81-9-206. Determination of parent-time schedule -- Parent-time factors.
(1) If the parties are unable to agree on a parent-time schedule, the court may: establish a parent-time schedule; or order a parent-time schedule described in Part 3, Parent-time Schedules.
(2) There is a presumption that the advisory guidelines described in Sectionand the parent-time schedules described in Part 3, Parent-time Schedules, are the minimum parent-time to which the noncustodial parent and the minor child are entitled. 81-9-202
(3) In accordance with Section, when ordering a parent-time schedule a court shall consider: 81-9-104 evidence of domestic violence, physical abuse, or sexual abuse involving the minor child, a parent, or a household member of the parent; and whether parent-time is likely to endanger the minor child's health or physical or psychological safety.
(4) A court may consider the following when ordering a parent-time schedule: evidence of coercive control; evidence of psychological maltreatment; the distance between the residency of the minor child and the noncustodial parent; the lack of demonstrated parenting skills without safeguards to ensure the minor child's well-being during parent-time; the financial inability of the noncustodial parent to provide adequate food and shelter for the minor child during periods of parent-time; the preference of the minor child if the court determines the minor child is of sufficient maturity; the incarceration of the noncustodial parent in a county jail, secure youth corrections facility, or an adult corrections facility; shared interests between the minor child and the noncustodial parent; the involvement or lack of involvement of the noncustodial parent in the school, community, religious, or other related activities of the minor child; the availability of the noncustodial parent to care for the minor child when the custodial parent is unavailable to do so because of work or other circumstances; a substantial and chronic pattern of missing, canceling, or denying regularly scheduled parent-time; the minimal duration of and lack of significant bonding in the parents' relationship before the conception of the minor child; the parent-time schedule of siblings; the lack of reasonable alternatives to the needs of a nursing minor child; and any other criteria the court determines relevant to the best interests of the minor child.
(5) The court shall enter the reasons underlying the court's order for parent-time that: incorporates a parent-time schedule described in Sectionor; or 81-9-302 81-9-304 provides more or less parent-time than a parent-time schedule described in Sectionor. 81-9-302 81-9-304
(6) A court may not order a parent-time schedule unless the court determines by a preponderance of the evidence that the parent-time schedule is in the best interest of the minor child.
(7) If the court orders parent-time and a protective order or stalking injunction is still in place, the court shall consider whether to order the parents to conduct parent-time pick-up and transfer through a third party. The parent who is the stated victim in the protective order or stalking injunction may submit to the court, and the court shall consider, the name of a person considered suitable to act as the third party. If the court orders the parents to conduct parent-time through a third party, the parenting plan shall specify the time, day, place, manner, and the third party to be used to implement the exchange.
(8) If there is a protective order, stalking injunction, or the court finds that a parent has committed domestic violence, the court shall: consider the impact of domestic violence in awarding parent-time; and make specific findings regarding the award of parent-time.
(9) Upon a specific finding by the court of the need for peace officer enforcement, the court may include a provision in an order for parent-time that authorizes a peace officer to enforce the order for parent-time.
(10) When parent-time has not taken place for an extended period of time and the minor child lacks an appropriate bond with the noncustodial parent, both parents shall: consider the possible adverse effects upon the minor child; and gradually reintroduce an appropriate parent-time plan for the noncustodial parent.
(11) If a court enters an order establishing a parent-time schedule for a minor child: the court order governs the parent-time schedule for the minor child; and an amendment to this chapter does not modify the parent-time schedule unless the court orders otherwise.
(12) Once a parent-time schedule has been established for a minor child, the parties may only modify the parent-time schedule if: there is mutual consent of the parties to the modification that is in writing and signed by both parties; or the court modifies the parent-time schedule in a new order.