78B-20-305. Effect of prior judicial order or agreement. In a proceeding for a grant of
custodial responsibility pursuant to this part, the following rules apply:
| (1) |
a prior judicial order designating custodial responsibility in the event of deployment is binding on the court unless the circumstances meet the requirements of the law of this state other than this chapter for modifying a judicial order regarding custodial responsibility; and |
Terms Used In Utah Code 78B-20-305
- 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
- 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- 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
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| (2) |
the court shall enforce a prior written agreement between the parents for designating custodial responsibility in the event of deployment, including an agreement executed under 2, unless the court finds that the agreement is contrary to the best interest of the child. |
Enacted by Chapter 292, 2016 General Session
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