Title 78B - Judicial Code - Chapter 20 - Uniform Deployed Parents Custody, Parent-time, and Visitation Act - Part 3 - Judicial Procedure for Granting Custodial Responsibility During Deployment - Section 306 - Grant of caretaking or decision-making authori


Published: 2017-07-01

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month.

Utah Code

Page 1

Effective 7/1/2017 78B-20-306 Grant of caretaking or decision-making authority to nonparent. (1) On motion of a deploying parent and in accordance with the law of this state other than this

chapter, if it is in the best interest of the child a court may grant caretaking authority to a nonparent who is an adult family member of the child with whom the child has a close and substantial relationship.

(2) Unless a grant of caretaking authority to a nonparent under Subsection (1) is agreed to by the other parent, the grant is limited to an amount of time not greater than:

(a) the amount of time granted to the deploying parent under a permanent custody order, but the court may add unusual travel time necessary to transport the child; or

(b) in the absence of a permanent custody order that is currently in effect, the amount of time that the deploying parent habitually cared for the child before being notified of deployment, but the court may add unusual travel time necessary to transport the child.

(3) A court may grant part of a deploying parent's decision-making authority, if the deploying parent is unable to exercise that authority, to a nonparent who is an adult family member of the child with whom the child has a close and substantial relationship. If a court grants the authority to a nonparent, the court shall specify the decision-making powers granted, including decisions regarding the child's education, religious training, health care, extracurricular activities, and travel.

Enacted by Chapter 292, 2016 General Session