1-201 — Utah Code / Title 81 / Chapter 81-1 / § 81-1-201
§ 81-1-201. Definitions for part.
Status: in_force

As used in this part: (1) "Alimony" means the same as that term is defined in Section 81-4-101. (2) "Child support" means the same as that term is defined in Section 81-6-101.
Utah Code § 81-15-105 — Utah Code / Title 81 / Chapter 81-15 / § 81-15-105
§ 81-15-105. Notice of arbitration.
Status: in_force

A party may initiate arbitration by giving notice to arbitrate to the other party in the manner specified in the arbitration agreement or, in the absence of a specified manner, under the laws and procedural rules of this state, other than this chapter, governing contractual arbitration.
Utah Code § 81-15-101 — Utah Code / Title 81 / Chapter 81-15 / § 81-15-101
§ 81-15-101. Definitions for chapter.
Status: in_force

As used in this chapter: (1) "Arbitration agreement" means an agreement that subjects a family law dispute to arbitration. (2) "Arbitration organization" means an association, agency, board, commission, or other entity that is neutral and initiates, sponsors, or administers an arbitration or is involved in the selection of an arbitrator. (3) "Arbitrator" means an individual selected, alone or with other individuals, to make an award in a family law dispute that is subject to an arbitration agreement. (4) "Child-related dispute" means a family law dispute regarding the custody, parent-time, visitation, or financial support of a child. (5) "Court" means a court with jurisdiction under Title 78A, Judiciary and Judicial Administration, over the family law dispute. (6) "Family law dispute" means a contested issue arising under this title. (7) "Party" means an individual who signs an arbitration agreement and whose rights will be determined by an award. (8) "Person" means an individual, an estate, a business or nonprofit entity, a public corporation, a government or governmental subdivision, agency, or instrumentality, or any other legal entity. (9) "Record," used as a noun, 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. (10) "Sign" means, with present intent to authenticate or adopt a record: (a) to execute or adopt a tangible symbol; or (b) to attach to or logically associate with the record an electronic symbol, sound, or process. (11) (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.
Utah Code § 81-1-101 — Utah Code / Title 81 / Chapter 81-1 / § 81-1-101
§ 81-1-101. Definitions for title.
Status: in_force

As used in this title: (1) "Child" means, except as provided in Sections 81-5-102, 81-6-101, 81-8-102, and 81-10-101, a son or daughter of any age. (2) "Court" means: (a) a judge; or (b) a court commissioner if the court commissioner has authority to hear the matter under Section 78A-5-107 or the Utah Rules of Judicial Administration. (3) "Custodial parent" means: (a) a parent awarded primary physical custody of a minor child by a court order; (b) if both parents have joint physical custody: (i) the parent awarded more overnights each year by a court order; or (ii) the parent designated as the custodial parent by a court order; or (c) if there is no court order, the parent with whom the minor child resides more than one-half of the calendar year without regard to any temporary parent-time. (4) "Minor child" means, except as provided in Section 81-6-101, a child who is younger than 18 years old and is not emancipated. (5) "Noncustodial parent" means the parent who is not the custodial parent regardless of any designation of joint legal custody. (6) "Parent" means, except as provided in Section 81-13-211, an individual with an established parent-child relationship as defined in Section 81-5-102.
Utah Code § 81-12-110 — Utah Code / Title 81 / Chapter 81-12 / § 81-12-110
§ 81-12-110. Uniformity of application and construction.
Status: in_force

(1) This chapter is a uniform act. (2) In applying and construing this chapter, consideration must be given to the need to promote uniformity of the law with respect to this uniform law's subject matter among states that enact this uniform law.
Utah Code § 81-10-310 — Utah Code / Title 81 / Chapter 81-10 / § 81-10-310
§ 81-10-310. Order for child support.
Status: in_force

If a court has issued an order granting caretaking authority under this part, or an agreement granting caretaking authority has been executed under Part 2, Agreement Addressing Custodial Responsibility During Deployment, the court may enter a temporary order for child support consistent with the law of this state other than this chapter if the court has jurisdiction under Chapter 8, Uniform Interstate Family Support Act.
Utah Code § 81-3-106 — Utah Code / Title 81 / Chapter 81-3 / § 81-3-106
§ 81-3-106. Actions based on property rights.
Status: in_force

