uca_title_81.txt

Utah Code Annotated - Title 81 - Utah Domestic Relations Code
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Utah Code Annotated - Title 81 - Chapter 1 - General Provisions
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Utah Code Annotated § 81-1-101 Definitions for title.
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As used in this title:Utah Code Annotated § 81-1-101(1): 81-6-101 "Child" means, except as provided in Section
Utah Code Annotated § 81-1-101(2): 78A-5-107 "Court" means:
Utah Code Annotated § 81-1-101(2)(a): a judge; or
Utah Code Annotated § 81-1-101(2)(b): 78A-5-107 a court commissioner if the court commissioner has authority to hear the matter under Section
Utah Code Annotated § 81-1-101(3): "Custodial parent" means:
Utah Code Annotated § 81-1-101(3)(a): a parent awarded primary physical custody of a minor child by a court order;
Utah Code Annotated § 81-1-101(3)(b): if both parents have joint physical custody:
Utah Code Annotated § 81-1-101(3)(b)(i): the parent awarded more overnights each year by a court order; or
Utah Code Annotated § 81-1-101(3)(b)(ii): the parent designated as the custodial parent by a court order; or
Utah Code Annotated § 81-1-101(3)(c): if there is no court order, the parent with whom the minor child resides more than one-half of the calendar year without regard to any temporary parent-time.
Utah Code Annotated § 81-1-101(4): 81-6-101 "Minor child" means, except as provided in Section
Utah Code Annotated § 81-1-101(5): "Noncustodial parent" means the parent who is not the custodial parent regardless of any designation of joint legal custody.
Utah Code Annotated § 81-1-101(6): 78B-15-201 "Parent" means a parent with an established parent-child relationship as described in Section


Utah Code Annotated § 81-1-201 Definitions for part.
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As used in this part:Utah Code Annotated § 81-1-201(1): 81-4-101 "Alimony" means the same as that term is defined in Section
Utah Code Annotated § 81-1-201(2): 81-6-101 "Child support" means the same as that term is defined in Section


Utah Code Annotated § 81-1-202 Court records in a domestic relations action.
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Utah Code Annotated § 81-1-202(1): 
Utah Code Annotated § 81-1-202(1)(a): In an action under this title, Title 78B, Chapter 13, Utah Uniform Child Custody Jurisdiction and Enforcement Act, Title 78B, Chapter 14, Utah Uniform Interstate Family Support Act, or Title 78B, Chapter 15, Utah Uniform Parentage Act, a party may file a motion to have the records of the action other than the final judgment, order, or decree, classified as private.
Utah Code Annotated § 81-1-202(1)(b): If the court finds that there are substantial interests favoring restricting access that clearly outweigh the interests favoring access, the court may classify the records of the action, or any part of the records of the action, other than the final order, judgment, or decree, as private.
Utah Code Annotated § 81-1-202(1)(c): An order classifying part of the records of the action as private does not apply to subsequent filings.
Utah Code Annotated § 81-1-202(1)(d): The record of an action is private until the court determines it is possible to release the record without prejudice to the interests that justified the closure.
Utah Code Annotated § 81-1-202(2): 
Utah Code Annotated § 81-1-202(2)(a): Any interested person may petition the court to permit access to a record classified as private as described in Subsection (1).
Utah Code Annotated § 81-1-202(2)(b): The interested person described in Subsection (2)(a) shall serve the petition on the parties to the closure order.
Utah Code Annotated § 81-1-202(3): A party shall place the social security number of any individual, who is the subject of an action under this title, in the records relating to the matter.


Utah Code Annotated § 81-1-203 Award of costs and attorney and witness fees -- Temporary support and maintenance.
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Utah Code Annotated § 81-1-203(1): 
Utah Code Annotated § 81-1-203(1)(a): In an action filed under Chapter 4, Dissolution of Marriage, Title 78B, Chapter 7, Part 6, Cohabitant Abuse Protective Orders, or in an action to establish an order of custody, parent-time, child support, alimony, or the division of property in a domestic case, the court may order a party to pay the costs, attorney fees, and witness fees, including expert witness fees, of the other party to enable the other party to prosecute or defend the action.
Utah Code Annotated § 81-1-203(1)(b): The order under Subsection (1)(a) may include a provision for costs of the action.
Utah Code Annotated § 81-1-203(2): In an action to enforce an order of custody, parent-time, child support, alimony, or division of property in a domestic case, the court may award costs and attorney fees upon determining that the party substantially prevailed upon the claim or defense.
Utah Code Annotated § 81-1-203(3): The court, in the court's discretion, may award no fees or limited fees against a party if the court finds the party is indigent or enters in the record the reason for not awarding fees.
Utah Code Annotated § 81-1-203(4): In an action described in Subsection (1), the court may order a party to provide money, during the pendency of the action, for the separate support and maintenance of the other party and of a minor child in the custody of the other party.
Utah Code Annotated § 81-1-203(5): The court may amend an order entered in accordance with this section before the entry of the final order or judgment or in the final order or judgment.


Utah Code Annotated § 81-1-204 Continuing jurisdiction of a court in a domestic relations action.
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In an action under this title, the court has continuing jurisdiction after a decree or final order is entered to make subsequent changes to the order, or to enter a new order, including an order regarding:Utah Code Annotated § 81-1-204(1): the distribution of the property and obligations for debts, as is reasonable and necessary, for an action described in Chapter 4, Dissolution of Marriage;
Utah Code Annotated § 81-1-204(2): 81-4-504 alimony in accordance with Section
Utah Code Annotated § 81-1-204(3): 81-6-208; 81-6-212 child support and medical expenses in accordance with Sections
Utah Code Annotated § 81-1-204(4): 81-9-208 custody and parent-time in accordance with Section


Utah Code Annotated - Title 81 - Chapter 2 - Marriage
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Utah Code Annotated § 81-2-101 Definitions for chapter.
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Reserved.

Utah Code Annotated § 81-2-102 Marriage recognition policy.
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Utah Code Annotated § 81-2-102(1): 
Utah Code Annotated § 81-2-102(1)(a): It is the policy of this state to recognize as marriage only the legal union of a man and a woman as provided in this chapter.
Utah Code Annotated § 81-2-102(1)(b): Except for the relationship of marriage between a man and a woman recognized pursuant to this chapter, this state will not recognize, enforce, or give legal effect to any law creating any legal status, rights, benefits, or duties that are substantially equivalent to those provided under Utah law to a man and a woman because they are married.
Utah Code Annotated § 81-2-102(2): Nothing in Subsection (1) impairs any contract or other rights, benefits, or duties that are enforceable independently of this section.


Utah Code Annotated § 81-2-201 Definitions for part.
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Utah Code Annotated § 81-2-201(1): "Premarital counseling" includes group counseling, individual counseling, and couple counseling.
Utah Code Annotated § 81-2-201(2): 81-2-206; 81-2-206 "Premarital education" includes:
Utah Code Annotated § 81-2-201(2)(a): 81-2-206 a lecture, class, seminar, or workshop provided by a person that meets the requirements of Subsection
Utah Code Annotated § 81-2-201(2)(b): 81-2-206 an online course approved by the Utah Marriage Commission as provided in Subsection


Utah Code Annotated § 81-2-202 Premarital counseling or education -- State policy -- Applicability.
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It is the policy of the state to enhance the possibility of couples to achieve more stable, satisfying, and enduring marital and family relationships by providing opportunities for and encouraging the use of premarital counseling or education before securing a marriage license.

Utah Code Annotated § 81-2-203 Premarital counseling board in county -- Appointment, terms, compensation, offices -- Common counseling board with adjacent county.
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Utah Code Annotated § 81-2-203(1): A county is authorized to:
Utah Code Annotated § 81-2-203(1)(a): provide for premarital counseling; and
Utah Code Annotated § 81-2-203(1)(b): require the use of premarital counseling as a condition precedent to the issuance of a marriage license under the provisions of this part.
Utah Code Annotated § 81-2-203(2): The county may appoint a premarital counseling board consisting of seven members, four of whom shall be lay persons and three of whom shall be chosen from the professions of psychiatry, psychology, social work, marriage counseling, the clergy, law or medicine.
Utah Code Annotated § 81-2-203(3): The county may designate the terms of office and the procedures to be followed by the premarital counseling board and provide for payment of compensation and expenses for members.
Utah Code Annotated § 81-2-203(4): The county may pay the salaries and expenses of a counseling staff under the supervision of the premarital counseling board and provide office space, furnishings, equipment and supplies for the board's use.
Utah Code Annotated § 81-2-203(5): A county may join with an adjacent county or counties in forming a common premarital counseling board and in establishing a common master plan for premarital counseling.


Utah Code Annotated § 81-2-204 Master plan for counseling.
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Utah Code Annotated § 81-2-204(1): It shall be the function and duty of the premarital counseling board, after holding public hearings, to make, adopt, and certify to the county legislative body a master plan for premarital counseling of marriage license applicants within the purposes and objectives of this part.
Utah Code Annotated § 81-2-204(2): The master plan described in Subsection (1) shall include:
Utah Code Annotated § 81-2-204(2)(a): counseling procedures that:
Utah Code Annotated § 81-2-204(2)(a)(i): will make applicants aware of problem areas in their proposed marriage;
Utah Code Annotated § 81-2-204(2)(a)(ii): suggest ways of meeting problems; and
Utah Code Annotated § 81-2-204(2)(a)(iii): will induce reconsideration or postponement when:
Utah Code Annotated § 81-2-204(2)(a)(iii)(A): the applicants are not sufficiently matured or are not financially capable of meeting the responsibilities of marriage; or
Utah Code Annotated § 81-2-204(2)(a)(iii)(B): are marrying for reasons not conducive to a sound lasting marriage; and
Utah Code Annotated § 81-2-204(2)(b): standards for evaluating premarital counseling received by the applicants, prior to their application for a marriage license, which would justify issuance of certificate without further counseling being given or required.
Utah Code Annotated § 81-2-204(3): The premarital counseling board may, from time to time, amend or extend the plan described in Subsection (1).
Utah Code Annotated § 81-2-204(4): The premarital counseling board may, subject to Subsection (5):
Utah Code Annotated § 81-2-204(4)(a): appoint a staff and employees as may be necessary for its work; and
Utah Code Annotated § 81-2-204(4)(b): contract with social service agencies or other consultants within the county or counties for services it requires.
Utah Code Annotated § 81-2-204(5): Expenditures for the appointments and contracts described in Subsection (4) may not exceed the sums appropriated by the county legislative body plus sums placed at its disposal through gift or otherwise.


Utah Code Annotated § 81-2-205 Conformity to master plan for counseling as prerequisite to marriage license -- Exceptions.
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Whenever a county has adopted a master plan for premarital counseling no resident of the county may obtain a marriage license without conforming to the plan, except that:Utah Code Annotated § 81-2-205(1): an individual who applies for a marriage license shall have the right to secure the license and to marry notwithstanding the individual's failure to conform to the required premarital counseling or the individual's failure to obtain a certificate of authorization from the premarital counseling board if the individual waits six months from the date of application for issuance of the license;
Utah Code Annotated § 81-2-205(2): this part does not apply to any application for a marriage license where both parties are at least 19 years old and neither has been previously divorced;
Utah Code Annotated § 81-2-205(3): this part does not apply to any application for a marriage license unless both applicants have physically resided in Utah for 60 days immediately preceding their application; or
Utah Code Annotated § 81-2-205(4): premarital counseling required by this part is considered fulfilled if the applicants present a certificate verified by a clergyman that the applicants have completed a course of premarital counseling approved by a church and given by or under the supervision of the clergyman.


