78B-20-311.  Modifying or terminating grant of custodial responsibility to nonparent.

(1)  Except for an order under Section 78B-20-305, except as otherwise provided in Subsection (2), and consistent with Section 39A-6-105 and the Servicemembers Civil Relief Act, 50 U.S.C. Appendix Sections 521 and 522, on motion of a deploying parent, other parent, or any nonparent to whom caretaking authority, decision-making authority, or limited contact has been granted, the court may modify or terminate the grant if the modification or termination is consistent with this part and it is in the best interest of the child. A modification is temporary and terminates pursuant to 4, after the deploying parent returns from deployment, unless the grant has been terminated before that time by court order.

Terms Used In Utah Code 78B-20-311

  • 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
  • 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
  • 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
    (2)  On motion of a deploying parent, the court shall terminate a grant of limited contact.

    Amended by Chapter 373, 2022 General Session

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