If a married individual obtains possession or control of property belonging to the individual's spouse before or after marriage, the owner of the property may maintain an action therefor, or for any right growing out of the same, in the same manner and to the same extent as if the individual was unmarried.
Utah Code § 81-13-104 — Utah Code / Title 81 / Chapter 81-13 / § 81-13-104
§ 81-13-104. Responsibility for own actions -- Fraud or misrepresentation.
Status: in_force

(1) Each parent of an adoptee conceived or born outside of marriage is responsible for the parent's own actions and is not excused from strict compliance with the provisions of this chapter based upon any action, statement, or omission of the other parent or third parties. (2) (a) Any person injured by fraudulent representations or actions in connection with an adoption is entitled to pursue civil or criminal penalties in accordance with existing law. (b) A fraudulent representation is not a defense to strict compliance with the requirements of this chapter and is not a basis for dismissal of a petition for adoption, vacation of an adoption decree, or an automatic grant of custody to the offended party. (c) For a child adoptee, a custody determination shall be based on the best interests of the child adoptee in accordance with the provisions of Section 81-13-215. (3) A child-placing agency and the employees of a child-placing agency may not: (a) employ any device, scheme, or artifice to defraud; (b) engage in any act, practice, or course of business that operates or would operate as a fraud or deceit upon any person; (c) materially and intentionally misrepresent facts or information; or (d) request or require a prospective adoptive parent to grant, as a condition of or in connection with entering into an agreement with a child-placing agency, a release of either the prospective adoptive parent's claims or the adoptee's claims against the child-placing agency regarding any of the following: (i) criminal misconduct; (ii) ethical violations, as established by the Office of Licensing's administrative rules; (iii) bad faith; (iv) intentional torts; (v) fraud; (vi) gross negligence associated with care of the adoptee, as described in Subsection 81-13-210(2); (vii) future misconduct that may arise before the adoption is finalized; (viii) breach of contract; or (ix) gross negligence. (4) Subsection (3) does not prohibit a release of claims against a child-placing agency or a child-placing agency's employees for liability arising from the acts or the failure to act of a third party.
Utah Code § 81-8-506 — Utah Code / Title 81 / Chapter 81-8 / § 81-8-506
§ 81-8-506. Contest by obligor.
Status: in_force

(1) An obligor may contest the validity or enforcement of an income-withholding order issued in another state and received directly by an employer in this state by registering the order in a tribunal of this state and filing a contest to that order as provided in Part 6, Registration, Enforcement, and Modification of Support Order, or otherwise contesting the order in the same manner as if the order had been issued by a tribunal of this state. (2) The obligor shall give notice of the contest to: (a) a child support services agency providing services to the obligee; (b) each employer that has directly received an income-withholding order relating to the obligor; and (c) the person designated to receive payments in the income-withholding order or if no person is designated, to the obligee.
Utah Code § 81-4-402 — Utah Code / Title 81 / Chapter 81-4 / § 81-4-402
§ 81-4-402. Petition for divorce -- Divorce proceedings -- Temporary orders.
Status: in_force

