Title 81, Title 81: Utah Domestic Relations Code

81-10-106. General consideration in custody proceeding of parent's military service. 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 in…

81-10-201. Form of agreement. (1) The parents of a child may enter into a temporary agreement under this part granting custodial responsibility during deployment. When the parents of a child include one or more servicemembers, the parents should enter into an agreement granting c…

81-10-202. Nature of authority created by agreement. (1) An agreement under this part is temporary and terminates pursuant to, after the deploying parent returns from deployment, unless the agreement has been terminated before that time by court order or modification under Sectio…

81-10-203. Modification of agreement. (1) By mutual consent, the parents of a child may modify an agreement regarding custodial responsibility made in accordance with this part. (2) If an agreement is modified under Subsectionbefore deployment of a deploying parent, the modificat…

81-10-204. Power of attorney. (1) A deploying parent, by power of attorney, may delegate all or part of custodial responsibility to an adult nonparent for the period of deployment if no other parent possesses custodial responsibility under the law of this state other than this ch…

81-10-205. Filing agreement or power of attorney with court. (1) An agreement or power of attorney under this part shall be filed within a reasonable time with any court that has entered an order on custodial responsibility or child support that is in effect concerning the child …

81-10-301. Definitions for part. As used in this part, "close and substantial relationship" means a relationship in which a significant bond exists between a child and a nonparent.

81-10-302. Proceeding for temporary custody -- Order. (1) 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 Sectionand the Servicemembers Civil Rel…

81-10-303. Expedited hearing. If a motion to grant custodial responsibility is filed under Subsectionbefore a deploying parent deploys, the court shall conduct an expedited hearing.

81-10-304. Testimony by electronic means. 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 appea…

81-10-305. Effect of prior judicial order or agreement. In a proceeding for a grant of custodial responsibility in accordance with this part, the following rules apply: (1) a prior judicial order designating custodial responsibility in the event of deployment is binding on the co…

81-10-306. Grant of caretaking or decision-making authority to nonparent. (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…

81-10-307. Grant of limited contact. On motion of a deploying parent, and in accordance with the law of this state other than this chapter, unless the court finds that the contact would be contrary to the best interest of the child, a court shall grant limited contact to a nonpar…

81-10-308. Nature of authority created by temporary custody order. (1) A grant of authority under this part is temporary and terminates under, after the return from deployment of the deploying parent, unless the grant has been terminated before that time by court order. Part 4, R…

81-10-309. Content of temporary custody order. (1) An order granting custodial responsibility under this part shall: designate the order as temporary; and identify to the extent feasible the destination, duration, and conditions of the deployment. (2) If applicable, an order for …

81-10-310. Order for child support. If a court has issued an order granting caretaking authority under this part, or an agreement granting caretaking authority has been executed under, the court may enter a temporary order for child support consistent with the law of this state o…

81-10-311. Modifying or terminating grant of custodial responsibility to nonparent. (1) Except for an order under Section, except as otherwise provided in Subsection, and consistent with Sectionand the Servicemembers Civil Relief Act, 50 U.S.C. Appendix Sections 521 and 522, on m…

81-10-401. Procedure for terminating temporary grant of custodial responsibility established by agreement. (1) At any time after return from deployment, a temporary agreement granting custodial responsibility under, may be terminated by an agreement to terminate signed by the dep…

81-10-402. Consent procedure for terminating temporary grant of custodial responsibility established by court order. (1) At any time after a deploying parent returns from deployment, the deploying parent and the other parent may file with the court an agreement to terminate a tem…

81-10-403. Visitation before termination of temporary grant of custodial responsibility. After a deploying parent returns from deployment until a temporary agreement or order for custodial responsibility established under Part 2, Agreement Addressing Custodial Responsibility Duri…

81-10-404. Termination by operation of law of temporary grant of custodial responsibility established by court order. (1) If an agreement between the parties to terminate a court order for temporary custodial responsibility during deployment under Part 3, Judicial Procedure for G…

81-10-501. Uniformity of application and construction. 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.

81-10-502. Relation to Electronic Signatures in Global and National Commerce Act. This chapter modifies, limits, or supersedes the Electronic Signatures in Global and National Commerce Act, 15 U.S.C. Sec. 7001 et seq., but does not modify, limit, or supersede Section 101(c) of th…

81-10-503. Savings clause. This chapter does not affect the validity of a temporary court order concerning custodial responsibility during deployment that was entered before May 10, 2016.