Utah Code Annotated § 81-2-206 Completion of counseling or education.
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Utah Code Annotated § 81-2-206(1): The county clerk of a county that operates an online marriage application system and issues a marriage license to applicants who certify completion of premarital counseling or education in accordance with Subsection (2) shall reduce the marriage license fee by $20.
Utah Code Annotated § 81-2-206(2): 
Utah Code Annotated § 81-2-206(2)(a): To qualify for the reduced fee under Subsection (1), the applicants shall certify completion of premarital counseling or education in accordance with this Subsection (2).
Utah Code Annotated § 81-2-206(2)(b): To complete premarital counseling or education, the applicants:
Utah Code Annotated § 81-2-206(2)(b)(i): shall obtain the premarital counseling or education from:
Utah Code Annotated § 81-2-206(2)(b)(i)(A): a licensed or ordained minister or the minister's designee who is trained by the minister or denomination to conduct premarital counseling or education;
Utah Code Annotated § 81-2-206(2)(b)(i)(B): an individual licensed under Title 58, Chapter 60, Mental Health Professional Practice Act;
Utah Code Annotated § 81-2-206(2)(b)(i)(C): an individual certified by a national organization recognized by the Utah Marriage Commission, created in Title 63M, Chapter 15, Utah Marriage Commission, as a family life educator;
Utah Code Annotated § 81-2-206(2)(b)(i)(D): a family and consumer sciences educator;
Utah Code Annotated § 81-2-206(2)(b)(i)(E): an individual who is an instructor approved by a premarital education curriculum that meets the requirements of Subsection (2)(b)(ii); or
Utah Code Annotated § 81-2-206(2)(b)(i)(F): an online course approved by the Utah Marriage Commission;
Utah Code Annotated § 81-2-206(2)(b)(ii): shall receive premarital counseling or education that includes information on important factors associated with strong and healthy marriages, including:
Utah Code Annotated § 81-2-206(2)(b)(ii)(A): commitment in marriage; and
Utah Code Annotated § 81-2-206(2)(b)(ii)(B): effective communication and problem-solving skills, including avoiding violence and abuse in the relationship;
Utah Code Annotated § 81-2-206(2)(b)(iii): shall complete at least three hours of premarital counseling or six hours of premarital education meeting the requirements of this Subsection (2); and
Utah Code Annotated § 81-2-206(2)(b)(iv): shall complete the premarital counseling or education meeting the requirements of this Subsection (2) not more than one year before but at least 14 days before the day on which the marriage license is issued.
Utah Code Annotated § 81-2-206(2)(c): Although applicants are encouraged to take the premarital counseling or education together, each applicant may comply with the requirements of this Subsection (2) separately.
Utah Code Annotated § 81-2-206(3): A provider of premarital counseling or education under this section is encouraged to use research-based relationship inventories.


Utah Code Annotated § 81-2-207 Persons performing counseling services designated by board -- Exemption from license requirements.
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For the purposes of this part, the premarital counseling board of each county or combination of counties may determine those persons who are to perform any services under this part and any person so acting is not subject to prosecution or other sanctions for the person's failure to hold any license for these services as may be required by the laws of the state.

Utah Code Annotated § 81-2-208 Confidentiality of information obtained under counseling provisions.
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Utah Code Annotated § 81-2-208(1): Except for the information required or to be required on the marriage license application form, any information given by a marriage license applicant in compliance with this part:
Utah Code Annotated § 81-2-208(1)(a): shall be confidential information; and
Utah Code Annotated § 81-2-208(1)(b): may not be released by any person, board, commission, or other entity.
Utah Code Annotated § 81-2-208(2): Notwithstanding Subsection (1), the premarital counseling board or board of commissioners may use the information given by a marriage license applicant, without identification of individuals, to compile and release statistical data.


Utah Code Annotated § 81-2-209 Fee for counseling.
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Any county adopting a master plan under this act is authorized to charge, in addition to the county's ordinary marriage license application fees, not more than $10 for premarital counseling, to be paid by the applicants at the time the applicants make application.

Utah Code Annotated § 81-2-301 Definitions for part.
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As used in this part:Utah Code Annotated § 81-2-301(1): "County clerk" means:
Utah Code Annotated § 81-2-301(1)(a): the county clerk of the county; or
Utah Code Annotated § 81-2-301(1)(b): an employee or designee of the county clerk who is authorized to issue marriage licenses or solemnize marriages.
Utah Code Annotated § 81-2-301(2): "Judge or magistrate of the United States" means:
Utah Code Annotated § 81-2-301(2)(a): a justice of the United States Supreme Court;
Utah Code Annotated § 81-2-301(2)(b): a judge of a court of appeals;
Utah Code Annotated § 81-2-301(2)(c): a judge of a district court;
Utah Code Annotated § 81-2-301(2)(d): a judge of any court created by an act of Congress, the judges of which are entitled to hold office during good behavior;
Utah Code Annotated § 81-2-301(2)(e): a judge of a bankruptcy court;
Utah Code Annotated § 81-2-301(2)(f): a judge of a tax court; or
Utah Code Annotated § 81-2-301(2)(g): a United States magistrate.
Utah Code Annotated § 81-2-301(3): "Minor" means an individual who is 16 or 17 years old.
Utah Code Annotated § 81-2-301(4): 
Utah Code Annotated § 81-2-301(4)(a): "Native American spiritual advisor" means an individual who:
Utah Code Annotated § 81-2-301(4)(a)(i): leads, instructs, or facilitates a Native American religious ceremony or service or provides religious counseling; and
Utah Code Annotated § 81-2-301(4)(a)(ii): is recognized as a spiritual advisor by a federally recognized Native American tribe.
Utah Code Annotated § 81-2-301(4)(b): "Native American spiritual advisor" includes a sweat lodge leader, medicine person, traditional religious practitioner, or holy man or woman.


Utah Code Annotated § 81-2-302 Marriage licenses -- Use within state -- Expiration.
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Utah Code Annotated § 81-2-302(1): A marriage may not be solemnized in this state without a license issued by the county clerk of any county of this state.
Utah Code Annotated § 81-2-302(2): 
Utah Code Annotated § 81-2-302(2)(a): A license issued within this state by a county clerk may only be used within this state.
Utah Code Annotated § 81-2-302(2)(b): A license is considered used within this state if the officiant is physically present in the state at the time of solemnization of the marriage.
Utah Code Annotated § 81-2-302(3): 81-2-303(4)(a) A marriage is considered solemnized if:
Utah Code Annotated § 81-2-302(3)(a): the parties to the marriage have a valid marriage license;
Utah Code Annotated § 81-2-302(3)(b): each party to the marriage willingly, and without duress, declares their intent to enter into the marriage;
Utah Code Annotated § 81-2-302(3)(c): 81-2-303(4)(a) each party to the marriage has filed all required affidavits with the county clerk that issued the marriage license as required under Subsection
Utah Code Annotated § 81-2-302(3)(d): an officiant pronounces the parties as married; and
Utah Code Annotated § 81-2-302(3)(e): at least two individuals 18 years old or older witness the declarations of intent and the pronouncement.
Utah Code Annotated § 81-2-302(4): A license that is not used within 32 days after the day on which the license is issued is invalid.


Utah Code Annotated § 81-2-303 Application for marriage license -- Contents.
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Utah Code Annotated § 81-2-303(1): A county clerk may issue a marriage license only after:
Utah Code Annotated § 81-2-303(1)(a): an application is filed with the county clerk's office, requiring the following information:
Utah Code Annotated § 81-2-303(1)(a)(i): the full names of the applicants, including the maiden or bachelor name of each applicant;
Utah Code Annotated § 81-2-303(1)(a)(ii): the social security numbers of the applicants, unless an applicant has not been assigned a number;
Utah Code Annotated § 81-2-303(1)(a)(iii): the current address of each applicant;
Utah Code Annotated § 81-2-303(1)(a)(iv): the date and place of birth, including the town or city, county, state or country, if possible;
Utah Code Annotated § 81-2-303(1)(a)(v): the names of the applicants' respective parents, including the maiden name of a mother;
Utah Code Annotated § 81-2-303(1)(a)(vi): the birthplaces of the applicants' respective parents, including the town or city, county, state or country, if possible; and
Utah Code Annotated § 81-2-303(1)(a)(vii): the age, legal name, and identity of each applicant is verified.
Utah Code Annotated § 81-2-303(2): A power of attorney may not be used to secure a marriage license on behalf of a party to a marriage.
Utah Code Annotated § 81-2-303(3): 81-2-304; 81-2-304; 81-2-304
Utah Code Annotated § 81-2-303(3)(a): 81-2-304 If one or both of the applicants is a minor, the county clerk shall provide each minor with a standard petition on a form provided by the Judicial Council to be presented to the juvenile court to obtain the authorization required by Section
Utah Code Annotated § 81-2-303(3)(b): 81-2-304; 81-2-304 The form described in Subsection (3)(a) shall include:
Utah Code Annotated § 81-2-303(3)(b)(i): all information described in Subsection (1);
Utah Code Annotated § 81-2-303(3)(b)(ii): 81-2-304 a place for the parent or legal guardian to indicate the parent or legal guardian's relationship to the minor in accordance with Subsection
Utah Code Annotated § 81-2-303(3)(b)(iii): 81-2-304 an affidavit for the parent or legal guardian to acknowledge the penalty described in Section
Utah Code Annotated § 81-2-303(3)(b)(iv): an affidavit for each applicant regarding the accuracy of the information contained in the marriage application signed under penalty of perjury; and
Utah Code Annotated § 81-2-303(3)(b)(v): a place for the clerk to sign that indicates that the following have provided documentation to support the information contained in the form:
Utah Code Annotated § 81-2-303(3)(b)(v)(A): each applicant; and
Utah Code Annotated § 81-2-303(3)(b)(v)(B): the minor's parent or legal guardian.
Utah Code Annotated § 81-2-303(4): 
Utah Code Annotated § 81-2-303(4)(a): The social security numbers obtained under the authority of this section may not be recorded on the marriage license and are not open to inspection as a part of the vital statistics files.
Utah Code Annotated § 81-2-303(4)(b): The Department of Health and Human Services, Office of Vital Record and Statistics shall, upon request, supply the social security numbers to the Department of Health and Human Services, Office of Recovery Services.
Utah Code Annotated § 81-2-303(4)(c): The Office of Recovery Services may not use a social security number obtained under the authority of this section for any reason other than the administration of child support services.
Utah Code Annotated § 81-2-303(5): 
Utah Code Annotated § 81-2-303(5)(a): A county clerk may not issue a marriage license until the county clerk receives:
Utah Code Annotated § 81-2-303(5)(a)(i): an affidavit from each party applying for the marriage license, stating that there is no lawful reason preventing the marriage; and
Utah Code Annotated § 81-2-303(5)(a)(ii): if one of the parties will not be physically present in the state at the time of solemnization of the marriage, an affidavit from each party applying for the marriage license, stating that the party consents to personal jurisdiction of the state, and of the county issuing the marriage license, for the purposes of filing a divorce or annulment of the marriage.
Utah Code Annotated § 81-2-303(5)(b): A county clerk shall file and preserve each affidavit provided under this section.
Utah Code Annotated § 81-2-303(5)(c): A party who makes an affidavit described in Subsection (4)(a), or a subscribing witness to the affidavit, who falsely swears in the affidavit is guilty of perjury and may be prosecuted and punished as provided in Title 76, Chapter 8, Part 5, Falsification in Official Matters.
Utah Code Annotated § 81-2-303(6): A county clerk who knowingly issues a marriage license for any prohibited marriage is guilty of a class A misdemeanor.


