Title 36, Domestic Relations

(a) In determining whether there is a credible risk of abduction of a child, the court shall consider any evidence that the petitioner or respondent:(1) Has previously abducted or attempted to abduct the child;(2) Has threatened to abduct the child;(3) Has recently engaged in act…

(a) If a petition is filed under this part, the court may enter an order that must include:(1) The basis for the court's exercise of jurisdiction;(2) The manner in which notice and opportunity to be heard were given to the persons entitled to notice of the proceeding;(3) A detail…

(a) If a petition under this part contains allegations, and the court finds that there is a credible risk that the child is imminently likely to be wrongfully removed, the court may issue an ex parte warrant to take physical custody of the child. (b) The respondent on a petition …

(1) An abduction prevention order remains in effect until the earliest of:(1) The time stated in the order;(2) The emancipation of the child;(3) The child's attaining eighteen (18) years of age; or(4) The time the order is modified, revoked, vacated, or superseded by a court with…

In applying and construing this uniform act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.

This part modifies, limits, and supersedes the federal Electronic Signatures in Global and National Commerce Act (15 U.S.C. § 7001 et seq.), but does not modify, limit, or supersede § 101(c) of the act (15 U.S.C. § 7001(c)), or authorize electronic delivery of any of the notices …

This part is known and may be cited as “Abrial's Law, the Keeping Children Safe from Family Violence Act.”

(a) All judges involved in child custody proceedings shall complete at least two (2) hours of training or continuing education courses on domestic violence or child abuse per year or ten (10) hours per five (5) years. (b) (1) The training or continuing education courses may inclu…

(a) In a custody proceeding, a court shall take into account the training as required by § 36-6-702. (b) In a proceeding in which a court makes a custody determination, the court shall not order reunification treatment to reestablish a relationship with a parent or caregiver if a…

This chapter shall be known and may be cited as the “Uniform Deployed Parents Custody and Visitation Act.”

(1) In this chapter:(1) “Adult” means an individual who has attained eighteen (18) years of age or is an emancipated minor;(2) “Caretaking authority” means the right to live with and care for a child on a day-to-day basis. “Caretaking authority” includes physical custody, parenti…

In addition to other remedies under law of this state other than this chapter, if a court finds that a party to a proceeding under this chapter has acted in bad faith or intentionally failed to comply with this chapter or a court order issued under this chapter, the court may ass…

(a) A court may issue an order regarding custodial responsibility under this chapter only if the court has jurisdiction under the Uniform Child Custody Jurisdiction and Enforcement Act, compiled in chapter 6, part 2 of this title. (b) If a court has issued a temporary order regar…

(a) Except as otherwise provided in subsection (d) and subject to subsection (c), a deploying parent shall notify in a record the other parent of a pending deployment not later than seven (7) days after receiving notice of deployment unless reasonably prevented from doing so by t…

(a) Except as otherwise provided in subsection (b), an individual to whom custodial responsibility has been granted during deployment pursuant to part 2 or 3 of this chapter shall notify the deploying parent and any other person with custodial responsibility of a child of any cha…

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 t…

(a) The parents of a child may enter into a temporary agreement under this part granting custodial responsibility during deployment. (b) An agreement under subsection (a) must be:(1) In writing; and(2) Signed by both parents and any nonparent to whom custodial responsibility is g…

(a) An agreement under this part is temporary and terminates pursuant to part 4 of this chapter after the deploying parent returns from deployment, unless the agreement has been terminated before that time by court order or modification under § 36-7-203. The agreement does not cr…

(a) By mutual consent, the parents of a child may modify an agreement regarding custodial responsibility made pursuant to this part. (b) If an agreement is modified under subsection (a) before deployment of a deploying parent, the modification must be in writing and signed by bot…

A deploying parent, by power of attorney, may delegate all or part of custodial responsibility to an adult nonparent for the period of deployment if no other parent possesses custodial responsibility under law of this state other than this part, or if a court order currently in e…

An agreement or power of attorney under this part must be filed within a reasonable time with any court that has entered an order on custodial responsibility or child support that is in effect concerning the child who is the subject of the agreement or power of attorney and shall…

In this part, “close and substantial relationship” means a relationship in which a significant bond exists between a child and a nonparent.

(a) After a deploying parent receives notice of deployment and until the deployment terminates, a court may issue a temporary order granting custodial responsibility unless prohibited by the Service Members Civil Relief Act (50 U.S.C. Appendix Sections 521 and 522), and may not i…

If an action to grant custodial responsibility is filed under § 36-7-302(b) before a deploying parent deploys, the court shall conduct an expedited hearing.

In a proceeding under this part, a party or witness who is not reasonably available to appear personally may appear, provide testimony, and present evidence by electronic means unless the court finds good cause to require a personal appearance.

(1) In a proceeding for a grant of custodial responsibility pursuant to this part, the following rules apply:(1) A prior judicial order designating custodial responsibility in the event of deployment is binding on the court unless the circumstances meet the requirements of law of…

(a) On motion of a deploying parent and in accordance with 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. (b) Unless a grant of caretaking aut…

(a) A grant of authority under this part is temporary and terminates under part 4 of this chapter after the return from deployment of the deploying parent, unless the grant has been terminated before that time by court order. The grant does not create an independent, continuing r…

(a) An order granting custodial responsibility under this part must:(1) Designate the order as temporary; and(2) Identify to the extent feasible the destination, duration, and conditions of the deployment. (1) Designate the order as temporary; and (2) Identify to the extent feasi…

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 of this chapter, the court may enter a temporary order for child support consistent with law of this state other than this ch…

(a) Except for an order under § 36-7-305, except as otherwise provided in subsection (b), and consistent with the Service Members Civil Relief Act (50 U.S.C. Appendix Sections 521 and 522), on motion of a deploying or other parent or any nonparent to whom caretaking authority, de…

A temporary order entered under this chapter providing for a modification of a child custody decree shall terminate at the end of the deployment and shall revert back to the previous custody order.

In applying and construing this uniform law, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.

This chapter modifies, limits, or supersedes the Electronic Signatures in Global and National Commerce Act (15 U.S.C. Section 7001 et seq.), but does not modify, limit, or supersede Section 101(c) of that act (15 U.S.C. Section 7001(c)), or authorize electronic delivery of any of…

This chapter does not affect the validity of a temporary court order concerning custodial responsibility during deployment which was entered before July 1, 2014.

This chapter is known and may be cited as the “Families' Rights and Responsibilities Act.”

(1) As used in this chapter:(1) “Biometric data”:(A) Means data generated by automatic measurements of an individual's biological characteristics, such as a fingerprint, voiceprint, eye retina or iris, or other unique biological pattern or characteristic, that is used to identify…

(a) The liberty of a parent to the care, custody, and control of the parent's child, including the right to direct the upbringing, education, health care, and mental health of the child, is a fundamental right. (b) A government entity shall not substantially burden the fundamenta…

(1) This chapter must be construed using the following rules:(1) The protections of the fundamental right of parents to the care, custody, and control of their child afforded by this chapter are in addition to the protections provided under federal law, state law, and the state c…