78B-20-203.  Modification of agreement.

(1)  By mutual consent, the parents of a child may modify an agreement regarding custodial responsibility made pursuant to this part.

Terms Used In Utah Code 78B-20-203

  • 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
  • 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
  • Nonparent: means an individual other than a deploying parent or other parent. 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
  • Writing: includes :Utah Code 68-3-12.5
  • (2)  If an agreement is modified under Subsection (1) before deployment of a deploying parent, the modification shall be in writing and signed by both parents and any nonparent who will exercise custodial responsibility under the modified agreement.

    (3)  If an agreement is modified under Subsection (1) during deployment of a deployed parent, the modification shall be agreed to in a record by both parents and any nonparent who will exercise custodial responsibility under the modified agreement.

    Enacted by Chapter 292, 2016 General Session