reglab/housing_qa huggingface dataset:
UT Code § 30-3-10.1 (2021)
2021 Utah Code|Title 30 - Husband and Wife|Chapter 3 - Divorce|Section 10.1 - Definitions -- Joint legal custody -- Joint physical custody.

 Effective 7/1/2017  30-3-10.1. Definitions -- Joint legal custody -- Joint physical custody.  As used in this chapter:   (1)   (a) "Custodial responsibility" includes all powers and duties relating to caretaking authority and decision-making authority for a child.     (b) "Custodial responsibility" includes physical custody, legal custody, parenting time, right to access, visitation, and authority to grant limited contact with a child.       (2) "Joint legal custody":   (a) means the sharing of the rights, privileges, duties, and powers of a parent by both parents, where specified;     (b) may include an award of exclusive authority by the court to one parent to make specific decisions;     (c) does not affect the physical custody of the child except as specified in the order of joint legal custody;     (d) is not based on awarding equal or nearly equal periods of physical custody of and access to the child to each of the parents, as the best interest of the child often requires that a primary physical residence for the child be designated; and     (e) does not prohibit the court from specifying one parent as the primary caretaker and one home as the primary residence of the child.       (3) "Joint physical custody":   (a) means the child stays with each parent overnight for more than 30% of the year, and both parents contribute to the expenses of the child in addition to paying child support;     (b) can mean equal or nearly equal periods of physical custody of and access to the child by each of the parents, as required to meet the best interest of the child;     (c) may require that a primary physical residence for the child be designated; and     (d) does not prohibit the court from specifying one parent as the primary caretaker and one home as the primary residence of the child.       (4) "Servicemember" means a member of a uniformed service.     (5) "Uniformed service" means:   (a) active and reserve components of the United States Armed Forces;     (b) the United States Merchant Marine;     (c) the commissioned corps of the United States Public Health Service;     (d) the commissioned corps of the National Oceanic and Atmospheric Administration of the United States; or     (e) the national guard of a state.      Amended by Chapter 224, 2017 General Session
UT Code § 30-3-10.2 (2021)
2021 Utah Code|Title 30 - Husband and Wife|Chapter 3 - Divorce|Section 10.2 - Joint custody order -- Factors for court determination -- Public assistance.

 Effective 5/14/2019  30-3-10.2. Joint custody order -- Factors for court determination -- Public assistance.    (1) The court may order joint legal custody or joint physical custody or both if one or both parents have filed a parenting plan in accordance with Section 30-3-10.8 and the court determines that joint legal custody or joint physical custody or both is in the best interest of the child.     (2) In determining whether the best interest of a child will be served by ordering joint legal custody or joint physical custody or both, the court shall consider the custody factors in Section 30-3-10 and the following factors:   (a) whether the physical, psychological, and emotional needs and development of the child will benefit from joint legal custody or joint physical custody or both;     (b) the ability of the parents to give first priority to the welfare of the child and reach shared decisions in the child's best interest;     (c) co-parenting skills, including:   (i) ability to appropriately communicate with the other parent;     (ii) ability to encourage the sharing of love and affection; and     (iii) willingness to allow frequent and continuous contact between the child and the other parent, except that, if the court determines that the parent is acting to protect the child from domestic violence, neglect, or abuse, the parent's protective actions may be taken into consideration; and       (d) whether both parents participated in raising the child before the divorce;     (e) the geographical proximity of the homes of the parents;     (f) the preference of the child if the child is of sufficient age and capacity to reason so as to form an intelligent preference as to joint legal custody or joint physical custody or both;     (g) the maturity of the parents and their willingness and ability to protect the child from conflict that may arise between the parents;     (h) the past and present ability of the parents to cooperate with each other and make decisions jointly; and     (i) any other factor the court finds relevant.       (3) The determination of the best interest of the child shall be by a preponderance of the evidence.     (4) The court shall inform both parties that an order for joint physical custody may preclude eligibility for cash assistance provided under Title 35A, Chapter 3, Employment Support Act.     (5) The court may order that when possible the parties attempt to settle future disputes by a dispute resolution method before seeking enforcement or modification of the terms and conditions of the order of joint legal custody or joint physical custody through litigation, except in emergency situations requiring ex parte orders to protect the child.    Amended by Chapter 188, 2019 General Session
UT Code § 30-3-10.3 (2021)
2021 Utah Code|Title 30 - Husband and Wife|Chapter 3 - Divorce|Section 10.3 - Terms of joint legal or physical custody order.

