| (1) |
An order granting custodial responsibility under this part shall:
Terms Used In Utah Code 78B-20-309- Caretaking authority: includes physical custody, parent-time, right to access, and visitation. See Utah Code 78B-20-102
- 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
- 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
- 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-20-102- Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5
- Return from deployment: means the conclusion of a service member's deployment as specified in uniformed service orders. See Utah Code 78B-20-102
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| (a) |
designate the order as temporary; and |
| (b) |
identify to the extent feasible the destination, duration, and conditions of the deployment. |
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| (2) |
If applicable, an order for custodial responsibility under this part shall:
| (a) |
specify the allocation of caretaking authority, decision-making authority, or limited contact among the deploying parent, the other parent, and any nonparent; |
| (b) |
if the order divides caretaking or decision-making authority between individuals, or grants caretaking authority to one individual and limited contact to another, provide a process to resolve any dispute that may arise; |
| (c) |
provide for liberal communication between the deploying parent and the child during deployment, including through electronic means, unless contrary to the best interest of the child, and allocate any costs of communications; |
| (d) |
provide for liberal contact between the deploying parent and the child during the time the deploying parent is on leave or otherwise available, unless contrary to the best interest of the child; |
| (e) |
provide for reasonable contact between the deploying parent and the child after return from deployment until the temporary order is terminated, even if the time of contact exceeds the time the deploying parent spent with the child before entry of the temporary order; and |
| (f) |
provide that the order will terminate pursuant to 4, after the deploying parent returns from deployment. |
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Enacted by Chapter 292, 2016 General Session
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