(1) An individual may bring a petition for divorce if: (a) the individual or the individual's spouse is an actual and bona fide resident of the county where the petition is filed for at least 90 days before the day on which the petition is filed; (b) the individual is a member of the armed forces of the United States and the individual is stationed under military orders in this state for at least 90 days before the day on which the petition is filed; or (c) both parties to the marriage have consented to personal jurisdiction for divorce or annulment under Subsection 81-2-303(5)(a)(ii). (2) A divorce action shall be commenced and conducted in accordance with this chapter and the Utah Rules of Civil Procedure. (3) (a) The court may not enter a decree of divorce until 30 days after the day on which the petition is filed, unless the court finds that extraordinary circumstances exist. (b) The court may make interim orders as the court considers just and equitable before the expiration of the 30-day period described in Subsection (3)(a). (4) (a) If the parties to the divorce action have a minor child, the parties shall attend the mandatory courses: (i) for the petitioner, within 60 days after the day on which the petition is filed; and (ii) for the respondent, within 30 days after the day on which the respondent is served. (b) If the parties to a divorce action do not have a minor child, the parties may choose to attend the mandatory divorce orientation course described in Section 81-4-105. (c) The clerk of the court shall provide notice to a petitioner of the requirement for the mandatory courses. (d) A petition shall include information regarding the mandatory courses when the petition is served on the respondent. (5) For a party that is unable to pay the costs of the mandatory courses, and before the court enters a decree of divorce in the action, the court shall: (a) make a final determination of indigency; and (b) order the party to pay the costs of the mandatory courses if the court determines the party is not indigent. (6) (a) Except for a temporary restraining order under Rule 65A of the Utah Rules of Civil Procedure, a party may file, but the court may not hear, a motion for an order related to the divorce until the moving party completes the mandatory courses. (b) It is an affirmative defense in a divorce action that a party has not completed the mandatory courses and the action may not continue until a party has complied with the mandatory courses. (7) (a) Notwithstanding Subsections (4) and (6)(b), the court may waive the requirement that the parties attend the mandatory courses, on the court's own motion or on the motion of one of the parties, if the court determines course attendance and completion are not necessary, appropriate, or feasible, or in the best interest of the parties. (b) If the requirement is waived, the court may permit the divorce action to proceed. (8) The use of counseling, mediation, and education services provided under this part may not be construed as condoning or promoting divorce.
Utah Code § 81-5-616 — Utah Code / Title 81 / Chapter 81-5 / § 81-5-616
§ 81-5-616. Temporary order.
Status: in_force

(1) In a proceeding under this part, the tribunal shall issue a temporary order for support of a child if the order is appropriate and the individual ordered to pay support is: (a) a presumed father of the child; (b) petitioning to be adjudicated a parent; (c) identified as the father through genetic testing under Section 81-5-505; (d) an alleged father who has failed to submit to genetic testing; (e) shown by clear and convincing evidence to be the father of the child; or (f) the birth mother of the child. (2) A temporary tribunal order may include provisions for custody and visitation as provided by other laws of this state.
Utah Code § 81-11-105 — Utah Code / Title 81 / Chapter 81-11 / § 81-11-105
§ 81-11-105. Binding force of child custody determination.
Status: in_force

(1) A child custody determination made by a court of this state that had jurisdiction under this chapter binds all persons who have: (a) (i) been served in accordance with the laws of this state or notified in accordance with Section 81-11-107; or (ii) submitted to the jurisdiction of the court; and (b) been given an opportunity to be heard. (2) The determination is conclusive as to the persons described in Subsection (1) as to all decided issues of law and fact except to the extent the determination is modified.
Utah Code § 81-4-102 — Utah Code / Title 81 / Chapter 81-4 / § 81-4-102
§ 81-4-102. Action for annulment or divorce as alternative relief.
Status: in_force

Nothing in this chapter shall be construed to prevent the filing of an action requesting an annulment or a divorce as alternative relief.
Utah Code § 81-3-103 — Utah Code / Title 81 / Chapter 81-3 / § 81-3-103
§ 81-3-103. Conveyances between spouses.
Status: in_force

A conveyance, transfer, or lien executed by an individual, to or in favor of the individual's spouse is valid to the same extent as between other persons.
Utah Code § 81-11-317 — Utah Code / Title 81 / Chapter 81-11 / § 81-11-317
§ 81-11-317. Costs and expenses.
Status: in_force

If the respondent is not the prevailing party, the court may assess against the respondent all direct expenses and costs incurred by the prosecutor or attorney general and law enforcement officers under Section 81-11-315 or 81-11-316.
Utah Code § 81-1-203 — Utah Code / Title 81 / Chapter 81-1 / § 81-1-203
§ 81-1-203. Award of costs and attorney and witness fees -- Temporary support and maintenance.
Status: in_force