30-3-10.3. Terms of joint legal or physical custody order.    (1) Unless the court orders otherwise, before a final order of joint legal custody or joint physical custody is entered both parties shall attend the mandatory course for divorcing parents, as provided in Section 30-3-11.3, and present a certificate of completion from the course to the court.     (2) An order of joint legal or physical custody shall provide terms the court determines appropriate, which may include specifying:   (a) either the county of residence of the child, until altered by further order of the court, or the custodian who has the sole legal right to determine the residence of the child;     (b) that the parents shall exchange information concerning the health, education, and welfare of the child, and where possible, confer before making decisions concerning any of these areas;     (c) the rights and duties of each parent regarding the child's present and future physical care, support, and education;     (d) provisions to minimize disruption of the child's attendance at school and other activities, his daily routine, and his association with friends; and     (e) as necessary, the remaining parental rights, privileges, duties, and powers to be exercised by the parents solely, concurrently, or jointly.       (3) The court shall, where possible, include in the order the terms of the parenting plan provided in accordance with Section 30-3-10.8.     (4) Any parental rights not specifically addressed by the court order may be exercised by the parent having physical custody of the child the majority of the time.     (5) The appointment of joint legal or physical custodians does not impair or limit the authority of the court to order support of the child, including payments by one custodian to the other.     (6) An order of joint legal custody, in itself, is not grounds for modifying a support order.     (7) An order of joint legal or physical custody shall require a parenting plan incorporating a dispute resolution procedure the parties agree to use:   (a) in accordance with Section 30-3-10.9, or as ordered by the court in accordance with Subsection 30-3-10.2(5); and     (b) before seeking enforcement or modification of the terms and conditions of the order of joint legal or physical custody through litigation, except in emergency situations requiring ex parte orders to protect the child.      Amended by Chapter 271, 2012 General Session
UT Code § 30-3-10.5 (2021)
2021 Utah Code|Title 30 - Husband and Wife|Chapter 3 - Divorce|Section 10.5 - Payments of support, maintenance, and alimony.

30-3-10.5. Payments of support, maintenance, and alimony.    (1) All monthly payments of support, maintenance, or alimony provided for in the order or decree shall be due on the first day of each month for purposes of Section 78B-12-112, child support services pursuant to Title 62A, Chapter 11, Part 3, Child Support Services Act, income withholding services pursuant to Title 62A, Chapter 11, Part 4, Income Withholding in IV-D Cases, and other income withholding procedures pursuant to Title 62A, Chapter 11, Part 5, Income Withholding in Non IV-D Cases.     (2) For purposes of child support services and income withholding pursuant to Title 62A, Chapter 11, Part 3, Child Support Services Act, and Part 4, Income Withholding in IV-D Cases, child support is not considered past due until the first day of the following month.     (3) For purposes other than those specified in Subsections (1) and (2), support shall be 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.    Amended by Chapter 3, 2008 General Session
UT Code § 30-3-10.7 (2021)
2021 Utah Code|Title 30 - Husband and Wife|Chapter 3 - Divorce|Section 10.7 - Parenting plan -- Definitions.

30-3-10.7. Parenting plan -- Definitions.    (1) "Domestic violence" means the same as in Section 77-36-1.     (2) "Parenting plan" means a plan for parenting a child, including allocation of parenting functions, which is incorporated in any final decree or decree of modification including an action for dissolution of marriage, annulment, legal separation, or paternity.     (3) "Parenting functions" means those aspects of the parent-child relationship in which the parent makes decisions and performs functions necessary for the care and growth of the child. Parenting functions include:   (a) maintaining a loving, stable, consistent, and nurturing relationship with the child;     (b) attending to the daily needs of the child, such as feeding, clothing, physical care, grooming, supervision, health care, day care, and engaging in other activities which are appropriate to the developmental level of the child and that are within the social and economic circumstances of the particular family;     (c) attending to adequate education for the child, including remedial or other education essential to the best interest of the child;     (d) assisting the child in developing and maintaining appropriate interpersonal relationships;     (e) exercising appropriate judgment regarding the child's welfare, consistent with the child's developmental level and family social and economic circumstances; and     (f) providing for the financial support of the child.      Amended by Chapter 287, 2006 General Session
UT Code § 30-3-10.8 (2021)
2021 Utah Code|Title 30 - Husband and Wife|Chapter 3 - Divorce|Section 10.8 - Parenting plan -- Filing -- Modifications.

