As used in this chapter:

(1)  “Abandoned” means left without provision for reasonable and necessary care or supervision.

Terms Used In Utah Code 78B-13-102

  • Child: means an individual under 18 years of age and not married. See Utah Code 78B-13-102
  • Child custody determination: means a judgment, decree, or other order of a court providing for the legal custody, physical custody, or parent-time with respect to a child. See Utah Code 78B-13-102
  • Child custody proceeding: means a proceeding in which legal custody, physical custody, or parent-time with respect to a child is an issue. See Utah Code 78B-13-102
  • Commencement: means the filing of the first pleading in a proceeding. See Utah Code 78B-13-102
  • Court: means an entity authorized under the law of a state to establish, enforce, or modify a child custody determination. See Utah Code 78B-13-102
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Modification: means a child custody determination that changes, replaces, supersedes, or is otherwise made after a previous determination concerning the same child, whether or not it is made by the court that made the previous determination. See Utah Code 78B-13-102
  • 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: includes government, governmental subdivision, agency, or instrumentality, or any other legal or commercial entity. See Utah Code 78B-13-102
  • Physical custody: means the physical care and supervision of a child. See Utah Code 78B-13-102
  • State: means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States. See Utah Code 78B-13-102
  • Tribe: means an Indian tribe, or band, or Alaskan Native village which is recognized by federal law or formally acknowledged by a state. See Utah Code 78B-13-102
  • United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5
(2)  “Child” means an individual under 18 years of age and not married.

(3)  “Child custody determination” means a judgment, decree, or other order of a court providing for the legal custody, physical custody, or parent-time with respect to a child. The term includes a permanent, temporary, initial, and modification order. The term does not include an order relating to child support or other monetary obligation of an individual.

(4)  “Child custody proceeding” means a proceeding in which legal custody, physical custody, or parent-time with respect to a child is an issue. The term includes a proceeding for divorce, separation, neglect, abuse, dependency, guardianship, paternity, termination of parental rights, and protection from domestic violence, in which the issue may appear. The term does not include a proceeding involving juvenile delinquency, contractual emancipation, or enforcement under 3.

(5)  “Commencement” means the filing of the first pleading in a proceeding.

(6)  “Court” means an entity authorized under the law of a state to establish, enforce, or modify a child custody determination.

(7)  “Home state” means the state in which a child lived with a parent or a person acting as a parent for at least six consecutive months immediately before the commencement of a child custody proceeding. In the case of a child less than six months of age, the term means the state in which the child lived from birth with any of the persons mentioned. A period of temporary absence of any of the mentioned persons is part of the period.

(8)  “Initial determination” means the first child custody determination concerning a particular child.

(9)  “Issuing court” means the court that makes a child custody determination for which enforcement is sought under this chapter.

(10)  “Issuing state” means the state in which a child custody determination is made.

(11)  “Modification” means a child custody determination that changes, replaces, supersedes, or is otherwise made after a previous determination concerning the same child, whether or not it is made by the court that made the previous determination.

(12)  “Person” includes government, governmental subdivision, agency, or instrumentality, or any other legal or commercial entity.

(13)  “Person acting as a parent” means a person, other than a parent, who:

(a)  has physical custody of the child or has had physical custody for a period of six consecutive months, including any temporary absence, within one year immediately before the commencement of a child custody proceeding; and

(b)  has been awarded legal custody by a court or claims a right to legal custody under the law of this state.

(14)  “Physical custody” means the physical care and supervision of a child.

(15)  “State” means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States.

(16)  “Tribe” means an Indian tribe, or band, or Alaskan Native village which is recognized by federal law or formally acknowledged by a state.

(17)  “Writ of assistance” means an order issued by a court authorizing law enforcement officers to take physical custody of a child.

Renumbered and Amended by Chapter 3, 2008 General Session

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