There is a newer version
of
this Section
2022 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 (2022)
Effective 5/5/2021
30-3-34. Parent-time -- Best interests -- Rebuttable presumption.
Amended by Chapter 399, 2021 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:
- (a) establish a parent-time schedule; or
- (b) order a parent-time schedule described in Section 30-3-35, 30-3-35.1, 30-3-35.2, or 30-3-35.5.
- (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 considered the minimum parent-time to which the noncustodial parent and the child shall be entitled.
- (3) A court may consider the following when ordering a parent-time schedule:
- (a) whether 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.
- (4) 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.
- (5) A court may not order a parent-time schedule unless the court determines by a preponderance of the evidence that the parent-time schedule is in the best interest of the child.
- (6) 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 399, 2021 General Session
Disclaimer: These codes may not be the most recent version. Utah may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
This site is protected by reCAPTCHA and the Google
Privacy Policy and
Terms of Service apply.