 Effective 7/1/2017  30-3-10.8. Parenting plan -- Filing -- Modifications.    (1) In any proceeding under this chapter, including actions for paternity, a party requesting joint custody, joint legal or physical custody, or any other type of shared parenting arrangement, shall file and serve a proposed parenting plan at the time of the filing of their original petition or at the time of filing their answer or counterclaim.     (2) In proceedings for a modification of custody provisions or modification of a parenting plan, a proposed parenting plan shall be filed and served with the petition to modify, or the answer or counterclaim to the petition to modify.     (3) A party who files a proposed parenting plan in compliance with this section may move the court for an order of default to adopt the plan if the other party fails to file a proposed parenting plan as required by this section.     (4) Either party may file and serve an amended proposed parenting plan according to the rules for amending pleadings.     (5) The parent submitting a proposed parenting plan shall attach a verified statement that the plan is proposed by that parent in good faith.     (6) Both parents may submit a parenting plan which has been agreed upon. A verified statement, signed by both parents, shall be attached.     (7) If the parents file inconsistent parenting plans, the court may appoint a guardian ad litem to represent the best interests of the child, who may, if necessary, file a separate parenting plan reflecting the best interests of the child.     (8) When one or both parents are a servicemember, the parenting plan shall be consistent with Subsection 30-3-10.9(10). If after a parenting plan is adopted, one or both parents become servicemembers, as soon as practical, the parents shall amend the existing parenting plan to comply with Subsection 30-3-10.9(10).    Amended by Chapter 224, 2017 General Session
UT Code § 30-3-10.10 (2021)
2021 Utah Code|Title 30 - Husband and Wife|Chapter 3 - Divorce|Section 10.10 - Parenting plan -- Domestic violence.

30-3-10.10. Parenting plan -- Domestic violence.    (1) In any proceeding regarding a parenting plan, the court shall consider evidence of domestic violence, if presented.     (2) If there is a protective order, civil stalking injunction, or the court finds that a parent has committed domestic violence, the court shall consider the impact of domestic violence in awarding parent-time, and make specific findings regarding the award of parent-time.     (3) If the court orders parent-time and a protective order or civil stalking injunction is still in place, it shall consider whether to order the parents to conduct parent-time pick-up and transfer through a third party. The parent who is the stated victim in the order or injunction may submit to the court, and the court shall consider, the name of a person considered suitable to act as the third party.     (4) If the court orders the parents to conduct parent-time through a third party, the parenting plan shall specify the time, day, place, manner, and the third party to be used to implement the exchange.    Enacted by Chapter 287, 2006 General Session
UT Code § 30-3-10.17 (2021)
2021 Utah Code|Title 30 - Husband and Wife|Chapter 3 - Divorce|Section 10.17 - Social security number in court records.

30-3-10.17. Social security number in court records.  The social security number of any individual who is subject to a divorce decree, support order, or paternity determination or acknowledgment shall be placed in the records relating to the matter.  Enacted by Chapter 232, 1997 General Session
UT Code § 30-3-11.1 (2021)
2021 Utah Code|Title 30 - Husband and Wife|Chapter 3 - Divorce|Section 11.1 - Family Court Act -- Purpose.

30-3-11.1. Family Court Act -- Purpose.  It is the public policy of the state of Utah to strengthen the family life foundation of our society and reduce the social and economic costs to the state resulting from broken homes and to take reasonable measures to preserve marriages, particularly where minor children are involved. The purposes of this act are to protect the rights of children and to promote the public welfare by preserving and protecting family life and the institution of matrimony by providing the courts with further assistance for family counseling, the reconciliation of spouses and the amicable settlement of domestic and family controversies.  Enacted by Chapter 72, 1969 General Session
UT Code § 30-3-11.2 (2021)
2021 Utah Code|Title 30 - Husband and Wife|Chapter 3 - Divorce|Section 11.2 - Appointment of counsel for child.

30-3-11.2. Appointment of counsel for child.  If, in any action before any court of this state involving the custody or support of a child, it shall appear in the best interests of the child to have a separate exposition of the issues and personal representation for the child, the court may appoint counsel to represent the child throughout the action, and the attorney's fee for such representation may be taxed as a cost of the action.  Enacted by Chapter 72, 1969 General Session
UT Code § 30-3-18 (2021)
2021 Utah Code|Title 30 - Husband and Wife|Chapter 3 - Divorce|Section 18 - Waiting period for hearing after filing for divorce -- Exemption -- Use of counseling and education services not to be construed as condonation or promotion.

 Effective 5/8/2018  30-3-18. Waiting period for hearing after filing for divorce -- Exemption -- Use of counseling and education services not to be construed as condonation or promotion.    (1) Unless the court finds that extraordinary circumstances exist and otherwise orders, no hearing for decree of divorce may be held by the court until 30 days has elapsed from the filing of the complaint, but the court may make interim orders as it considers just and equitable.     (2) The use of counseling, mediation, and education services provided under this chapter may not be construed as condoning the acts that may constitute grounds for divorce on the part of either spouse nor of promoting divorce.    Amended by Chapter 470, 2018 General Session
UT Code § 30-3-34.5 (2021)
2021 Utah Code|Title 30 - Husband and Wife|Chapter 3 - Divorce|Section 34.5 - Supervised parent-time.

