78B-20-104.  Jurisdiction.

(1)  A court may issue an order regarding custodial responsibility under this chapter only if the court has jurisdiction under Title 78B, Chapter 13, Utah Uniform Child Custody Jurisdiction and Enforcement Act.

Terms Used In Utah Code 78B-20-104

  • Child: means :
(a) an unemancipated individual who has not attained 18 years old; or
(b) an adult son or daughter by birth or adoption, or under law of this state other than this chapter, who is the subject of a court order concerning custodial responsibility. See Utah Code 78B-20-102
  • Court: means a tribunal, including an administrative agency, authorized under the law of this state other than this chapter to make, enforce, or modify a decision regarding custodial responsibility. See Utah Code 78B-20-102
  • Custodial responsibility: includes all powers and duties relating to caretaking authority and decision-making authority for a child. See Utah Code 78B-20-102
  • Deploying parent: means a service member who is deployed or has been notified of impending deployment and is:
    (a) a parent of a child under the law of this state other than this chapter; or
    (b) an individual who has custodial responsibility for a child under the law of this state other than this chapter. See Utah Code 78B-20-102
  • Deployment: means the movement or mobilization of a service member for more than 90 days but less than 18 months pursuant to uniformed service orders that:
    (a) are designated as unaccompanied;
    (b) do not authorize dependent travel; or
    (c) otherwise do not permit the movement of family members to the location to which the service member is deployed. See Utah Code 78B-20-102
  • 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.
  • 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-20-102
  • (2)  If a court has issued a temporary order regarding custodial responsibility pursuant to 3, the residence of the deploying parent is not changed by reason of the deployment for the purposes of Title 78B, Chapter 13, Utah Uniform Child Custody Jurisdiction and Enforcement Act, during the deployment.

    (3)  If a court has issued a permanent order regarding custodial responsibility before notice of deployment and the parents modify that order temporarily by agreement pursuant to 2, the residence of the deploying parent is not changed by reason of the deployment for the purposes of Title 78B, Chapter 13, Utah Uniform Child Custody Jurisdiction and Enforcement Act.

    (4)  If a court in another state has issued a temporary order regarding custodial responsibility as a result of impending or current deployment, the residence of the deploying parent is not changed by reason of the deployment for the purposes of Title 78B, Chapter 13, Utah Uniform Child Custody Jurisdiction and Enforcement Act.

    (5)  This section does not prevent a court from exercising temporary emergency jurisdiction under Title 78B, Chapter 13, Utah Uniform Child Custody Jurisdiction and Enforcement Act.

    Enacted by Chapter 292, 2016 General Session