Except as otherwise provided in Section 78B-13-204, 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 Subsection 78B-13-201(1)(a) or (b) and:

(1)  the court of the other state determines it no longer has exclusive, continuing jurisdiction under Section 78B-13-202 or that a court of this state would be a more convenient forum under Section 78B-13-207; or

Terms Used In Utah Code 78B-13-203

  • 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
  • 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
  • Initial determination: means the first child custody determination concerning a particular child. 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.
  • Person: includes government, governmental subdivision, agency, or instrumentality, or any other legal or commercial entity. See Utah Code 78B-13-102
  • 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. 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
  • (2)  a court of this state or a court of the other state determines that neither the child, nor a parent, nor any person acting as a parent presently resides in the other state.

    Renumbered and Amended by Chapter 3, 2008 General Session