(1)  A person convicted of a violation of 4, except for Sections 76-5-401 and 76-5-401.2, that results in conception of a child may not be granted custody or parent-time rights by a court regarding the child, unless:

Have a question?
Click here to chat with a criminal defense lawyer and protect your rights.

Terms Used In Utah Code 76-5-414

  • Conviction: A judgement of guilt against a criminal defendant.
  • Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
  • Person: means an individual, public or private corporation, government, partnership, or unincorporated association. See Utah Code 76-1-101.5
(a)  the nonconvicted biological parent or legal guardian of the child consents and the court determines it is in the best interest of the child to award custody or parent-time to the convicted person; or

(b)  after the date of the conviction, the biological parents cohabit and establish a mutual custodial environment for the child.

(2)  A denial of custody or parent-time under this section may not in and of itself:

(a)  terminate the parental rights of the person denied parent-time or custody; or

(b)  affect the obligation of the convicted person to financially support the child.

Enacted by Chapter 193, 2013 General Session