Utah Code Annotated § 81-2-304 Marriage of a minor -- Consent of parent or guardian -- Juvenile court authorization.
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Utah Code Annotated § 81-2-304(1): 
Utah Code Annotated § 81-2-304(1)(a): If an applicant is a minor at the time of applying for a license, a county clerk may not issue a marriage license without the signed consent of the minor's parent or legal guardian given in person to the clerk, except that:
Utah Code Annotated § 81-2-304(1)(a)(i): if the parents of the minor are divorced, consent shall be given by the parent having legal custody of the minor as evidenced by an oath of affirmation to the clerk;
Utah Code Annotated § 81-2-304(1)(a)(ii): if the parents of the minor are divorced and have been awarded joint custody of the minor, consent shall be given by the parent having physical custody of the minor the majority of the time as evidenced by an oath of affirmation to the clerk; or
Utah Code Annotated § 81-2-304(1)(a)(iii): if the minor is not in the custody of a parent, the legal guardian shall provide the consent and provide proof of guardianship by court order as well as an oath of affirmation.
Utah Code Annotated § 81-2-304(1)(b): Each applicant, and the minor's consenting parent or legal guardian if an applicant is a minor, shall appear in person before the county clerk and provide legal documentation to establish the following information:
Utah Code Annotated § 81-2-304(1)(b)(i): the legal relationship between the minor and the minor's parent or legal guardian;
Utah Code Annotated § 81-2-304(1)(b)(ii): the legal name and identity of the minor; and
Utah Code Annotated § 81-2-304(1)(b)(iii): the birth date of each applicant.
Utah Code Annotated § 81-2-304(1)(c): An individual may present the following documents to satisfy a requirement described in Subsection (1)(b):
Utah Code Annotated § 81-2-304(1)(c)(i): for verifying the legal relationship between the minor and the minor's parent or legal guardian, one of the following:
Utah Code Annotated § 81-2-304(1)(c)(i)(A): the minor's certified birth certificate with the name of the parent, and an official translation if the birth certificate is in a language other than English;
Utah Code Annotated § 81-2-304(1)(c)(i)(B): a report of a birth abroad with the name of the minor and the parent;
Utah Code Annotated § 81-2-304(1)(c)(i)(C): a certified adoption decree with the name of the minor and the parent; or
Utah Code Annotated § 81-2-304(1)(c)(i)(D): a certified court order establishing custody or guardianship between the minor and the parent or legal guardian;
Utah Code Annotated § 81-2-304(1)(c)(ii): for verifying the legal name and identity of the minor, one of the following:
Utah Code Annotated § 81-2-304(1)(c)(ii)(A): an expired or current passport;
Utah Code Annotated § 81-2-304(1)(c)(ii)(B): a driver's license;
Utah Code Annotated § 81-2-304(1)(c)(ii)(C): a certificate of naturalization;
Utah Code Annotated § 81-2-304(1)(c)(ii)(D): a military identification
Utah Code Annotated § 81-2-304(1)(c)(ii)(E): a state identification card; or
Utah Code Annotated § 81-2-304(1)(c)(ii)(F): a government employee identification card from a federal, state, or municipal government; and
Utah Code Annotated § 81-2-304(1)(c)(iii): for verifying the birth date of each applicant, one of the following for each applicant:
Utah Code Annotated § 81-2-304(1)(c)(iii)(A): a certified birth certificate;
Utah Code Annotated § 81-2-304(1)(c)(iii)(B): a report of a birth abroad;
Utah Code Annotated § 81-2-304(1)(c)(iii)(C): a certificate of naturalization;
Utah Code Annotated § 81-2-304(1)(c)(iii)(D): a certificate of citizenship;
Utah Code Annotated § 81-2-304(1)(c)(iii)(E): a passport;
Utah Code Annotated § 81-2-304(1)(c)(iii)(F): a driver's license; or
Utah Code Annotated § 81-2-304(1)(c)(iii)(G): a state identification card.
Utah Code Annotated § 81-2-304(1)(d): An individual may not use a temporary or altered document to satisfy a requirement described in Subsection (1)(b).
Utah Code Annotated § 81-2-304(2): 53G-6-204
Utah Code Annotated § 81-2-304(2)(a): The minor and the parent or legal guardian of the minor shall obtain a written authorization to marry from:
Utah Code Annotated § 81-2-304(2)(a)(i): a judge of the court exercising juvenile jurisdiction in the county where either party to the marriage resides; or
Utah Code Annotated § 81-2-304(2)(a)(ii): a court commissioner as permitted by rule of the Judicial Council.
Utah Code Annotated § 81-2-304(2)(b): Before issuing written authorization for a minor to marry, the judge or court commissioner shall determine:
Utah Code Annotated § 81-2-304(2)(b)(i): that the minor is entering into the marriage voluntarily; and
Utah Code Annotated § 81-2-304(2)(b)(ii): the marriage is in the best interest of the minor under the circumstances.
Utah Code Annotated § 81-2-304(2)(c): The judge or court commissioner shall require that both parties to the marriage complete premarital counseling, except the requirement for premarital counseling may be waived if premarital counseling is not reasonably available.
Utah Code Annotated § 81-2-304(2)(d): 53G-6-204 The judge or court commissioner may require:
Utah Code Annotated § 81-2-304(2)(d)(i): 53G-6-204 that the minor continue to attend school, unless excused under Section
Utah Code Annotated § 81-2-304(2)(d)(ii): any other conditions that the court deems reasonable under the circumstances.
Utah Code Annotated § 81-2-304(2)(e): The judge or court commissioner may not issue a written authorization to the minor if the age difference between both parties to the marriage is more than seven years.
Utah Code Annotated § 81-2-304(3): 
Utah Code Annotated § 81-2-304(3)(a): The determination required in Subsection (2) shall be made on the record.
Utah Code Annotated § 81-2-304(3)(b): Any inquiry conducted by the judge or commissioner may be conducted in chambers.
Utah Code Annotated § 81-2-304(4): 
Utah Code Annotated § 81-2-304(4)(a): A parent or legal guardian who knowingly consents or allows a minor to enter into a marriage prohibited by law is guilty of a third degree felony.
Utah Code Annotated § 81-2-304(4)(b): An individual is guilty of a third degree felony if the individual:
Utah Code Annotated § 81-2-304(4)(b)(i): knowingly, with or without a license, solemnizes the marriage of an individual who is younger than 18 years old and the marriage is prohibited by law;
Utah Code Annotated § 81-2-304(4)(b)(ii): without a written authorization from the juvenile court, solemnizes a marriage to which a party is a minor;
Utah Code Annotated § 81-2-304(4)(b)(iii): impersonates a parent or legal guardian of a minor to obtain a license for the minor to marry; or
Utah Code Annotated § 81-2-304(4)(b)(iv): forges the name of a parent or legal guardian of a minor on any writing purporting to give consent to a marriage of a minor.


Utah Code Annotated § 81-2-305 Who may solemnize marriages -- Certificate.
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Utah Code Annotated § 81-2-305(1): 17-20-4 The following individuals may solemnize a marriage:
Utah Code Annotated § 81-2-305(1)(a): an individual 18 years old or older who is authorized by a religious denomination to solemnize a marriage;
Utah Code Annotated § 81-2-305(1)(b): a Native American spiritual advisor;
Utah Code Annotated § 81-2-305(1)(c): the governor;
Utah Code Annotated § 81-2-305(1)(d): the lieutenant governor;
Utah Code Annotated § 81-2-305(1)(e): the state attorney general;
Utah Code Annotated § 81-2-305(1)(f): the state treasurer;
Utah Code Annotated § 81-2-305(1)(g): the state auditor;
Utah Code Annotated § 81-2-305(1)(h): a mayor of a municipality or county executive;
Utah Code Annotated § 81-2-305(1)(i): a justice, judge, or commissioner of a court of record;
Utah Code Annotated § 81-2-305(1)(j): a judge of a court not of record of the state;
Utah Code Annotated § 81-2-305(1)(k): a judge or magistrate of the United States;
Utah Code Annotated § 81-2-305(1)(l): 17-20-4 the county clerk of any county in the state or the county clerk's designee as authorized by Section
Utah Code Annotated § 81-2-305(1)(m): a senator or representative of the Utah Legislature;
Utah Code Annotated § 81-2-305(1)(nn): a member of the state's congressional delegation; or
Utah Code Annotated § 81-2-305(1)(oo): a judge or magistrate who holds office in Utah when retired, under rules set by the Supreme Court.
Utah Code Annotated § 81-2-305(2): An individual authorized under Subsection (1) who solemnizes a marriage shall give to the couple married a certificate of marriage that shows the:
Utah Code Annotated § 81-2-305(2)(a): name of the county from which the license is issued; and
Utah Code Annotated § 81-2-305(2)(b): date of the license's issuance.
Utah Code Annotated § 81-2-305(3): Except for an individual described in Subsection (1)(l), an individual described in Subsection (1) has discretion to solemnize a marriage.
Utah Code Annotated § 81-2-305(4): 17-20-4 Except as provided in Section
Utah Code Annotated § 81-2-305(5): 
Utah Code Annotated § 81-2-305(5)(a): Within 30 days after the day on which a marriage is solemnized, the individual solemnizing the marriage shall return the marriage license to the county clerk that issued the marriage license with a certificate of the marriage over the individual's signature stating the date and place of solemnization and the names of two or more witnesses present at the marriage.
Utah Code Annotated § 81-2-305(5)(b): An individual described in Subsection (5)(a) who fails to return the license is guilty of an infraction.
Utah Code Annotated § 81-2-305(5)(c): An individual described in Subsection (5)(a) who knowingly or intentionally makes a false statement on a certificate of marriage is guilty of perjury and may be prosecuted and punished as provided in Title 76, Chapter 8, Part 5, Falsification in Official Matters.
Utah Code Annotated § 81-2-305(6): 
Utah Code Annotated § 81-2-305(6)(a): An individual is guilty of a third degree felony if the individual knowingly:
Utah Code Annotated § 81-2-305(6)(a)(i): solemnizes a marriage without a valid marriage license; or
Utah Code Annotated § 81-2-305(6)(a)(ii): solemnizes a marriage in violation of this section.
Utah Code Annotated § 81-2-305(6)(b): An individual is guilty of a class A misdemeanor if the individual knowingly, with or without a marriage license, solemnizes a marriage between two individuals who are 18 years old or older that is prohibited by law.


Utah Code Annotated § 81-2-306 County clerk to file license and certificate -- Designation as vital record.
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Utah Code Annotated § 81-2-306(1): 81-2-305
Utah Code Annotated § 81-2-306(1)(a): 81-2-305 The county clerk shall:
Utah Code Annotated § 81-2-306(1)(a)(i): 81-2-305 file and preserve the marriage license returned by an individual under Subsection
Utah Code Annotated § 81-2-306(1)(a)(ii): record the marriage license and certificate in a book kept for that purpose or by electronic means.
Utah Code Annotated § 81-2-306(1)(b): The record shall be properly indexed in the names of the parties so married.
Utah Code Annotated § 81-2-306(2): 26B-8-103 An individual may use a diacritical mark, as defined in Section
Utah Code Annotated § 81-2-306(3): A transcript shall be promptly certified and transmitted by the clerk to the state registrar of vital statistics.
Utah Code Annotated § 81-2-306(4): 26B-8-101; 26B-8-125 The marriage license and the certificate of the individual officiating at the marriage are:
Utah Code Annotated § 81-2-306(4)(a): 26B-8-101 vital records as defined in Section
Utah Code Annotated § 81-2-306(4)(b): 26B-8-125 subject to the inspection requirements described in Section


Utah Code Annotated § 81-2-401 Definitions for part.
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Reserved.

Utah Code Annotated § 81-2-402 Incestuous marriages void.
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Utah Code Annotated § 81-2-402(1): The following marriages are incestuous and void from the beginning, regardless of whether the relationship is legally recognized:
Utah Code Annotated § 81-2-402(1)(a): a marriage between a parent and a child;
Utah Code Annotated § 81-2-402(1)(b): a marriage between an ancestor and a descendant of any degree;
Utah Code Annotated § 81-2-402(1)(c): a marriage between siblings of the half or whole blood;
Utah Code Annotated § 81-2-402(1)(d): a marriage between an uncle and a niece or nephew;
Utah Code Annotated § 81-2-402(1)(e): a marriage between an aunt and a niece or nephew;
Utah Code Annotated § 81-2-402(1)(f): except as provided in Subsection (2), a marriage between first cousins; or
Utah Code Annotated § 81-2-402(1)(g): except as provided in Subsection (2), a marriage between individuals related to each other within and not including the fifth degree of consanguinity computed according to the rules of the civil law.
Utah Code Annotated § 81-2-402(2): First cousins may marry under the following circumstances:
Utah Code Annotated § 81-2-402(2)(a): both parties are 65 years old or older; or
Utah Code Annotated § 81-2-402(2)(b): if both parties are 55 years old or older, upon a finding by the district court, located in the district in which either party resides, that either party is unable to reproduce.


Utah Code Annotated § 81-2-403 Marriages prohibited and void.
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Utah Code Annotated § 81-2-403(1): The following marriages are prohibited and declared void:
Utah Code Annotated § 81-2-403(1)(a): when there is a spouse living from whom the individual marrying has not been divorced;
Utah Code Annotated § 81-2-403(1)(b): except as provided in Subsection (2), the individual marrying is under 18 years old; or
Utah Code Annotated § 81-2-403(1)(c): between a divorced individual and any individual other than the one from whom the divorce was secured until:
Utah Code Annotated § 81-2-403(1)(c)(i): the divorce decree becomes absolute; and
Utah Code Annotated § 81-2-403(1)(c)(ii): if an appeal is taken, until after the affirmance of the divorce decree.
Utah Code Annotated § 81-2-403(2): 81-2-304 A marriage of an individual under 18 years old is not void if the individual:
Utah Code Annotated § 81-2-403(2)(a): 81-2-304 is 16 or 17 years old and obtains consent from a parent or guardian and juvenile court authorization in accordance with Section
Utah Code Annotated § 81-2-403(2)(b): lawfully marries before May 14, 2019.


Utah Code Annotated § 81-2-404 Validation of a marriage to an individual subject to chronic epileptic fits who had not been sterilized.
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A marriage between two individuals that was not valid or legal before May 14, 1963, on the basis that a party was subject to chronic epileptic fits and had not been sterilized is considered valid and legal in this state.

Utah Code Annotated § 81-2-405 Recognition and validation of a marriage regardless of the race, ethnicity, or national origin of the parties.
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Utah Code Annotated § 81-2-405(1): As used in this section:
Utah Code Annotated § 81-2-405(1)(a): "Eligible couple" means two individuals that may legally marry each other in this state.
Utah Code Annotated § 81-2-405(1)(b): "Specified characteristic" means the race, ethnicity, or national origin of a party to the marriage.
Utah Code Annotated § 81-2-405(2): Regardless of the date of the marriage, a marriage between two individuals may not be deemed invalid or prohibited because of a specified characteristic.
Utah Code Annotated § 81-2-405(3): The office of a county clerk may not refuse to issue a marriage license to an eligible couple because of a specified characteristic.
Utah Code Annotated § 81-2-405(4): 17-20-4; 30-1-6
Utah Code Annotated § 81-2-405(4)(a): The office of a county clerk may not refuse to solemnize the marriage of an eligible couple because of a specified characteristic.
Utah Code Annotated § 81-2-405(4)(b): 17-20-4; 30-1-6 Subsection (4)(a) does not prevent a county clerk from delegating or deputizing another individual to solemnize a marriage in accordance with Subsections


Utah Code Annotated § 81-2-406 Validation of a marriage to an individual with acquired immune deficiency syndrome or other sexually transmitted disease.
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A marriage between two individuals that was not valid or legal before October 21, 1993, on the basis that a party was afflicted with acquired immune deficiency syndrome, syphilis, or gonorrhea, is considered valid and legal in this state.

