Title 81, Utah Domestic Relations Code

81-11-306. Enforcement of registered determination. (1) A court of this state may grant any relief normally available under the law of this state to enforce a registered child custody determination made by a court of another state. (2) A court of this state shall recognize and en…

81-11-307. Simultaneous proceedings. (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…

81-11-308. Expedited enforcement of child custody determination. (1)(a) A petition under this part shall be verified. (b) Certified copies of all orders sought to be enforced and of the order confirming registration, if any, shall be attached to the petition. (c) A copy of a cert…

81-11-309. Service of petition and order. Except as otherwise provided in Section 81-11-311, the petition and order shall be served, by any method authorized by the law of this state, upon respondent and any person who has physical custody of the minor child.

81-11-310. Hearing and order. (1) Unless the court enters a temporary emergency order in accordance with Section 81-11-204, upon a finding that a petitioner is entitled to the physical custody of the minor child immediately, the court shall order the minor child delivered to the …

81-11-311. Writ to take physical custody of child. (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 mi…

81-11-312. Costs, fees, and expenses. (1) The court shall award the prevailing party, including a state, necessary and reasonable expenses incurred by or on behalf of the party, including costs, communication expenses, attorney fees, investigative fees, expenses for witnesses, tr…

81-11-313. Recognition and enforcement. A court of this state shall accord full faith and credit to an order made consistently with this chapter which enforces a child custody determination by a court of another state unless the order has been vacated, stayed, or modified by a co…

81-11-314. Appeals. (1) An appeal may be taken from an order in a proceeding under this chapter in accordance with expedited appellate procedures in other civil cases. (2) Unless the court enters a temporary emergency order under Section 81-11-204, the enforcing court may not sta…

81-11-315. Role of prosecutor or attorney general. (1) In a case arising under this chapter or involving the Hague Convention on the Civil Aspects of International Child Abduction, the prosecutor or attorney general may take any lawful action, including resort to a proceeding und…

81-11-316. Role of law enforcement. At the request of a prosecutor or the attorney general acting under Section 81-11-315, a law enforcement officer may take any lawful action reasonably necessary to locate a minor child or a party and assist a prosecutor or attorney general with…

81-11-317. Costs and expenses. 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.

81-11-318. Transitional provision. A motion or other request for relief made in a child custody or enforcement proceeding that was commenced before July 1, 2000, is governed by the law in effect at the time the motion or other request was made.

81-12-101. Definitions for chapter. As used in this chapter: (1) "Abduction" means the wrongful removal or wrongful retention of a minor child. (2)(a) "Child custody determination" means a judgment, decree, or other order of a court providing for the legal custody, physical custo…

81-12-102. Cooperation and communication among courts. Sections 81-11-109, 81-11-110, and 81-11-111 apply to cooperation and communications among courts in proceedings under this chapter.

81-12-103. Actions for abduction prevention measures. (1) A court on the court's own motion may order abduction prevention measures in a child custody proceeding if the court finds that the evidence establishes a credible risk of abduction of the minor child. (2) A party to a chi…

81-12-104. Jurisdiction. (1) A petition under this chapter may be filed only in a court that has jurisdiction to make a child custody determination with respect to the minor child at issue under Chapter 11, Uniform Child Custody Jurisdiction and Enforcement Act. (2) A court of th…

81-12-105. Contents of petition. (1)(a) A petition under this chapter must be verified and include a copy of any existing child custody determination, if available. (b) The petition must specify the risk factors for abduction, including the relevant factors described in Section 8…

81-12-106. Factors to determine risk of abduction. (1) In determining whether there is a credible risk of abduction of a minor child, the court shall consider any evidence that the petitioner or respondent: (a) has previously abducted or attempted to abduct the minor child; (b) h…

81-12-107. Provisions and measures to prevent abduction. (1) If a petition is filed under this chapter, the court may enter an order that must include: (a) the basis for the court's exercise of jurisdiction; (b) the manner in which notice and opportunity to be heard were given to…

81-12-108. Warrant to take physical custody of a minor child. (1) If a petition under this chapter contains allegations, and the court finds that there is a credible risk that the minor child is imminently likely to be wrongfully removed, the court may issue an ex parte warrant t…

81-12-109. Duration of abduction prevention order. 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…

81-12-110. Uniformity of application and construction. (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 enac…

81-12-111. Relation to Electronic Signatures in Global and National Commerce Act. This chapter modifies, limits, and supersedes the federal Electronic Signatures in Global and National Commerce Act, 15 U.S.C. Section 7001, et seq., but does not modify, limit, or supersede Section…

81-13-101. Definitions for chapter. 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 p…

