78B-20-401.  Procedure for terminating temporary grant of custodial responsibility established by agreement.

(1)  At any time after return from deployment, a temporary agreement granting custodial responsibility under 2, may be terminated by an agreement to terminate signed by the deploying parent and the other parent.

Terms Used In Utah Code 78B-20-401

  • 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
  • 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
  • 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)  A temporary agreement under 2, granting custodial responsibility terminates:

    (a)  if an agreement to terminate under Subsection (1) specifies a date for termination, on that date; or

    (b)  if the agreement to terminate does not specify a date, on the date the agreement to terminate is signed by the deploying parent and the other parent.

    (3)  In the absence of an agreement under Subsection (1) to terminate, a temporary agreement granting custodial responsibility terminates under 2, 30 days after the deploying parent gives notice to the other parent that the deploying parent returned from deployment.

    (4)  If a temporary agreement granting custodial responsibility was filed with a court pursuant to Section 78B-20-205, an agreement to terminate the temporary agreement shall also be filed with that court within a reasonable time after the signing of the agreement. The case number and heading of the case concerning custodial responsibility or child support shall be provided to the court with the agreement to terminate.

    Amended by Chapter 224, 2017 General Session