Utah Code Annotated § 81-2-407 Validity of a foreign marriage -- Exceptions.
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A marriage solemnized in any other country, state, or territory, if valid where solemnized, is valid in this state, unless:Utah Code Annotated § 81-2-407(1): 81-2-403 the marriage would be prohibited and declared void in this state under Subsection
Utah Code Annotated § 81-2-407(2): 81-2-402 the marriage is between parties who are related to each other within and including three degrees of consanguinity, except as provided in Subsection


Utah Code Annotated § 81-2-408 Validity of marriage not solemnized or solemnized before an unauthorized individual.
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Utah Code Annotated § 81-2-408(1): A marriage that is not solemnized according to this chapter is legal and valid if a court or administrative order establishes that the marriage arises out of a contract between two individuals who:
Utah Code Annotated § 81-2-408(1)(a): are of legal age and capable of giving consent;
Utah Code Annotated § 81-2-408(1)(b): are legally capable of entering a solemnized marriage under the provisions of this chapter;
Utah Code Annotated § 81-2-408(1)(c): have cohabited;
Utah Code Annotated § 81-2-408(1)(d): mutually assume marital rights, duties, and obligations; and
Utah Code Annotated § 81-2-408(1)(e): who hold themselves out as and have acquired a uniform and general reputation as spouses.
Utah Code Annotated § 81-2-408(2): 
Utah Code Annotated § 81-2-408(2)(a): A petition for an unsolemnized marriage shall be filed during the relationship described in Subsection (1), or within one year following the termination of that relationship.
Utah Code Annotated § 81-2-408(2)(b): Evidence of a marriage recognizable under this section may be:
Utah Code Annotated § 81-2-408(2)(b)(i): manifested in any form; and
Utah Code Annotated § 81-2-408(2)(b)(ii): proved under the same general rules of evidence as facts in other cases.
Utah Code Annotated § 81-2-408(3): 81-2-403; 81-2-302
Utah Code Annotated § 81-2-408(3)(a): A marriage solemnized before an individual professing to have authority to perform marriages may not be invalidated for lack of authority if consummated in the belief of the parties or either party that the person had authority and that the parties have been lawfully married.
Utah Code Annotated § 81-2-408(3)(b): 81-2-403; 81-2-302 Except as otherwise explicitly provided by law, Subsection (3)(a) may not be construed to validate a marriage that:
Utah Code Annotated § 81-2-408(3)(b)(i): 81-2-403 is prohibited or void under Section
Utah Code Annotated § 81-2-408(3)(b)(ii): 81-2-302 fails to meet the requirements of Section


Utah Code Annotated § 81-2-409 Legal recognition of a child when marriage is void.
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When a marriage is void under Subsection

Utah Code Annotated - Title 81 - Chapter 3 - Rights and Obligations During Marriage
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Utah Code Annotated § 81-3-101 Definitions for part.
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Reserved.

Utah Code Annotated § 81-3-102 Married individual's right to contract, sue, and be sued.
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A married individual may contract, sue, or be sued, to the same extent and in the same manner as if the individual was unmarried.

Utah Code Annotated § 81-3-103 Conveyances between spouses.
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A conveyance, transfer, or lien executed by an individual, to or in favor of the individual's spouse is valid to the same extent as between other persons.

Utah Code Annotated § 81-3-104 Married individual's right to wages -- Actions for personal injury.
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Utah Code Annotated § 81-3-104(1): A married individual may:
Utah Code Annotated § 81-3-104(1)(a): receive the wages for the individual's personal labor as if unmarried;
Utah Code Annotated § 81-3-104(1)(b): maintain an action in the individual's own name and hold the same in the individual's own right as if unmarried; and
Utah Code Annotated § 81-3-104(1)(c): prosecute and defend all actions for the preservation and protection of the individual's rights and property as if unmarried.
Utah Code Annotated § 81-3-104(2): A husband does not have a right of recovery:
Utah Code Annotated § 81-3-104(2)(a): on account of personal injury or wrong to the husband's wife; or
Utah Code Annotated § 81-3-104(2)(b): for expenses connected with the personal injury or wrong to the husband's wife.
Utah Code Annotated § 81-3-104(3): 
Utah Code Annotated § 81-3-104(3)(a): A wife may recover against a third person for a personal injury or wrong to the wife as if unmarried.
Utah Code Annotated § 81-3-104(3)(b): A recovery shall include expenses of medical treatment and other expenses paid or assumed by the husband.


Utah Code Annotated § 81-3-105 Separate debts.
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Utah Code Annotated § 81-3-105(1): 81-3-109; 15-4-6.5; 15-4-6.7 A married individual is not personally liable for the separate debts, obligations, or liabilities of the individual's spouse that are:
Utah Code Annotated § 81-3-105(1)(a): contracted or incurred before marriage;
Utah Code Annotated § 81-3-105(1)(b): 81-3-109 contracted or incurred during marriage, except family expenses as provided in Section
Utah Code Annotated § 81-3-105(1)(c): contracted or incurred after divorce or an order for separate maintenance under Chapter 4, Dissolution of Marriage, except that the individual is personally liable for any support ordered by a court as described in Chapter 6, Child Support, or an administrative agency as described in Title 26B, Chapter 9, Recovery Services and Administration of Child Support; or
Utah Code Annotated § 81-3-105(1)(d): 15-4-6.5; 15-4-6.7 ordered by the court to be paid by the individual's spouse under Chapter 4, Dissolution of Marriage, and not in conflict with Section
Utah Code Annotated § 81-3-105(2): A creditor of a married individual may not reach the wages, earnings, property, rents, or other income of the individual's spouse to satisfy a debt, obligation, or liability of the individual under Subsection (1).


Utah Code Annotated § 81-3-106 Actions based on property rights.
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If a married individual obtains possession or control of property belonging to the individual's spouse before or after marriage, the owner of the property may maintain an action therefor, or for any right growing out of the same, in the same manner and to the same extent as if the individual was unmarried.

Utah Code Annotated § 81-3-107 Liability for spouse's torts.
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Utah Code Annotated § 81-3-107(1): If a married individual is held liable in a civil action, the plaintiff may recover damages from the individual alone.
Utah Code Annotated § 81-3-107(2): The spouse of the individual described in Subsection (1) may not be held liable in the civil action, except in an action where the spouse would be jointly liable with the individual if the marriage did not exist.


Utah Code Annotated § 81-3-108 Agency between spouses.
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A married individual may:Utah Code Annotated § 81-3-108(1): constitute the attorney in fact to control and dispose of the property of the individual's spouse for the mutual benefit of the individual and the individual's spouse or otherwise; and
Utah Code Annotated § 81-3-108(2): revoke the appointment the same as other persons.


Utah Code Annotated § 81-3-109 Family expenses -- Joint and several liability.
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Utah Code Annotated § 81-3-109(1): As used in this section:
Utah Code Annotated § 81-3-109(1)(a): "Family expenses" means expenses incurred that benefit and promote the family unit.
Utah Code Annotated § 81-3-109(1)(b): "Family expenses" do not include items purchased in accordance with a written contract or agreement during the marriage that do not relate to the expenses described in Subsection (1)(a).
Utah Code Annotated § 81-3-109(2): 
Utah Code Annotated § 81-3-109(2)(a): A married individual, and the married individual's property, is chargeable for family expenses and expenses for the education of a minor child.
Utah Code Annotated § 81-3-109(2)(b): A married individual may be sued separately or jointly with the individual's spouse for the expenses described in Subsection (2)(a).
Utah Code Annotated § 81-3-109(3): For the expenses described in Subsection (2), where there is a written agreement signed by a spouse that allows for the recovery of agreed upon amounts, a creditor or an assignee or successor in interest of the creditor is entitled to recover the contractually allowed amounts against both spouses, jointly and severally.
Utah Code Annotated § 81-3-109(4): Subsection (3) applies to all contracts and agreements under this section entered into by a spouse during the time the parties are married and living together.
Utah Code Annotated § 81-3-109(5): The provisions of Subsections (3) and (4) do not create a right to attorney's fees or collection fees as to the nonsigning spouse for purchases of:
Utah Code Annotated § 81-3-109(5)(a): food or clothing; or
Utah Code Annotated § 81-3-109(5)(b): home improvements or repairs over $5,000.


Utah Code Annotated § 81-3-110 Homestead rights -- Custody of a minor child.
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Utah Code Annotated § 81-3-110(1): A married individual may not remove the individual's spouse or minor child from the homestead without the consent of the individual's spouse, unless the owner of the property shall in good faith provide another homestead suitable to the condition in life of the family.
Utah Code Annotated § 81-3-110(2): If a married individual abandons the individual's spouse, the individual's spouse is entitled to the custody of a minor child, unless a court with jurisdiction orders otherwise.


Utah Code Annotated § 81-3-111 Action for consortium due to personal injury.
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Utah Code Annotated § 81-3-111(1): As used in this section:
Utah Code Annotated § 81-3-111(1)(a): "Injury" or "injured" means a significant permanent injury to an individual that substantially changes that individual's lifestyle , including:
Utah Code Annotated § 81-3-111(1)(a)(i): a partial or complete paralysis of one or more of the extremities;
Utah Code Annotated § 81-3-111(1)(a)(ii): significant disfigurement; or
Utah Code Annotated § 81-3-111(1)(a)(iii): incapability of the individual of performing the types of jobs the individual performed before the injury.
Utah Code Annotated § 81-3-111(1)(b): "Spouse" means the legal relationship:
Utah Code Annotated § 81-3-111(1)(b)(i): established between two individuals as recognized by the laws of this state; and
Utah Code Annotated § 81-3-111(1)(b)(ii): existing at the time of the person's injury.
Utah Code Annotated § 81-3-111(2): The spouse of an individual injured by a third party on or after May 4, 1997, may maintain an action against the third party to recover for loss of consortium.
Utah Code Annotated § 81-3-111(3): A claim for loss of consortium begins on the date of injury to the spouse.
Utah Code Annotated § 81-3-111(4): The statute of limitations applicable to the injured individual shall also apply to the spouse's claim of loss of consortium.
Utah Code Annotated § 81-3-111(5): A claim for the spouse's loss of consortium shall be:
Utah Code Annotated § 81-3-111(5)(a): made at the time the claim of the injured person is made and joinder of actions shall be compulsory; and
Utah Code Annotated § 81-3-111(5)(b): subject to the same defenses, limitations, immunities, and provisions applicable to the claims of the injured individual.
Utah Code Annotated § 81-3-111(6): The spouse's action for loss of consortium:
Utah Code Annotated § 81-3-111(6)(a): shall be derivative from the cause of action existing on behalf of the injured individual; and
Utah Code Annotated § 81-3-111(6)(b): may not exist in cases where the injured individual would not have a cause of action.
Utah Code Annotated § 81-3-111(7): 78B-5-817; 78B-5-823 Fault of the spouse of the injured individual, as well as fault of the injured individual, shall be compared with the fault of all other parties, pursuant to Sections
Utah Code Annotated § 81-3-111(8): 78B-3-410 Damages awarded for loss of consortium, when combined with any award to the injured individual for general damages, may not exceed any applicable statutory limit on noneconomic damages, including Section
Utah Code Annotated § 81-3-111(9): Damages awarded for loss of consortium which a governmental entity is required to pay, when combined with any award to the injured individual which a governmental entity is required to pay, may not exceed the liability limit for one individual in any one occurrence under Title 63G, Chapter 7, Governmental Immunity Act of Utah.


Utah Code Annotated § 81-3-201 Definitions for part.
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As used in this part:Utah Code Annotated § 81-3-201(1): "Premarital agreement" means an agreement between prospective spouses made in contemplation of marriage and to be effective upon marriage.
Utah Code Annotated § 81-3-201(2): "Property" means an interest, present or future, legal or equitable, vested or contingent, in real or personal property, including income and earnings.


Utah Code Annotated § 81-3-202 Writing -- Signature required.
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Utah Code Annotated § 81-3-202(1): A premarital agreement shall be in writing and signed by both parties.
Utah Code Annotated § 81-3-202(2): A premarital agreement is enforceable without consideration.


