| (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-20-102Court: 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-20-102Custodial responsibility: includes all powers and duties relating to caretaking authority and decision-making authority for a child. See Utah Code 78B-20-102Decision-making authority: means the power to make important decisions regarding a child, including decisions regarding the child's education, religious training, health care, extracurricular activities, and travel. See Utah Code 78B-20-102Deploying 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-20-102Deployment: 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-20-102Family care plan: means a formal written contingency plan mandated by regulation of the various departments and components of the uniformed service that requires certain service member parents of minor children to plan in advance for the smooth, rapid transfer of parental responsibilities to designees during the absence of the service member due to death, incapacity, short-term absences, long-term absences, including deployments, or noncombatant evacuation operations. See Utah Code 78B-20-102Limited contact: includes authority to take the child to a place other than the residence of the child. See Utah Code 78B-20-102Nonparent: means an individual other than a deploying parent or other parent. See Utah Code 78B-20-102Obligation: 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.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-20-102Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5Writing: includes :Utah Code 68-3-12.5 |
| (2) |
An agreement under Subsection (1) shall be:
| (b) |
signed by both parents and any nonparent to whom custodial responsibility is granted. |
|
| (3) |
Subject to Subsection (4), an agreement under Subsection (1), if feasible, shall:
| (a) |
identify the destination, duration, and conditions of the deployment that is the basis for the agreement if the deployment has been noticed; |
| (b) |
specify the allocation of caretaking authority among the deploying parent, the other parent, and any nonparent; |
| (c) |
specify any decision-making authority that accompanies a grant of caretaking authority; |
| (d) |
specify any grant of limited contact to a nonparent; |
| (e) |
if under the agreement custodial responsibility is shared by the other parent and a nonparent, or by other nonparents, provide a process to resolve any dispute that may arise; |
| (f) |
specify the frequency, duration, and means, including electronic means, by which the deploying parent will have contact with the child, any role to be played by the other parent in facilitating the contact, and the allocation of any costs of contact; |
| (g) |
specify the contact between the deploying parent and child during the time the deploying parent is on leave or is otherwise available; |
| (h) |
acknowledge that any party’s child-support obligation cannot be modified by the agreement, and that changing the terms of the obligation during deployment requires modification in the appropriate court; |
| (i) |
provide that the agreement will terminate according to the procedures under 4, after the deploying parent returns from deployment; and |
| (j) |
if the agreement is required to be filed pursuant to Section 78B-20-205, specify which parent is required to file the agreement. |
|
| (4) |
The omission of any of the items specified in Subsection (3) does not invalidate an agreement under this section. |
| (5) |
A servicemember shall ensure that the servicemember’s family care plan reflects orders and agreements entered and filed pursuant to this chapter. |
Amended by Chapter 224, 2017 General Session
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