81-13-102. Venue for an adoption proceeding. (1) Notwithstanding Title 78B, Chapter 3a, Venue for Civil Actions, a person shall bring an adoption proceeding in a court with jurisdiction under Title 78A, Judiciary and Judicial Administration: (a) in the judicial district where the…

81-13-103. Court hearings -- Adoption documents -- Motion to intervene. (1)(a) Notwithstanding Section 80-4-106, the court may close to the public any court hearing regarding an adoption upon the request of a party to the petition for adoption. (b) In a closed hearing, the court …

81-13-104. Responsibility for own actions -- Fraud or misrepresentation. (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 ac…

81-13-105. Adoption order from foreign country. (1) Except as otherwise provided by federal law, an adoption order rendered to a resident of this state that is made by a foreign country shall be recognized by the courts of this state and enforced as if the order were rendered by …

81-13-106. Compact for Interstate Sharing of Putative Father Registry Information -- Severability clause. COMPACT FOR INTERSTATE SHARING OF PUTATIVE FATHER REGISTRY INFORMATION ARTICLE I PURPOSE This compact enables the sharing of putative father registry information collected by…

81-13-201. Definitions for part. As used in this part, "sexual offense" means: (1) "Sexual offense" means: (a) an offense described in Title 76, Chapter 5, Part 4, Sexual Offenses; or (b) an offense under the laws of the state where the minor child was conceived that is substanti…

81-13-202. Legislative findings -- Best interest of the minor child -- Interests of each party. (1)(a) In every adoption of a minor child that, the best interest of the minor child should govern and be of foremost concern in a court's determination. (b) A determination of a minor…

81-13-203. Who may adopt -- Adoption of a minor child. (1) An adult may adopt a minor child in accordance with this section and this chapter. (2) Except as otherwise provided in this section and subject to the placement requirements described in Section 81-13-403, a minor child m…

81-13-204. Petition for adoption of a minor child. (1) A person may bring a petition for adoption of a minor child: (a) before the birth of the minor child; or (b) before or after the minor child is placed in the home of the adoptive parent for the purpose of adoption. (2)(a) Exc…

81-13-205. Petition to terminate parental rights of a minor child. (1) A party may bring a petition seeking to terminate parental rights to a minor child for the purpose of facilitating the adoption of the minor child in a court with jurisdiction under Title 78A, Judiciary and Ju…

81-13-206. Determination of rights in an adoption proceeding for a minor child. (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…

81-13-207. Notice of an adoption proceeding for a minor child. (1) A petitioner in an adoption proceeding described in Section 81-13-204, 81-13-205, or 81-13-206 shall serve a notice of the adoption proceeding on each of the following persons: (a) any person or agency whose conse…

81-13-208. Prebirth notice to birth father of intent to place a minor child for adoption. (1) As used in this section, "birth father" means: (a) a potential birth father; or (b) an unmarried biological father. (2) Before the birth of a minor child, the following persons may notif…

81-13-209. Declaration regarding each potential birth father for out-of-state birth mother and adoptive parents-- Putative father registry -- Notice to potential birth father. (1) The procedural and substantive requirements of this section are required only to the extent that the…

81-13-210. Custody pending final decree. (1) Except as otherwise provided by the court, once a petitioner has received the adoptee into the petitioner's home and a petition for adoption has been filed, the petitioner is entitled to the custody and control of the child adoptee and…

81-13-211. Counseling for parents. (1) As used in this section, "parent" means a person described in Subsections 81-13-212(1)(b) through (f) for whom the consent or relinquishment of a minor child for the adoption is required. (2) Subject to Subsection (3)(a), before relinquishin…

81-13-212. Necessary consent to adoption or relinquishment for adoption of a minor child -- Implied consent. (1) Except as provided in Subsection (2), the following persons are required to consent to an adoption of a minor child, or to relinquishment of a minor child, before an a…

81-13-213. Consent of unmarried biological father. (1) As used in this section, "qualifying circumstance" means that, at any point during the time period beginning at the conception of the child adoptee and ending at the time that the birth mother executes a consent to adoption o…

81-13-214. Persons who may take consents and relinquishments. (1) A birth mother shall sign a consent or relinquishment, or a child adoptee shall sign a consent, before: (a) a judge of any court that has jurisdiction over adoption proceedings; (b) subject to Subsection (6), a per…

81-13-215. Contested adoption of a minor child -- Rights of parties -- Determination of custody. (1) If an individual whose consent for an adoption of a minor child is required as described in Subsection 81-13-212(1)(b), (c), (d), (e), or (f) refused to consent, the court shall d…

81-13-216. Postadoption contact agreement. (1) As used in this section: (a) "Postadoption contact agreement" means a document, agreed upon before the finalization of an adoption of a minor child, that outlines the relationship between an adoptive parent, birth parent, or other bi…