Utah Code Annotated § 81-3-203 Content.
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Utah Code Annotated § 81-3-203(1): Parties to a premarital agreement may contract with respect to:
Utah Code Annotated § 81-3-203(1)(a): the rights and obligations of each of the parties in any of the property of either or both of them whenever and wherever acquired or located;
Utah Code Annotated § 81-3-203(1)(b): the right to buy, sell, use, transfer, exchange, abandon, lease, consume, expend, assign, create a security interest in, mortgage, encumber, dispose of, or otherwise manage and control property;
Utah Code Annotated § 81-3-203(1)(c): the disposition of property upon separation, marital dissolution, death, or the occurrence or nonoccurrence of any other event;
Utah Code Annotated § 81-3-203(1)(d): the modification or elimination of spousal support;
Utah Code Annotated § 81-3-203(1)(e): the ownership rights in and disposition of the death benefit from a life insurance policy;
Utah Code Annotated § 81-3-203(1)(f): the choice of law governing the construction of the agreement, except that a court with jurisdiction may apply the law of the legal domicile of either party, if it is fair and equitable; and
Utah Code Annotated § 81-3-203(1)(g): any other matter, including their personal rights and obligations, not in violation of public policy or a statute imposing a criminal penalty.
Utah Code Annotated § 81-3-203(2): 81-6-101 The right of a child, as defined in Section


Utah Code Annotated § 81-3-204 Effect of marriage -- Amendment -- Revocation.
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Utah Code Annotated § 81-3-204(1): A premarital agreement becomes effective upon marriage.
Utah Code Annotated § 81-3-204(2): 
Utah Code Annotated § 81-3-204(2)(a): After marriage, a premarital agreement may be amended or revoked only by a written agreement signed by the parties.
Utah Code Annotated § 81-3-204(2)(b): The amended agreement or the revocation is enforceable without consideration.


Utah Code Annotated § 81-3-205 Enforcement.
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Utah Code Annotated § 81-3-205(1): A premarital agreement is not enforceable if the party against whom enforcement is sought proves that:
Utah Code Annotated § 81-3-205(1)(a): that party did not execute the agreement voluntarily; or
Utah Code Annotated § 81-3-205(1)(b): the agreement was fraudulent when the agreement was executed and, before execution of the agreement, that party:
Utah Code Annotated § 81-3-205(1)(b)(i): was not provided a reasonable disclosure of the property or financial obligations of the other party insofar as was possible;
Utah Code Annotated § 81-3-205(1)(b)(ii): did not voluntarily and expressly waive, in writing, any right to disclosure of the property or financial obligations of the other party beyond the disclosure provided; and
Utah Code Annotated § 81-3-205(1)(b)(iii): did not have, or reasonably could not have had, an adequate knowledge of the property or financial obligations of the other party.
Utah Code Annotated § 81-3-205(2): If a provision of a premarital agreement modifies or eliminates spousal support and that modification or elimination causes one party to the agreement to be eligible for support under a program of public assistance at the time of separation or marital dissolution, a court, notwithstanding the terms of the agreement, may require the other party to provide support to the extent necessary to avoid that eligibility.
Utah Code Annotated § 81-3-205(3): An issue of fraud of a premarital agreement shall be decided by the court as a matter of law.


Utah Code Annotated § 81-3-206 Enforcement -- Void marriage.
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If a marriage is determined to be void, an agreement that would otherwise have been a premarital agreement is enforceable only to the extent necessary to avoid an inequitable result.

Utah Code Annotated § 81-3-207 Limitations of actions.
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Any statute of limitations applicable to an action asserting a claim for relief under a premarital agreement is tolled during the marriage of the parties to the agreement.

Utah Code Annotated § 81-3-208 Application and construction.
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This part shall be applied and construed to effectuate the part's general purpose to make uniform the law with respect to the subject of this part among states enacting this uniform law.

Utah Code Annotated - Title 81 - Chapter 4 - Dissolution of Marriage
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Utah Code Annotated § 81-4-101 Definitions for chapter.
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As used in this chapter:Utah Code Annotated § 81-4-101(1): "Alimony" means financial support made to a spouse or former spouse for the support and maintenance of that spouse.
Utah Code Annotated § 81-4-101(2): 81-6-101 "Child support" means the same as that term is defined in Section


Utah Code Annotated § 81-4-102 Action for annulment or divorce as alternative relief.
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Nothing in this chapter shall be construed to prevent the filing of an action requesting an annulment or a divorce as alternative relief.

Utah Code Annotated § 81-4-103 Nunc pro tunc order by court.
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Upon a court's finding of good cause and giving of such notice as may be ordered, the court may enter an order nunc pro tunc in a matter relating to marriage, divorce, legal separation, or annulment of marriage.

Utah Code Annotated § 81-4-104 Temporary separation order.
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Utah Code Annotated § 81-4-104(1): 81-2-303(4)(a)(ii) An individual may file an action for a temporary separation order, without filing a petition for divorce, by filing a petition for temporary separation and motion for temporary orders if:
Utah Code Annotated § 81-4-104(1)(a): the individual is lawfully married to the individual from whom the separation is sought; and
Utah Code Annotated § 81-4-104(1)(b): 81-2-303(4)(a)(ii)
Utah Code Annotated § 81-4-104(1)(b)(i): both parties are residents of the state for at least 90 days before the day on which the action is filed; or
Utah Code Annotated § 81-4-104(1)(b)(ii): 81-2-303(4)(a)(ii) both parties to the marriage have consented to personal jurisdiction for divorce or annulment under Subsection
Utah Code Annotated § 81-4-104(2): The temporary orders are valid for one year after the day on which the hearing for the order is held or until one of the following occurs:
Utah Code Annotated § 81-4-104(2)(a): a petition for divorce is filed and consolidated with the petition for temporary separation; or
Utah Code Annotated § 81-4-104(2)(b): the case is dismissed.
Utah Code Annotated § 81-4-104(3): If a petition for divorce is filed and consolidated with the petition for temporary separation, orders entered in the temporary separation shall continue in the consolidated case.
Utah Code Annotated § 81-4-104(4): 81-4-105; 81-4-105
Utah Code Annotated § 81-4-104(4)(a): 81-4-105 If the parties to the temporary separation action have a minor child, the parties shall attend the divorce orientation course described in Section
Utah Code Annotated § 81-4-104(4)(a)(i): for the petitioner, within 60 days after the day on which the petition is filed; and
Utah Code Annotated § 81-4-104(4)(a)(ii): for the respondent, within 30 days after the day on which the respondent is served.
Utah Code Annotated § 81-4-104(4)(b): 81-4-105 If the parties to the temporary separation action do not have a minor child, the parties may choose to attend the divorce orientation course described in Section
Utah Code Annotated § 81-4-104(4)(c): The clerk of the court shall provide notice to a petitioner of the divorce orientation course requirement.
Utah Code Annotated § 81-4-104(4)(d): A petition shall include information regarding the divorce orientation course requirement when the petition is served on the respondent.
Utah Code Annotated § 81-4-104(5): For a party that is unable to pay the costs of the divorce orientation course, and before the court enters a decree of divorce in the action, the court shall:
Utah Code Annotated § 81-4-104(5)(a): make a final determination of indigency; and
Utah Code Annotated § 81-4-104(5)(b): order the party to pay the costs of the divorce orientation course if the court determines the party is not indigent.
Utah Code Annotated § 81-4-104(6): 
Utah Code Annotated § 81-4-104(6)(a): Except for a temporary restraining order under Rule 65A of the Utah Rules of Civil Procedure, a party may file, but the court may not hear, a motion for an order related to the temporary separation petition until the moving party completes the divorce orientation course.
Utah Code Annotated § 81-4-104(6)(b): It is an affirmative defense in a temporary separation action that a party has not completed the divorce orientation course and the action may not continue until a party has complied with the divorce orientation course.
Utah Code Annotated § 81-4-104(7): 
Utah Code Annotated § 81-4-104(7)(a): Notwithstanding Subsections (4) and (6)(b), the court may waive the requirement that the parties attend the divorce orientation course, on the court's own motion or on the motion of one of the parties, if the court determines course attendance and completion are not necessary, appropriate, feasible, or in the best interest of the parties.
Utah Code Annotated § 81-4-104(7)(b): If the requirement is waived, the court may permit the temporary separation action to proceed.
Utah Code Annotated § 81-4-104(8): The petitioner shall serve the petition for a temporary separation order in accordance with the Utah Rules of Civil Procedure.
Utah Code Annotated § 81-4-104(9): If a party files for divorce within one year after the day on which the petition for temporary separation is filed, the filing fee for a petition for temporary separation shall be credited towards the filing fee for a divorce.


Utah Code Annotated § 81-4-105 Mandatory orientation course for divorce or temporary separation actions.
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Utah Code Annotated § 81-4-105(1): 
Utah Code Annotated § 81-4-105(1)(a): There is established a mandatory divorce orientation course for all parties with minor children who file a petition for temporary separation or for a divorce.
Utah Code Annotated § 81-4-105(1)(b): A couple with no minor children is not required, but may choose to attend the course.
Utah Code Annotated § 81-4-105(2): The divorce orientation course shall be neutral, unbiased, and at least one hour in duration.
Utah Code Annotated § 81-4-105(3): The divorce orientation course shall educate the parties about the divorce process and reasonable alternatives, including instructing the parties on:
Utah Code Annotated § 81-4-105(3)(a): options available as alternatives to divorce;
Utah Code Annotated § 81-4-105(3)(b): resources available from courts and administrative agencies for resolving custody and support issues without filing for divorce;
Utah Code Annotated § 81-4-105(3)(c): resources available to improve or strengthen the marriage;
Utah Code Annotated § 81-4-105(3)(d): a discussion of the positive and negative consequences of divorce;
Utah Code Annotated § 81-4-105(3)(e): a discussion of the process of divorce;
Utah Code Annotated § 81-4-105(3)(f): options available for proceeding with a divorce, including:
Utah Code Annotated § 81-4-105(3)(f)(i): mediation;
Utah Code Annotated § 81-4-105(3)(f)(ii): collaborative law; and
Utah Code Annotated § 81-4-105(3)(f)(iii): litigation; and
Utah Code Annotated § 81-4-105(3)(g): a discussion of post-divorce resources.
Utah Code Annotated § 81-4-105(4): The divorce orientation course may be provided in conjunction with a mandatory parenting course required by Section 81-9-103.
Utah Code Annotated § 81-4-105(5): The Administrative Office of the Courts shall administer the divorce orientation course, in accordance with Title 63G, Chapter 6a, Utah Procurement Code, through private or public contracts and organize the program in each of Utah's judicial districts.
Utah Code Annotated § 81-4-105(6): The divorce orientation course may be through live instruction, video instruction, or through an online provider.
Utah Code Annotated § 81-4-105(7): 51-9-408; 78A-2-302; (7)(f)
Utah Code Annotated § 81-4-105(7)(a): A party shall pay the cost of the divorce orientation course to the independent contractor providing the course at the time and place of the course.
Utah Code Annotated § 81-4-105(7)(b): A party may not be charged more than $30 to participate in the divorce orientation course.
Utah Code Annotated § 81-4-105(7)(c): A petitioner may not be charged more than $15 to participate in the divorce orientation course if the petitioner attends a live instruction course within 30 days after the day on which the petitioner filed the action.
Utah Code Annotated § 81-4-105(7)(d): A respondent may not be charged more than $15 to participate in the divorce orientation course if the respondent attends a live instruction course within 30 days after the day on which the respondent is served with the action.
Utah Code Annotated § 81-4-105(7)(e): 51-9-408 A fee of $5 shall be collected, as part of the divorce orientation course fee paid by each participant, and deposited in the Children's Legal Defense Account described in Section
Utah Code Annotated § 81-4-105(7)(f): 78A-2-302 Each party who is unable to pay the costs of the course may attend the divorce orientation course, without payment, upon a prima facie showing of indigency as evidenced by an affidavit of indigency filed in the district court in accordance with Section
Utah Code Annotated § 81-4-105(7)(g): (7)(f) The Administrative Office of the Courts shall use appropriations from the Children's Legal Defense Account to reimburse an independent contractor for the costs of a party who is unable to pay for the divorce orientation course under Subsection
Utah Code Annotated § 81-4-105(8): The Online Court Assistance Program shall include instructions with the forms for divorce that inform the petitioner of the requirement of this section.
Utah Code Annotated § 81-4-105(9): A certificate of completion constitutes evidence to the court of  completion of the divorce orientation course by the parties.
Utah Code Annotated § 81-4-105(10): The Administrative Office of the Courts shall:
Utah Code Annotated § 81-4-105(10)(a): adopt a program to evaluate the effectiveness of the divorce orientation course described in this section; and
Utah Code Annotated § 81-4-105(10)(b): provide progress reports to the Judiciary Interim Committee if requested.


Utah Code Annotated § 81-4-201 Definitions for part.
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As used in this part:Utah Code Annotated § 81-4-201(1): "Petitioner" means an individual who brings a petition for separate maintenance.
Utah Code Annotated § 81-4-201(2): "Respondent" means the individual against whom a petition for separate maintenance is brought.