(1) (a) In an action filed under Chapter 4, Dissolution of Marriage, Title 78B, Chapter 7, Part 6, Cohabitant Abuse Protective Orders, or in an action to establish an order of custody, parent-time, child support, alimony, or the division of property in a domestic case, the court may order a party to pay the costs, attorney fees, and witness fees, including expert witness fees, of the other party to enable the other party to prosecute or defend the action. (b) The order under Subsection (1)(a) may include a provision for costs of the action. (c) A court may grant an order under Subsection (1)(a) if the court finds that: (i) the party requesting the costs and fees lacks the financial resources to pay the costs and fees; (ii) the nonrequesting party has the financial resources to pay the costs and fees; (iii) the costs and fees are necessary for prosecuting or defending the action; and (iv) the amount of the costs and fees are reasonable. (d) (i) A court may not find that a party lacks the financial resources to pay the costs and fees under Subsection (1)(c)(i) if the party chooses: (A) not to earn an income despite being able and available to earn an income; or (B) to earn significantly less income than the individual is able to earn considering the individual's physical capabilities, education, training, and experience. (ii) Subsection (1)(d)(i) does not apply if an individual: (A) is actively seeking a source of income consistent with the individual's physical capabilities, education, training, and experience; (B) does not earn an income or earns significantly less income than the individual is capable of earning to care for a child or vulnerable adult, as that term is defined in Section 76-5-111; or (C) is between income-earning periods in seasonal or project-based employment that is consistent with the individual's physical capabilities, education, training, and experience. (2) In an action to enforce an order of custody, parent-time, child support, alimony, or division of property in a domestic case, the court may award costs and attorney fees upon determining that the party substantially prevailed upon the claim or defense. (3) The court, in the court's discretion, may award no fees or limited fees against a party if the court finds the party is indigent or enters in the record the reason for not awarding fees. (4) In an action described in Subsection (1), the court may order a party to provide money, during the pendency of the action, for the separate support and maintenance of the other party and of a minor child in the custody of the other party. (5) The court may amend an order entered in accordance with this section before the entry of the final order or judgment or in the final order or judgment.
Utah Code § 81-11-209 — Utah Code / Title 81 / Chapter 81-11 / § 81-11-209
§ 81-11-209. Information to be submitted to court.
Status: in_force

(1) (a) In a child custody proceeding, each party, in the party's first pleading or in an attached affidavit, shall give information, if reasonably ascertainable, under oath as to the minor child's present address, the places where the minor child has lived during the last five years, and the names and present addresses of the persons with whom the minor child has lived during that period. (b) The pleading or affidavit shall state whether the party: (i) has participated, as a party or witness or in any other capacity, in any other proceeding concerning the custody of or parent-time with the minor child and, if so, identify the court, the case number of the proceeding, and the date of the child custody determination, if any; (ii) knows of any proceeding that could affect the current proceeding, including proceedings for enforcement and proceedings relating to domestic violence, protective orders, termination of parental rights, and adoptions and, if so, identify the court and the case number and the nature of the proceeding; and (iii) knows the names and addresses of any person not a party to the proceeding who has physical custody of the minor child or claims rights of legal custody or physical custody of, or parent-time with, the minor child and, if so, the names and addresses of those persons. (2) If the information required by Subsection (1) is not furnished, the court, upon the court's own motion or that of a party, may stay the proceeding until the information is furnished. (3) (a) If the declaration as to any of the items described in Subsection (1) is in the affirmative, the declarant shall give additional information under oath as required by the court. (b) The court may examine the parties under oath as to details of the information furnished and other matters pertinent to the court's jurisdiction and the disposition of the case. (4) Each party has a continuing duty to inform the court of any proceeding in this or any other state that could affect the current proceeding. (5) If a party alleges in an affidavit or a pleading under oath that the health, safety, or liberty of a party or minor child would be put at risk by the disclosure of identifying information, that information shall be sealed and not disclosed to the other party or the public unless the court orders the disclosure to be made after a hearing in which the court takes into consideration the health, safety, or liberty of the party or minor child and determines that the disclosure is in the interest of justice.
Utah Code § 81-8-706 — Utah Code / Title 81 / Chapter 81-8 / § 81-8-706
§ 81-8-706. Registration of convention support order.
Status: in_force

