78B-20-404.  Termination by operation of law of temporary grant of custodial responsibility established by court order.

(1)  If an agreement between the parties to terminate a court order for temporary custodial responsibility during deployment under 3, or to terminate a provision of an order for temporary custodial responsibility during deployment entered under Section 30-3-10 has not been filed, the temporary order terminates 30 days after the day on which the deploying parent gives notice to the other parent and any nonparent granted custodial responsibility that the deploying parent has returned from deployment.

Terms Used In Utah Code 78B-20-404

  • 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
  • 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
  • State: 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)  A proceeding seeking to prevent termination of a temporary order for custodial responsibility is governed by the law of this state other than this chapter.

    Amended by Chapter 224, 2017 General Session