Utah Code Annotated § 81-4-202 Petition for separate maintenance -- Grounds.
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Utah Code Annotated § 81-4-202(1): A married individual may bring a petition seeking separate maintenance from the married individual's spouse if:
Utah Code Annotated § 81-4-202(1)(a): the married individual, or the married individual's spouse, is a resident of this state; and
Utah Code Annotated § 81-4-202(1)(b): the married individual's spouse:
Utah Code Annotated § 81-4-202(1)(b)(i): deserts the married individual without good and sufficient cause;
Utah Code Annotated § 81-4-202(1)(b)(ii): being of sufficient ability to provide support, neglects or refuses to properly provide for and suitably maintain the married individual;
Utah Code Annotated § 81-4-202(1)(b)(iii): has property within this state and deserts, neglects, or refuses to provide support to the married individual; or
Utah Code Annotated § 81-4-202(1)(b)(iv): lives separate and apart from the married individual without any fault to the married individual.
Utah Code Annotated § 81-4-202(2): If a petition is filed under Subsection (1), the court shall allot, assign, set apart, and decree as alimony the use of the real and personal estate or earnings of the respondent as the court may determine is appropriate.
Utah Code Annotated § 81-4-202(3): 81-1-203 During the pendency of the action, the court may require the respondent to pay a sum as provided in Section


Utah Code Annotated § 81-4-203 Venue -- Procedure.
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Utah Code Annotated § 81-4-203(1): Notwithstanding Title 78B, Chapter 3a, Venue for Civil Actions, a petitioner shall bring an action under this part in any county in which the petitioner or respondent is found.
Utah Code Annotated § 81-4-203(2): An action under this part shall proceed in accordance with the Utah Rules of Civil Procedure.


Utah Code Annotated § 81-4-204 Custody and maintenance of children -- Property and debt division -- Support payments.
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Utah Code Annotated § 81-4-204(1): 15-4-6.5; 15-4-6.5 In an action under this part, the court may by order or decree:
Utah Code Annotated § 81-4-204(1)(a): provide for the care, custody, and maintenance of a minor child of the parties ;
Utah Code Annotated § 81-4-204(1)(b): 
Utah Code Annotated § 81-4-204(1)(b)(i): provide for support of a spouse and the support of a minor child remaining with that spouse;
Utah Code Annotated § 81-4-204(1)(b)(ii): provide how and when support payments are made; and
Utah Code Annotated § 81-4-204(1)(b)(iii): provide that a spouse have a lien upon the property of the other spouse to secure payment of the support or maintenance obligation;
Utah Code Annotated § 81-4-204(1)(c): award to a spouse the possession of any real or personal property of the other spouse or acquired by the spouses during the marriage;
Utah Code Annotated § 81-4-204(1)(d): 15-4-6.5 specify which party is responsible for the payment of joint debts, obligations, or liabilities of the parties contracted or incurred during marriage in accordance with Section
Utah Code Annotated § 81-4-204(1)(e): 15-4-6.5 require the parties to notify respective creditors or obligees regarding the court's division of debts, obligations, or liabilities and regarding the parties' separate and current addresses in accordance with Section
Utah Code Annotated § 81-4-204(1)(f): provide for the enforcement of the orders described in Subsections (1)(a) and (e).
Utah Code Annotated § 81-4-204(2): A court may enforce an order or decree under this section:
Utah Code Annotated § 81-4-204(2)(a): by sale of any property of the spouse;
Utah Code Annotated § 81-4-204(2)(b): by contempt proceedings; or
Utah Code Annotated § 81-4-204(2)(c): as is otherwise necessary.
Utah Code Annotated § 81-4-204(3): The court may:
Utah Code Annotated § 81-4-204(3)(a): change the support or maintenance of a party from time to time according to circumstances; or
Utah Code Annotated § 81-4-204(3)(b): terminate altogether any obligation upon satisfactory proof of voluntary and permanent reconciliation.
Utah Code Annotated § 81-4-204(4): An order or decree of support or maintenance described in this part is valid only during the joint lives of the parties.


Utah Code Annotated § 81-4-205 Restraining disposal of property.
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Utah Code Annotated § 81-4-205(1): 81-4-202 At the time of the filing of a petition described in Section
Utah Code Annotated § 81-4-205(2): The party shall describe the real estate with reasonable certainty in a filing described in Subsection (1).
Utah Code Annotated § 81-4-205(3): From the time in which a party receives a court order described in Subsection (1), the party has a lien in favor of the party to the extent of any judgment that is rendered in an action under this part.


Utah Code Annotated § 81-4-206 Rights and remedies -- Imprisonment of spouse.
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If a party to an action for separate maintenance is imprisoned in the state prison for a sentence of one year or more and a suitable provision of support has not been made for the other party, the rights and remedies of this part shall be extended to the party that is not imprisoned.

Utah Code Annotated § 81-4-301 Definitions for part.
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As used in this part:Utah Code Annotated § 81-4-301(1): "Petitioner" means an individual who brings a petition for an annulment.
Utah Code Annotated § 81-4-301(2): "Respondent" means the individual against whom a petition for an annulment is brought.


Utah Code Annotated § 81-4-302 Annulment -- Grounds.
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A court may annul a marriage for any of the following causes existing at the time of the marriage:Utah Code Annotated § 81-4-302(1): when the marriage is prohibited or void under Title 81, Chapter 2, Part 4, Validity of Marriage; or
Utah Code Annotated § 81-4-302(2): upon grounds existing at common law.


Utah Code Annotated § 81-4-303 Petition for annulment -- Venue -- Judgment on validity of marriage.
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Utah Code Annotated § 81-4-303(1): 
Utah Code Annotated § 81-4-303(1)(a): When there is doubt as to the validity of a marriage, a party to the marriage may bring a petition for annulment to demand avoidance or affirmance of the marriage.
Utah Code Annotated § 81-4-303(1)(b): If one of the parties was under 18 years old at the time of the marriage, the other party, being of proper age at the time of the marriage, may not bring a petition for annulment against the party who was under 18 years old.
Utah Code Annotated § 81-4-303(2): A petitioner may bring a petition for annulment in any county where the petitioner or respondent is domiciled.
Utah Code Annotated § 81-4-303(3): 
Utah Code Annotated § 81-4-303(3)(a): If a petition for annulment is filed upon the ground that one or both of the parties were prohibited from marriage because of the age of the parties, the court may refuse to grant the annulment if the court finds that it is in the best interest of the parties, or a child of the parties, to refuse the annulment.
Utah Code Annotated § 81-4-303(3)(b): The refusal to annul under Subsection (3)(a) makes the marriage valid and subsisting for all purposes.
Utah Code Annotated § 81-4-303(4): 81-6-101 If the parties have accumulated any property or acquired any obligations subsequent to the marriage, if there is a genuine need arising from an economic change of circumstances due to the marriage, or if there is a child born or expected, the court may make temporary and final orders, and subsequently modify the orders, as may be equitable, in regards to:
Utah Code Annotated § 81-4-303(4)(a): the property and obligations of the parties;
Utah Code Annotated § 81-4-303(4)(b): 81-6-101 the support and maintenance of the parties and a child, as defined in Section
Utah Code Annotated § 81-4-303(4)(c): the custody and parent-time for a minor child of the parties.
Utah Code Annotated § 81-4-303(5): A judgment in an action under this part:
Utah Code Annotated § 81-4-303(5)(a): shall declare the marriage valid or annulled; and
Utah Code Annotated § 81-4-303(5)(b): is conclusive upon all persons concerned with the marriage.


Utah Code Annotated § 81-4-401 Definitions for part.
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As used in this part:Utah Code Annotated § 81-4-401(1): 81-4-501 "Cohabitation" means the same as the term, "cohabit," is defined in Section
Utah Code Annotated § 81-4-401(2): 81-4-105; 81-9-103 "Mandatory courses" means:
Utah Code Annotated § 81-4-401(2)(a): 81-4-105 the mandatory divorce orientation course described in Section
Utah Code Annotated § 81-4-401(2)(b): 81-9-103 the mandatory parenting course described in Section
Utah Code Annotated § 81-4-401(3): "Petitioner" means the individual who brings a petition for divorce.
Utah Code Annotated § 81-4-401(4): "Respondent" means the individual against whom a petition for divorce is brought.


Utah Code Annotated § 81-4-402 Petition for divorce -- Divorce proceedings -- Temporary orders.
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Utah Code Annotated § 81-4-402(1): 81-2-303(4)(a)(ii) An individual may bring a petition for divorce if:
Utah Code Annotated § 81-4-402(1)(a): the individual or the individual's spouse is an actual and bona fide resident of the county where the petition is filed for at least 90 days before the day on which the petition is filed;
Utah Code Annotated § 81-4-402(1)(b): the individual is a member of the armed forces of the United States and the individual is stationed under military orders in this state for at least 90 days before the day on which the petition is filed; or
Utah Code Annotated § 81-4-402(1)(c): 81-2-303(4)(a)(ii) both parties to the marriage have consented to personal jurisdiction for divorce or annulment under Subsection
Utah Code Annotated § 81-4-402(2): A divorce action shall be commenced and conducted in accordance with this chapter and the Utah Rules of Civil Procedure.
Utah Code Annotated § 81-4-402(3): 
Utah Code Annotated § 81-4-402(3)(a): The court may not enter a decree of divorce until 30 days after the day on which the petition is filed, unless the court finds that extraordinary circumstances exist.
Utah Code Annotated § 81-4-402(3)(b): The court may make interim orders as the court considers just and equitable before the expiration of the 30-day period described in Subsection (3)(a).
Utah Code Annotated § 81-4-402(4): 81-4-105
Utah Code Annotated § 81-4-402(4)(a): If the parties to the divorce action have a minor child, the parties shall attend the mandatory courses:
Utah Code Annotated § 81-4-402(4)(a)(i): for the petitioner, within 60 days after the day on which the petition is filed; and
Utah Code Annotated § 81-4-402(4)(a)(ii): for the respondent, within 30 days after the day on which the respondent is served.
Utah Code Annotated § 81-4-402(4)(b): 81-4-105 If the parties to a divorce action do not have a minor child, the parties may choose to attend the mandatory divorce orientation course described in Section
Utah Code Annotated § 81-4-402(4)(c): The clerk of the court shall provide notice to a petitioner of the requirement for the mandatory courses.
Utah Code Annotated § 81-4-402(4)(d): A petition shall include information regarding the mandatory courses when the petition is served on the respondent.
Utah Code Annotated § 81-4-402(5): For a party that is unable to pay the costs of the mandatory courses, and before the court enters a decree of divorce in the action, the court shall:
Utah Code Annotated § 81-4-402(5)(a): make a final determination of indigency; and
Utah Code Annotated § 81-4-402(5)(b): order the party to pay the costs of the mandatory courses if the court determines the party is not indigent.
Utah Code Annotated § 81-4-402(6): 
Utah Code Annotated § 81-4-402(6)(a): Except for a temporary restraining order under Rule 65A of the Utah Rules of Civil Procedure, a party may file, but the court may not hear, a motion for an order related to the divorce until the moving party completes the mandatory courses.
Utah Code Annotated § 81-4-402(6)(b): It is an affirmative defense in a divorce action that a party has not completed the mandatory courses and the action may not continue until a party has complied with the mandatory courses.
Utah Code Annotated § 81-4-402(7): (4)
Utah Code Annotated § 81-4-402(7)(a): (4) Notwithstanding Subsections
Utah Code Annotated § 81-4-402(7)(b): If the requirement is waived, the court may permit the divorce action to proceed.
Utah Code Annotated § 81-4-402(8): The use of counseling, mediation, and education services provided under this part may not be construed as condoning or promoting divorce.


Utah Code Annotated § 81-4-403 Mediation requirement.
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Utah Code Annotated § 81-4-403(1): There is established a mandatory domestic mediation program to help reduce the time and tensions associated with obtaining a divorce.
Utah Code Annotated § 81-4-403(2): 
Utah Code Annotated § 81-4-403(2)(a): If there are any remaining contested issues after the filing of a response to a petition for divorce, the parties shall participate in good faith in at least one session of mediation.
Utah Code Annotated § 81-4-403(2)(b): The requirement described in Subsection (2)(a) does not preclude the entry of pretrial orders before mediation takes place.
Utah Code Annotated § 81-4-403(3): 78B-6-205 The parties shall use a mediator qualified to mediate domestic disputes under criteria established by the Judicial Council in accordance with Section
Utah Code Annotated § 81-4-403(4): Unless otherwise ordered by the court or the parties agree upon a different payment arrangement, the cost of mediation shall be divided equally between the parties.
Utah Code Annotated § 81-4-403(5): The director of dispute resolution programs for the courts, the court, or the mediator may excuse either party from the requirement to mediate for good cause.
Utah Code Annotated § 81-4-403(6): A mediation described in this section shall be conducted in accordance with the Utah Rules of Court-Annexed Alternative Dispute Resolution.


