(1)  Before a child custody determination is made under this chapter, notice and an opportunity to be heard in accordance with the standards of Section 78B-13-108 shall be given to all persons entitled to notice under the law of this state as in child custody proceedings between residents of this state, any parent whose parental rights have not been previously terminated, and any person having physical custody of the child.

Terms Used In Utah Code 78B-13-205

  • 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
  • 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
(2)  This chapter does not govern the enforceability of a child custody determination made without notice and an opportunity to be heard.

(3)  The obligation to join a party and the right to intervene as a party in a child custody proceeding under this chapter are governed by the law of this state as in child custody proceedings between residents of this state.

Renumbered and Amended by Chapter 3, 2008 General Session