(1) Except as otherwise provided in this part, a party who is an individual or a child support services agency seeking recognition of a convention support order shall register the order in this state as provided in Part 6, Registration, Enforcement, and Modification of Support Order. (2) Notwithstanding Section 81-8-311 and Subsection 81-8-602(1), a request for registration of a convention support order shall be accompanied by: (a) a complete text of the support order or an abstract or extract of the support order drawn up by the issuing foreign tribunal, which may be in the form recommended by the Hague Conference on Private International Law; (b) a record stating that the support order is enforceable in the issuing country; (c) if the respondent did not appear and was not represented in the proceedings in the issuing country, a record attesting, as appropriate, either that the respondent had proper notice of the proceedings and an opportunity to be heard or that the respondent had proper notice of the support order and an opportunity to be heard in a challenge or appeal on fact or law before a tribunal; (d) a record showing the amount of arrears, if any, and the date the amount was calculated; (e) a record showing a requirement for automatic adjustment of the amount of support, if any, and the information necessary to make the appropriate calculations; and (f) if necessary, a record showing the extent to which the applicant received free legal assistance in the issuing country. (3) A request for registration of a convention support order may seek recognition and partial enforcement of the order. (4) A tribunal of this state may vacate the registration of a convention support order without the filing of a contest under Section 81-8-707 only if, acting on its own motion, the tribunal finds that recognition and enforcement of the order would be manifestly incompatible with public policy. (5) The tribunal shall promptly notify the parties of the registration or the order vacating the registration of a convention support order.
Utah Code § 81-8-606 — Utah Code / Title 81 / Chapter 81-8 / § 81-8-606
§ 81-8-606. Procedure to contest validity or enforcement of registered support order.
Status: in_force

(1) (a) A nonregistering party seeking to contest the validity or enforcement of a registered support order in this state shall request a hearing within the time required by Section 81-8-605. (b) The nonregistering party may seek to vacate the registration, to assert any defense to an allegation of noncompliance with the registered order, or to contest the remedies being sought or the amount of any alleged arrearages pursuant to Section 81-8-607. (2) If the nonregistering party fails to contest the validity or enforcement of the registered support order in a timely manner, the order is confirmed by operation of law. (3) If a nonregistering party requests a hearing to contest the validity or enforcement of the registered support order, the registering tribunal shall schedule the matter for hearing and give notice to the parties of the date, time, and place of the hearing.
Utah Code § 81-5-406 — Utah Code / Title 81 / Chapter 81-5 / § 81-5-406
§ 81-5-406. Penalty for releasing information.
Status: in_force

A person who intentionally or knowingly, releases confidential information from the Office of Vital Records and Statistics that is filed in accordance with Section 81-5-401 to a person or agency not authorized to receive the information under Section 81-5-405 is guilty of a class B misdemeanor.
Utah Code § 81-8-616 — Utah Code / Title 81 / Chapter 81-8 / § 81-8-616
§ 81-8-616. Procedure to register child support order of foreign country for modification.
Status: in_force

(1) A party or child support services agency seeking to modify, or to modify and enforce, a foreign child support order not under the convention may register that order in this state under 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 at another time. (3) The petition shall specify the grounds for modification.
Utah Code § 81-5-808 — Utah Code / Title 81 / Chapter 81-5 / § 81-5-808
§ 81-5-808. Gestational agreement -- Miscellaneous provisions.
Status: in_force

(1) A gestational agreement may provide for payment of consideration. (2) A gestational agreement may not limit the right of the gestational mother to make decisions to safeguard the gestational mother's health or that of the embryo or fetus. (3) After the issuance of an order under this part, subsequent marriage of the gestational mother does not affect the validity of a gestational agreement, and the gestational mother's spouse's consent to the agreement is not required, nor is the gestational mother's spouse a presumed parent of the resulting child.