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2019 Utah Code
Title 30 - Husband and Wife
Chapter 3 - Divorce
Section 34 - Parent-time -- Best interests -- Rebuttable presumption.
Universal Citation: UT Code § 30-3-34 (2019)
Effective 5/14/2019
30-3-34. Parent-time -- Best interests -- Rebuttable presumption.
Amended by Chapter 188, 2019 General Session
30-3-34. Parent-time -- Best interests -- Rebuttable presumption.
- (1) If the parties are unable to agree on a parent-time schedule, the court may establish a parent-time schedule consistent with the best interests of the child.
- (2) The advisory guidelines as provided in Section 30-3-33 and the parent-time schedule as provided in Sections 30-3-35 and 30-3-35.5 shall be presumed to be in the best interests of the child unless the court determines that Section 30-3-35.1 should apply. The parent-time schedule shall be considered the minimum parent-time to which the noncustodial parent and the child shall be entitled unless a parent can establish otherwise by a preponderance of the evidence that more or less parent-time should be awarded based upon one or more of the following criteria:
- (a) parent-time would endanger the child's physical health or mental health, or significantly impair the child's emotional development;
- (b) evidence of domestic violence, neglect, physical abuse, sexual abuse, or emotional abuse, involving the child, a parent, or a household member of the parent;
- (c) the distance between the residency of the child and the noncustodial parent;
- (d) a credible allegation of child abuse has been made;
- (e) the lack of demonstrated parenting skills without safeguards to ensure the child's well-being during parent-time;
- (f) the financial inability of the noncustodial parent to provide adequate food and shelter for the child during periods of parent-time;
- (g) the preference of the child if the court determines the child is of sufficient maturity;
- (h) the incarceration of the noncustodial parent in a county jail, secure youth corrections facility, or an adult corrections facility;
- (i) shared interests between the child and the noncustodial parent;
- (j) the involvement or lack of involvement of the noncustodial parent in the school, community, religious, or other related activities of the child;
- (k) the availability of the noncustodial parent to care for the child when the custodial parent is unavailable to do so because of work or other circumstances;
- (l) a substantial and chronic pattern of missing, canceling, or denying regularly scheduled parent-time;
- (m) the minimal duration of and lack of significant bonding in the parents' relationship before the conception of the child;
- (n) the parent-time schedule of siblings;
- (o) the lack of reasonable alternatives to the needs of a nursing child; and
- (p) any other criteria the court determines relevant to the best interests of the child.
- (3) The court shall enter the reasons underlying the court's order for parent-time that:
- (a) incorporates a parent-time schedule provided in Section 30-3-35 or 30-3-35.5; or
- (b) provides more or less parent-time than a parent-time schedule provided in Section 30-3-35 or 30-3-35.5.
- (4) Once the parent-time schedule has been established, the parties may not alter the schedule except by mutual consent of the parties or a court order.
Amended by Chapter 188, 2019 General Session
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