81-11-101. Definitions for chapter. As used in this chapter: (1) "Abandoned" means left without provision for reasonable and necessary care or supervision. (2) "Child custody determination" means a judgment, decree, or other order of a court providing for the legal custody, physi…

81-11-102. Proceedings governed by other law. (1) As used in this section, "adoption proceeding" means any proceeding under Chapter 13, Adoption. (2) This chapter does not govern: an adoption proceeding; or a proceeding pertaining to the authorization of emergency medical care fo…

81-11-103. Application to Indian tribes. (1) A child custody proceeding that pertains to an Indian child as defined in the Indian Child Welfare Act, 25 U.S.C. 1901 et seq., is not subject to this chapter to the extent that it is governed by the Indian Child Welfare Act. (2) A cou…

81-11-104. International application of chapter. (1) A court of this state shall treat a foreign country as a state of the United States for purposes of applying, and. Part 1, General Provisions Part 2, Jurisdiction (2) A child custody determination made in a foreign country unde…

81-11-105. Binding force of child custody determination. (1) A child custody determination made by a court of this state that had jurisdiction under this chapter binds all persons who have: been served in accordance with the laws of this state or notified in accordance with Secti…

81-11-106. Priority. If a question of existence or exercise of jurisdiction under this chapter is raised in a child custody proceeding, the question, upon request of a party, shall be given priority on the calendar and handled expeditiously.

81-11-107. Notice to persons outside state. (1) Notice required for the exercise of jurisdiction when a person is outside this state may be given in a manner prescribed by the law of this state for the service of process or by the law of the state in which the service is made. No…

81-11-108. Appearance and limited immunity. (1) A party to a child custody proceeding who is not subject to personal jurisdiction in this state and is a responding party under, a party in a proceeding to modify a child custody determination under, or a petitioner in a proceeding …

81-11-109. Communication between courts. (1) As used in this section: "Record" means information that is inscribed on a tangible medium or that which is stored in an electronic or other medium and is retrievable in perceivable form. "Record" includes: notes or transcripts of a co…

81-11-110. Taking testimony in another state. (1) In addition to other procedures available to a party, a party to a child custody proceeding may offer testimony of witnesses who are located in another state, including testimony of the parties and the minor child, by deposition o…

81-11-111. Cooperation between courts -- Preservation of records. (1) A court of this state may request the appropriate court of another state to: hold an evidentiary hearing; order a person to produce or give evidence under procedures of that state; order that an evaluation be m…

81-11-201. Initial child custody jurisdiction. (1) Except as otherwise provided in Section, a court of this state has jurisdiction to make an initial child custody determination only if: 81-11-204 this state is the home state of the minor child on the date of the commencement of …

81-11-202. Exclusive, continuing jurisdiction. (1) Except as otherwise provided in Section, a court of this state that has made a child custody determination consistent with Sectionorhas exclusive, continuing jurisdiction over the determination until: 81-11-204 81-11-201 81-11-20…

81-11-203. Jurisdiction to modify determination. Except as otherwise provided in Section, 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 Subse…

81-11-204. Temporary emergency jurisdiction. (1) A court of this state has temporary emergency jurisdiction if the minor child is present in this state and the minor child has been abandoned or it is necessary in an emergency to protect the minor child because the minor child, or…

81-11-205. Notice -- Opportunity to be heard -- Joinder. (1) Before a child custody determination is made under this chapter, notice and an opportunity to be heard in accordance with the standards of Sectionshall be given to all persons entitled to notice under the law of this st…

81-11-206. Simultaneous proceedings. (1) Except as otherwise provided in Section, 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 previo…

81-11-207. Inconvenient forum. (1) A court of this state that has jurisdiction under this chapter to make a child custody determination may decline to exercise its jurisdiction at any time if the court determines that the court is an inconvenient forum under the circumstances and…

81-11-208. Jurisdiction declined by reason of conduct. (1) Except as otherwise provided in Sectionor 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…

81-11-209. Information to be submitted to court. (1) 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…

81-11-210. Appearance of parties and child. (1) A court of this state may order a party to a child custody proceeding who is in this state to appear before the court personally with or without the minor child. The court may order any person who is in this state and who has physic…

81-11-301. Definitions for part. As used in this part: (1) "Petitioner" means a person who seeks enforcement of a child custody determination or enforcement of an order for the return of the minor child under the Hague Convention on the Civil Aspects of International Child Abduct…