Utah Code 78B-20-308. Nature of authority created by temporary custody order

78B-20-308. Nature of authority created by temporary custody order.

(1)

A grant of authority under this part is temporary and terminates under 4, after the return from deployment of the deploying parent, unless the grant has been terminated before that time by court order. The grant may not create an independent, continuing right to caretaking authority, decision-making authority, or limited contact in an individual to whom it is granted.

Terms Used In Utah Code 78B-20-308

Caretaking authority: includes physical custody, parent-time, right to access, and visitation. 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
Decision-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-20-102
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 Limited contact: includes authority to take the child to a place other than the residence of the child. See Utah Code 78B-20-102 Nonparent: means an individual other than a deploying parent or other parent. See Utah Code 78B-20-102
(2)	A nonparent granted caretaking authority, decision-making authority, or limited contact under this part has standing to enforce the grant until it is terminated by court order or under 4.

Enacted by Chapter 292, 2016 General Session

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