Utah Code Annotated § 81-4-404 Allegations of child abuse or child sexual abuse in a divorce proceeding -- Investigation.
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Utah Code Annotated § 81-4-404(1): When an allegation of child abuse or child sexual abuse is made in a divorce proceeding, or a request for modification of a divorce decree, that implicates a party, the court, after making an inquiry, may order that an investigation be conducted by the Division of Child and Family Services in accordance with Title 80, Chapter 2, Child Welfare Services, and Title 80, Chapter 2a, Removal and Protective Custody of a Child.
Utah Code Annotated § 81-4-404(2): 80-2-1005 A final award of custody or parent-time may not be rendered until a report on that investigation, consistent with Section
Utah Code Annotated § 81-4-404(3): The Division of Child and Family Services shall conduct an investigation described in Subsection (1) within 30 days of the court's notice and request for an investigation.
Utah Code Annotated § 81-4-404(4): 78A-2-703; 78A-2-705; 78B-15-612 In reviewing a report described in Subsection (2), the court shall comply with Sections


Utah Code Annotated § 81-4-405 Grounds for divorce.
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Utah Code Annotated § 81-4-405(1): A court may order the dissolution of a marriage contract between the petitioner and the respondent on the grounds of:
Utah Code Annotated § 81-4-405(1)(a): impotency of the respondent at the time of marriage;
Utah Code Annotated § 81-4-405(1)(b): adultery committed by the respondent subsequent to marriage;
Utah Code Annotated § 81-4-405(1)(c): willful desertion of the petitioner by the respondent for more than one year;
Utah Code Annotated § 81-4-405(1)(d): willful neglect of the respondent to provide for the petitioner the common necessaries of life;
Utah Code Annotated § 81-4-405(1)(e): habitual drunkenness of the respondent;
Utah Code Annotated § 81-4-405(1)(f): conviction of the respondent for a felony;
Utah Code Annotated § 81-4-405(1)(g): cruel treatment of the petitioner by the respondent to the extent of causing bodily injury or great mental distress to the petitioner;
Utah Code Annotated § 81-4-405(1)(h): irreconcilable differences of the marriage;
Utah Code Annotated § 81-4-405(1)(i): incurable insanity; or
Utah Code Annotated § 81-4-405(1)(j): when the petitioner and respondent have lived separately under a decree of separate maintenance of any state for three consecutive years without cohabitation.
Utah Code Annotated § 81-4-405(2): A decree of divorce granted under Subsection (1)(j) does not affect the liability of either party under any provision for separate maintenance previously granted.
Utah Code Annotated § 81-4-405(3): 
Utah Code Annotated § 81-4-405(3)(a): A court may not order the dissolution of a marriage contract between the petitioner and the respondent on the grounds of insanity unless:
Utah Code Annotated § 81-4-405(3)(a)(i): the respondent has been adjudged insane by the appropriate authorities of this or another state prior to the commencement of the action; and
Utah Code Annotated § 81-4-405(3)(a)(ii): the court finds by the testimony of competent witnesses that the insanity of the respondent is incurable.
Utah Code Annotated § 81-4-405(3)(b): The court shall appoint for the respondent a guardian ad litem who shall protect the interests of the respondent.
Utah Code Annotated § 81-4-405(3)(c): A copy of the summons and petition shall be served on:
Utah Code Annotated § 81-4-405(3)(c)(i): the respondent in person or by publication, as provided by the laws of this state in other actions for divorce, or upon the respondent's guardian ad litem; and
Utah Code Annotated § 81-4-405(3)(c)(ii): the county attorney for the county where the action is prosecuted.
Utah Code Annotated § 81-4-405(3)(d): The county attorney shall:
Utah Code Annotated § 81-4-405(3)(d)(i): investigate the merits of the case;
Utah Code Annotated § 81-4-405(3)(d)(ii): if the respondent resides out of this state, take depositions as necessary;
Utah Code Annotated § 81-4-405(3)(d)(iii): attend the proceedings; and
Utah Code Annotated § 81-4-405(3)(d)(iv): make a defense as is just to protect the rights of the respondent and the interests of the state.
Utah Code Annotated § 81-4-405(3)(e): The petitioner or respondent may:
Utah Code Annotated § 81-4-405(3)(e)(i): if the respondent resides in this state, upon notice, have the respondent brought into the court at trial; or
Utah Code Annotated § 81-4-405(3)(e)(ii): have an examination of the respondent by two or more competent physicians to determine the mental condition of the respondent.
Utah Code Annotated § 81-4-405(3)(f): For the purpose described in Subsection (3)(e), a party may have leave from the court to enter any asylum or institution where the respondent may be confined.
Utah Code Annotated § 81-4-405(3)(g): The court shall apportion the costs of court in this action.


Utah Code Annotated § 81-4-406 Decree of divorce -- When decree becomes absolute -- Remarriage -- Jurisdiction to modify a decree for a child born after the decree.
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Utah Code Annotated § 81-4-406(1): 
Utah Code Annotated § 81-4-406(1)(a): The court shall enter a decree of divorce upon the evidence or the petitioner's affidavit in the case of default as described in Subsection (1)(b).
Utah Code Annotated § 81-4-406(1)(b): A court may not grant a divorce upon default, unless there is evidence to support a decree of divorce upon an affidavit by the petitioner as provided by Rule 104 of the Utah Rules of Civil Procedure.
Utah Code Annotated § 81-4-406(2): 81-4-402; 81-4-105; 81-4-106 Unless the requirement is waived by the court under Subsection
Utah Code Annotated § 81-4-406(2)(a): 81-4-105; 81-4-106 both parties have attended the mandatory courses described in Sections
Utah Code Annotated § 81-4-406(2)(b): both parties have presented a certificate of course completion for each course to the court.
Utah Code Annotated § 81-4-406(3): 15-4-6.5; 15-4-6.5; 81-6-101 In a decree of divorce, the court shall:
Utah Code Annotated § 81-4-406(3)(a): 15-4-6.5 specify which party is responsible for the payment of joint debts, obligations, or liabilities of the parties contracted or incurred during marriage in accordance with Section
Utah Code Annotated § 81-4-406(3)(b): 15-4-6.5 require the parties to notify respective creditors or obligees, regarding the court's division of debts, obligations, or liabilities and regarding the parties' separate and current addresses in accordance with Section
Utah Code Annotated § 81-4-406(3)(c): provide for the enforcement of the orders described in Subsections (1)(a) and (b);
Utah Code Annotated § 81-4-406(3)(d): if a party owns a life insurance policy or an annuity contract, include an acknowledgment by the court that the party:
Utah Code Annotated § 81-4-406(3)(d)(i): has reviewed and updated, where appropriate, the list of beneficiaries;
Utah Code Annotated § 81-4-406(3)(d)(ii): has affirmed that those listed as beneficiaries are in fact the intended beneficiaries after the divorce becomes final; and
Utah Code Annotated § 81-4-406(3)(d)(iii): understands that, if no changes are made to the policy or contract, the beneficiaries currently listed will receive any funds paid by the insurance company under the terms of the policy or contract; and
Utah Code Annotated § 81-4-406(3)(e): 81-6-101 if the parties have a child as defined in Section
Utah Code Annotated § 81-4-406(4): The court may include in the divorce decree any equitable orders relating to:
Utah Code Annotated § 81-4-406(4)(a): the parties, including any alimony to be awarded to a party in accordance with Part 5, Spousal Support;
Utah Code Annotated § 81-4-406(4)(b): a child of the parties; and
Utah Code Annotated § 81-4-406(4)(c): any property, debts, or obligations.
Utah Code Annotated § 81-4-406(5): A decree of divorce becomes absolute:
Utah Code Annotated § 81-4-406(5)(a): on the date it is signed by the court and entered by the clerk in the register of actions;
Utah Code Annotated § 81-4-406(5)(b): at the expiration of a period of time the court may specifically designate, unless an appeal or other proceedings for review are pending;
Utah Code Annotated § 81-4-406(5)(c): if an appeal is taken, when the decree is affirmed; or
Utah Code Annotated § 81-4-406(5)(d): when the court, before the decree becomes absolute, for sufficient cause otherwise orders.
Utah Code Annotated § 81-4-406(6): The court, upon application or on the court's own motion for good cause shown, may waive, alter, or extend a designated period of time before the decree becomes absolute, but not to exceed six months from the signing and entry of the decree.
Utah Code Annotated § 81-4-406(7): A party to a divorce proceeding may not marry another individual other than the other party for whom the divorce was granted until the party's divorce becomes absolute.
Utah Code Annotated § 81-4-406(8): The court has jurisdiction to modify a decree of divorce to address child support, parent-time, and other matters related to a minor child born to the parties after the decree of divorce is entered.


Utah Code Annotated § 81-4-501 Definitions for part.
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Utah Code Annotated § 81-4-501(1): 81-6-101 "Child support guidelines" means the same as that term is defined in Section
Utah Code Annotated § 81-4-501(2): "Cohabit" means to live together, or to reside together on a regular basis, in the same residence and in a relationship of a romantic or sexual nature.
Utah Code Annotated § 81-4-501(3): "Fault" means any of the following wrongful conduct during the marriage that substantially contributed to the breakup of the marriage:
Utah Code Annotated § 81-4-501(3)(a): engaging in sexual relations with an individual other than the party's spouse;
Utah Code Annotated § 81-4-501(3)(b): knowingly and intentionally causing or attempting to cause physical harm to the other party or a minor child;
Utah Code Annotated § 81-4-501(3)(c): knowingly and intentionally causing the other party or a minor child to reasonably fear life-threatening harm; or
Utah Code Annotated § 81-4-501(3)(d): substantially undermining the financial stability of the other party or the minor child.
Utah Code Annotated § 81-4-501(4): "Length of the marriage" means, for purposes of alimony, the number of years from the day on which the parties are legally married to the day on which the petition for divorce is filed with the court.
Utah Code Annotated § 81-4-501(5): "Payee" means the party who is or would receive alimony from the other party.
Utah Code Annotated § 81-4-501(6): "Payor" means the party who is paying, or would pay, alimony to the other party.
Utah Code Annotated § 81-4-501(7): 81-1-203 "Temporary alimony" means money that the court orders a party to pay during the pendency of an action under this chapter for the support and maintenance of a party as described in Subsection


Utah Code Annotated § 81-4-502 Determination of alimony.
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Utah Code Annotated § 81-4-502(1): For a proceeding under Chapter 4, Dissolution of Marriage, or in a proceeding to modify alimony, the court shall consider at least the following factors in determining alimony:
Utah Code Annotated § 81-4-502(1)(a): the standard of living existing during the marriage, which factors shall include the following:
Utah Code Annotated § 81-4-502(1)(a)(i): income;
Utah Code Annotated § 81-4-502(1)(a)(ii): the approximate value of real and personal property; and
Utah Code Annotated § 81-4-502(1)(a)(iii): any other factor that the court determines to be appropriate to enable the court to make a determination of the standard of living existing during the marriage;
Utah Code Annotated § 81-4-502(1)(b): the financial condition and needs of the payee, provided that the payee may show financial needs by itemizing expenses present during the marriage rather than by itemizing post petition expenses;
Utah Code Annotated § 81-4-502(1)(c): the payee's earning capacity or ability to produce income, including the impact of diminished workplace experience resulting from primarily caring for a minor child of the payor;
Utah Code Annotated § 81-4-502(1)(d): the ability of the payor to provide support;
Utah Code Annotated § 81-4-502(1)(e): the length of the marriage;
Utah Code Annotated § 81-4-502(1)(f): whether the payee has custody of a minor child requiring support;
Utah Code Annotated § 81-4-502(1)(g): whether the payee worked in a business owned or operated by the payor; and
Utah Code Annotated § 81-4-502(1)(h): whether the payee directly contributed to any increase in the payor's skill by paying for education received by the payor or enabling the payor to attend school during the marriage.
Utah Code Annotated § 81-4-502(2): 
Utah Code Annotated § 81-4-502(2)(a): The court may consider the fault of the parties in determining whether to award alimony and the terms of the alimony.
Utah Code Annotated § 81-4-502(2)(b): The court may, when fault is at issue, close the proceedings and seal the court records.
Utah Code Annotated § 81-4-502(3): 
Utah Code Annotated § 81-4-502(3)(a): Except as otherwise provided by this section, the court shall consider the standard of living, existing at the time of separation, in determining alimony in accordance with this section.
Utah Code Annotated § 81-4-502(3)(b): In considering all relevant facts and principles, the court may, in the court's discretion, base alimony on the standard of living that existed at the time of trial.
Utah Code Annotated § 81-4-502(4): 
Utah Code Annotated § 81-4-502(4)(a): The court may attempt to equalize the parties' respective standards of living.
Utah Code Annotated § 81-4-502(4)(b): 
Utah Code Annotated § 81-4-502(4)(b)(i): If a marriage has been in effect for 10 years or more, and if the payee has significantly diminished workplace experience resulting from an agreement between the spouses that the payee reduce the payee's workplace experience to care for a minor child of the payor, it shall be the rebuttable presumption that the court equalize the parties' standard of living.
Utah Code Annotated § 81-4-502(4)(b)(ii): The presumption under Subsection (4)(b)(i) can be rebutted by a showing of good cause, and the court shall enter specific findings of fact as to the evidentiary basis for its determination.
Utah Code Annotated § 81-4-502(4)(c): This Subsection (4) may not be applied to or used as the basis to modify an alimony award if the petition for divorce was filed before May 1, 2024.
Utah Code Annotated § 81-4-502(5): 
Utah Code Annotated § 81-4-502(5)(a): If the marriage is short in duration and a minor child has not been conceived or born during the marriage, the court may consider the standard of living that existed at the time of the marriage.
Utah Code Annotated § 81-4-502(5)(b): In determining alimony when a marriage of short duration dissolves and a minor child has not been conceived or born during the marriage, the court may consider restoring each party to the condition which existed at the time of the marriage.
Utah Code Annotated § 81-4-502(6): 
Utah Code Annotated § 81-4-502(6)(a): When a marriage of long duration dissolves on the threshold of a major change in the income of one of the parties due to the collective efforts of both parties, the court shall consider the change when dividing the marital property and in determining the amount of alimony.
Utah Code Annotated § 81-4-502(6)(b): If a party's earning capacity has been greatly enhanced through the efforts of both parties during the marriage, the court may make a compensating adjustment in dividing the marital property and awarding alimony.
Utah Code Annotated § 81-4-502(7): 
Utah Code Annotated § 81-4-502(7)(a): Except as provided in Subsection (7)(c), the court may not order alimony for a period of time longer than the length of the marriage.
Utah Code Annotated § 81-4-502(7)(b): If a party is ordered to pay temporary alimony during the pendency of a divorce action, the court shall count the period of time that the party pays temporary alimony towards the period of time for which the party is ordered to pay alimony.
Utah Code Annotated § 81-4-502(7)(c): At any time before the termination of alimony, the court may find extenuating circumstances or good cause that justify the payment of alimony for a longer period of time than the length of the marriage.


