| (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. |
Terms Used In Utah Code 30-3-10.8
- Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
- Counterclaim: A claim that a defendant makes against a plaintiff.
- Pleadings: Written statements of the parties in a civil case of their positions. In the federal courts, the principal pleadings are the complaint and the answer.
| (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 service members, 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 service members, as soon as practical, the parents shall amend the existing parenting plan to comply with Subsection 30-3-10.9(10). |
Amended by Chapter 44, 2023 General Session