 Effective 5/13/2014  30-3-34.5. Supervised parent-time.    (1) Considering the fundamental liberty interests of parents and children, it is the policy of this state that divorcing parents have unrestricted and unsupervised access to their children. When necessary to protect a child and no less restrictive means is reasonably available however, a court may order supervised parent-time if the court finds evidence that the child would be subject to physical or emotional harm or child abuse, as described in Section 76-5-109, from the noncustodial parent if left unsupervised with the noncustodial parent.     (2) A court that orders supervised parent-time shall give preference to persons suggested by the parties to supervise, including relatives. If the court finds that the persons suggested by the parties are willing to supervise, and are capable of protecting the children from physical or emotional harm, or child abuse, the court shall authorize the persons to supervise parent-time.     (3) If the court is unable to authorize any persons to supervise parent-time pursuant to Subsection (2), the court may require that the noncustodial parent seek the services of a professional individual or agency to exercise their supervised parent-time.     (4) 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.       (5) The court shall, in its order for supervised parent-time, provide specific goals and expectations for the noncustodial parent to accomplish before unsupervised parent-time may be granted. The court shall schedule one or more follow-up hearings to revisit the issue of supervised parent-time.     (6) 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 in Subsection (5) have been accomplished.    Enacted by Chapter 239, 2014 General Session
UT Code § 30-3-36 (2021)
2021 Utah Code|Title 30 - Husband and Wife|Chapter 3 - Divorce|Section 36 - Special circumstances.

30-3-36. Special circumstances.    (1) When parent-time has not taken place for an extended period of time and the child lacks an appropriate bond with the noncustodial parent, both parents shall consider the possible adverse effects upon the child and gradually reintroduce an appropriate parent-time plan for the noncustodial parent.     (2) For emergency purposes, whenever the child travels with either parent, all of the following will be provided to the other parent:   (a) an itinerary of travel dates;     (b) destinations;     (c) places where the child or traveling parent can be reached; and     (d) the name and telephone number of an available third person who would be knowledgeable of the child's location.       (3) Unchaperoned travel of a child under the age of five years is not recommended.    Amended by Chapter 255, 2001 General Session
UT Code § 30-3-39 (2021)
2021 Utah Code|Title 30 - Husband and Wife|Chapter 3 - Divorce|Section 39 - Mediation program.

30-3-39. Mediation program.    (1) There is established a mandatory domestic mediation program to help reduce the time and tensions associated with obtaining a divorce.     (2) If, after the filing of an answer to a complaint of divorce, there are any remaining contested issues, the parties shall participate in good faith in at least one session of mediation. This requirement does not preclude the entry of pretrial orders before mediation takes place.     (3) The parties shall use a mediator qualified to mediate domestic disputes under criteria established by the Judicial Council in accordance with Section 78B-6-205.     (4) Unless otherwise ordered by the court or the parties agree upon a different payment arrangement, the cost of mediation shall be divided equally between the parties.     (5) The director of dispute resolution programs for the courts, the court, or the mediator may excuse either party from the requirement to mediate for good cause.     (6) Mediation shall be conducted in accordance with the Utah Rules of Court-Annexed Alternative Dispute Resolution.    Amended by Chapter 3, 2008 General Session
UT Code § 30-4-1 (2021)
2021 Utah Code|Title 30 - Husband and Wife|Chapter 4 - Separate Maintenance|Section 1 - Action by spouse -- Grounds.

30-4-1. Action by spouse -- Grounds.  Whenever a resident of this state:  (1) deserts a spouse without good and sufficient cause;     (2) being of sufficient ability to provide support, neglects or refuses to properly provide for and suitably maintain that spouse;     (3) having property within this state and the spouse being a resident of this state, so deserts or neglects or refuses to provide such support; or     (4) where a married person without that person's fault lives separate and apart from that spouse, the district court shall, on the filing of a complaint, allot, assign, set apart and decree as alimony the use of the real and personal estate or earnings of the deserting spouse as the court may determine appropriate. During the pendency of the action, the court may require the deserting spouse to pay a sum as provided in Section 30-3-3.    Amended by Chapter 137, 1993 General Session
UT Code § 30-4-2 (2021)
2021 Utah Code|Title 30 - Husband and Wife|Chapter 4 - Separate Maintenance|Section 2 - Procedure -- Venue.

30-4-2. Procedure -- Venue.  In all actions brought hereunder the proceedings and practice shall be the same as near as may be as in actions for divorce; but the action may be brought in any county where the wife or the husband may be found.  Amended by Chapter 122, 1977 General Session