| (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-20-102Decision-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 member: means a sibling, aunt, uncle, cousin, stepparent, or grandparent of a child, or an individual recognized to be in a familial relationship with a child under the law of this state other than this chapter. See Utah Code 78B-20-102Nonparent: means an individual other than a deploying parent or other parent. See Utah Code 78B-20-102Other 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-20-102State: 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) |
Unless a grant of caretaking authority to a nonparent under Subsection (1) is agreed to by the other parent, the grant is limited to an amount of time not greater than:
| (a) |
the amount of time granted to the deploying parent under a permanent custody order, but the court may add unusual travel time necessary to transport the child; or |
| (b) |
in the absence of a permanent custody order that is currently in effect, the amount of time that the deploying parent habitually cared for the child before being notified of deployment, but the court may add unusual travel time necessary to transport the child. |
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| (3) |
A court may grant part of a deploying parent’s decision-making authority, if the deploying parent is unable to exercise that authority, to a nonparent who is an adult family member of the child with whom the child has a close and substantial relationship. If a court grants the authority to a nonparent, the court shall specify the decision-making powers granted, including decisions regarding the child’s education, religious training, health care, extracurricular activities, and travel. |
Enacted by Chapter 292, 2016 General Session
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