Utah Code 78B-20-105. Notification required of deploying parent

78B-20-105. Notification required of deploying parent.

(1)

Except as otherwise provided in Subsection (4) and subject to Subsection (3), a deploying parent shall in a record notify the other parent of a pending deployment not later than seven days after receiving notice of deployment unless reasonably prevented from doing so by the circumstances of service. If the circumstances of service prevent giving notification within the seven days, the deploying parent shall give the notification as soon as reasonably possible.

Terms Used In Utah Code 78B-20-105

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

Other parent: means an individual who, in common with a deploying parent, 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 Record: means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form. See Utah Code 78B-20-102
(2)	Except as otherwise provided in Subsection (4) and subject to Subsection (3), each parent shall in a record provide the other parent with a plan for fulfilling that parent’s share of custodial responsibility during deployment. Each parent shall provide the plan as soon as reasonably possible after notification of deployment is given under Subsection (1).

(3)

If a court order currently in effect prohibits disclosure of the address or contact information of the other parent, notification of deployment under Subsection (1), or notification of a plan for custodial responsibility during deployment under Subsection (2), may be made only to the issuing court. If the address of the other parent is available to the issuing court, the court shall forward the notification to the other parent. The court shall keep confidential the address or contact information of the other parent.

(4)	Notification in a record under Subsection (1) or (2) is not required if the parents are living in the same residence and both parents have actual notice of the deployment or plan.

(5)	In a proceeding regarding custodial responsibility, a court may consider the reasonableness of a parent’s efforts to comply with this section.

Enacted by Chapter 292, 2016 General Session

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