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2022 Utah Code
Title 30 - Husband and Wife
Chapter 3 - Divorce
Section 10.3 - Terms of joint legal or physical custody order.
Universal Citation: UT Code § 30-3-10.3 (2022)
30-3-10.3. Terms of joint legal or physical custody order.
Amended by Chapter 271, 2012 General Session
- (1) Unless the court orders otherwise, before a final order of joint legal custody or joint physical custody is entered both parties shall attend the mandatory course for divorcing parents, as provided in Section 30-3-11.3, and present a certificate of completion from the course to the court.
- (2) An order of joint legal or physical custody shall provide terms the court determines appropriate, which may include specifying:
- (a) either the county of residence of the child, until altered by further order of the court, or the custodian who has the sole legal right to determine the residence of the child;
- (b) that the parents shall exchange information concerning the health, education, and welfare of the child, and where possible, confer before making decisions concerning any of these areas;
- (c) the rights and duties of each parent regarding the child's present and future physical care, support, and education;
- (d) provisions to minimize disruption of the child's attendance at school and other activities, his daily routine, and his association with friends; and
- (e) as necessary, the remaining parental rights, privileges, duties, and powers to be exercised by the parents solely, concurrently, or jointly.
- (3) The court shall, where possible, include in the order the terms of the parenting plan provided in accordance with Section 30-3-10.8.
- (4) Any parental rights not specifically addressed by the court order may be exercised by the parent having physical custody of the child the majority of the time.
- (5) The appointment of joint legal or physical custodians does not impair or limit the authority of the court to order support of the child, including payments by one custodian to the other.
- (6) An order of joint legal custody, in itself, is not grounds for modifying a support order.
- (7) An order of joint legal or physical custody shall require a parenting plan incorporating a dispute resolution procedure the parties agree to use:
- (a) in accordance with Section 30-3-10.9, or as ordered by the court in accordance with Subsection 30-3-10.2(5); and
- (b) before seeking enforcement or modification of the terms and conditions of the order of joint legal or physical custody through litigation, except in emergency situations requiring ex parte orders to protect the child.
Amended by Chapter 271, 2012 General Session
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