Utah Code Annotated § 81-4-503 Imputed income for payee for alimony purposes -- No recent work history or disability.
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Utah Code Annotated § 81-4-503(1): Notwithstanding the provisions of Section 81-4-502 or 81-6-203, the court may, in determining imputation of income to a payee, apply the provisions of this section if the payee:
Utah Code Annotated § 81-4-503(1)(a): has diminished workplace experience, that resulted from an agreement between the spouses that the payee reduce the payee's workplace experience to care for a minor child of the payor; or
Utah Code Annotated § 81-4-503(1)(b): has been diagnosed with a disability that has caused a reduction in the payee's workplace experience.
Utah Code Annotated § 81-4-503(2): If a payee meets the requirements of Subsection (1)(a) or (b), the court:
Utah Code Annotated § 81-4-503(2)(a): may consider reasonable efforts made by the payee to improve the payee's employment situation and any reasonable barrier to obtaining or retaining employment; and
Utah Code Annotated § 81-4-503(2)(b): is not required to consider that the payee may be underemployed if the payee is employed and has shown reasonable barriers to improving the payee's employment.
Utah Code Annotated § 81-4-503(3): 
Utah Code Annotated § 81-4-503(3)(a): In making an income imputation under this section, the court may use relevant provisions of Section 81-6-203, provided that the provision is not contrary to the requirements of this section.
Utah Code Annotated § 81-4-503(3)(b): When considering what constitutes a reasonable barrier to obtaining or retaining employment, the court:
Utah Code Annotated § 81-4-503(3)(b)(i): may include in its analysis a determination of the length of time that is considered by the court to be recent as it relates to a payee's work history, training, or education under this section;
Utah Code Annotated § 81-4-503(3)(b)(ii): may consider whether the payee:
Utah Code Annotated § 81-4-503(3)(b)(ii)(A): is fully competitive against other employment applicants whose work history, training, or education is current; and
Utah Code Annotated § 81-4-503(3)(b)(ii)(B): in the case of a disability, is fully competitive against other employment applicants who do not have a disability; and
Utah Code Annotated § 81-4-503(3)(b)(iii): may impute any income as it relates to employment for which the spouse is fully competitive and has not shown any reasonable barriers to obtain.
Utah Code Annotated § 81-4-503(3)(c): If the court imputes any income to a payee who qualifies for income determination under this section, the court shall enter specific findings of fact as to the evidentiary basis for imputing the income.
Utah Code Annotated § 81-4-503(4): 
Utah Code Annotated § 81-4-503(4)(a): After a divorce decree has been entered, subject to the requirements of Section 81-4-504, the court may review an income imputation to a payee under this section.
Utah Code Annotated § 81-4-503(4)(b): A payee's showing that barriers have prevented significant improvement of the payee's employment situation, despite reasonable efforts on the part of the payee to improve the payee's employment situation, may, in the court's determination, constitute a substantial material change in circumstances and eligibility to review an income imputation under this section.


Utah Code Annotated § 81-4-504 Modification of alimony after divorce decree.
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Utah Code Annotated § 81-4-504(1): The court has continuing jurisdiction to make substantive changes and new orders regarding alimony based on a substantial material change in circumstances not expressly stated in the divorce decree or in the findings that the court entered at the time of the divorce decree.
Utah Code Annotated § 81-4-504(2): 
Utah Code Annotated § 81-4-504(2)(a): A party's retirement is a substantial material change in circumstances that is subject to a petition to modify alimony, unless the divorce decree, or the findings that the court entered at the time of the divorce decree, expressly states otherwise.
Utah Code Annotated § 81-4-504(2)(b): Subsection (2)(a) applies to a divorce decree regardless of the date on which the divorce decree was entered.
Utah Code Annotated § 81-4-504(3): The court may not modify alimony or issue a new order for alimony to address needs of the recipient that did not exist at the time the decree was entered, unless the court finds extenuating circumstances that justify that action.
Utah Code Annotated § 81-4-504(4): In modifying the amount of alimony, the court may not consider the income of any subsequent spouse of the payor, except that the court may consider:
Utah Code Annotated § 81-4-504(4)(a): the subsequent spouse's financial ability to share living expenses; or
Utah Code Annotated § 81-4-504(4)(b): the income of a subsequent spouse if the court finds that the payor's improper conduct justifies that consideration.


Utah Code Annotated § 81-4-505 Termination of alimony.
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Utah Code Annotated § 81-4-505(1): 
Utah Code Annotated § 81-4-505(1)(a): Except as provided in Subsection (1)(b), or unless a decree of divorce specifically provides otherwise, any order of the court that a payor pay alimony to a payee automatically terminates upon the remarriage or death of that payee.
Utah Code Annotated § 81-4-505(1)(b): If the remarriage of the payee is annulled and found to be void ab initio, the payment of alimony shall resume if the payor is made a party to the action of annulment and the payor's rights are determined.
Utah Code Annotated § 81-4-505(2): If a payor establishes that a payee cohabits with another individual during the pendency of the divorce action, the court:
Utah Code Annotated § 81-4-505(2)(a): may not order the payor to pay temporary alimony to the payee; and
Utah Code Annotated § 81-4-505(2)(b): shall terminate any order that the payor pay temporary alimony to the payee.
Utah Code Annotated § 81-4-505(3): 
Utah Code Annotated § 81-4-505(3)(a): Subject to Subsection (3)(b), the court shall terminate an order that a payor pay alimony to a payee if the payor establishes that, after the order for alimony is issued, the payee cohabits with another individual even if the payee is not cohabiting with the individual when the payor files the motion to terminate alimony.
Utah Code Annotated § 81-4-505(3)(b): A payor may not seek termination of alimony under Subsection (3)(a) later than one year after the day on which the payor knew or should have known that the payee has cohabited with another individual.


Utah Code Annotated - Title 81 - Chapter 5 - Uniform Parentage Act
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Utah Code Annotated § 81-5-101 Reserved.
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Reserved.

Utah Code Annotated - Title 81 - Chapter 6 - Child Support
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Utah Code Annotated § 81-6-101 Definitions for chapter.
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As used in this chapter:Utah Code Annotated § 81-6-101(1): "Administrative agency" means the Office of Recovery Services or the Department of Health and Human Services.
Utah Code Annotated § 81-6-101(2): 26B-9-201 "Administrative order" means the same as that term is defined in Section
Utah Code Annotated § 81-6-101(3): 81-4-101 "Alimony" means the same as that term is defined in Section
Utah Code Annotated § 81-6-101(4): "Base child support award" means the award that may be ordered and is calculated using the child support guidelines before additions for medical expenses and work-related child care costs.
Utah Code Annotated § 81-6-101(5): 81-6-204 "Base combined child support obligation" means the presumed amount of child support that the parents should provide for their child as described in Subsection
Utah Code Annotated § 81-6-101(6): 81-6-302; 81-6-304 "Base combined child support obligation table" means the appropriate table described in Sections
Utah Code Annotated § 81-6-101(7): "Child" means:
Utah Code Annotated § 81-6-101(7)(a): a son or daughter who is under 18 years old and who is not otherwise emancipated, self-supporting, married, or a member of the armed forces of the United States;
Utah Code Annotated § 81-6-101(7)(b): a son or daughter who is 18 years old or older while enrolled in high school during the normal and expected year of graduation and not otherwise emancipated, self-supporting, married, or a member of the armed forces of the United States; or
Utah Code Annotated § 81-6-101(7)(c): a son or daughter of any age who is incapacitated from earning a living and, if able to provide some financial resources to the family, is not able to support self by own means.
Utah Code Annotated § 81-6-101(8): 
Utah Code Annotated § 81-6-101(8)(a): "Child support" means a base child support award, or a monthly financial award for uninsured medical expenses, ordered by a tribunal for the support of a child.
Utah Code Annotated § 81-6-101(8)(b): "Child support" includes current periodic payments, arrearages that accrue under an order for current periodic payments, and sum certain judgments awarded for arrearages, medical expenses, and child care costs.
Utah Code Annotated § 81-6-101(9): "Child support guidelines" means the calculation and application of child support as described in Part 2, Calculation and Adjustment of Child Support.
Utah Code Annotated § 81-6-101(10): "Child support order" means a judgment, decree, or order issued by a tribunal whether temporary, final, or subject to modification, that:
Utah Code Annotated § 81-6-101(10)(a): establishes or modifies child support;
Utah Code Annotated § 81-6-101(10)(b): reduces child support arrearages to judgment; or
Utah Code Annotated § 81-6-101(10)(c): establishes child support or registers a child support order under Title 78B, Chapter 14, Utah Uniform Interstate Family Support Act.
Utah Code Annotated § 81-6-101(11): "Child support tables" means the tables described in Part 3, Child Support Tables.
Utah Code Annotated § 81-6-101(12): 26B-9-101 "Child support services" means the same as that term is defined in Section
Utah Code Annotated § 81-6-101(13): 81-6-203 "Gross income" means the amount of income calculated for a parent as described in Section
Utah Code Annotated § 81-6-101(14): "Health care coverage" means coverage under which medical services are provided to a child through:
Utah Code Annotated § 81-6-101(14)(a): fee for service;
Utah Code Annotated § 81-6-101(14)(b): a health maintenance organization;
Utah Code Annotated § 81-6-101(14)(c): a preferred provider organization;
Utah Code Annotated § 81-6-101(14)(d): any other type of private health insurance; or
Utah Code Annotated § 81-6-101(14)(e): public health care coverage.
Utah Code Annotated § 81-6-101(15): 
Utah Code Annotated § 81-6-101(15)(a): "Income" means earnings, compensation, or other payment due to an individual, regardless of source, whether denominated as wages, salary, commission, bonus, pay, allowances, contract payment, or otherwise, including severance pay, sick pay, and incentive pay.
Utah Code Annotated § 81-6-101(15)(b): "Income" includes:
Utah Code Annotated § 81-6-101(15)(b)(i): all gain derived from capital assets, labor, or both, including profit gained through sale or conversion of capital assets;
Utah Code Annotated § 81-6-101(15)(b)(ii): interest and dividends;
Utah Code Annotated § 81-6-101(15)(b)(iii): periodic payments made under pension or retirement programs or insurance policies of any type;
Utah Code Annotated § 81-6-101(15)(b)(iv): unemployment compensation benefits;
Utah Code Annotated § 81-6-101(15)(b)(v): workers' compensation benefits; and
Utah Code Annotated § 81-6-101(15)(b)(vi): disability benefits.
Utah Code Annotated § 81-6-101(16): 81-9-101 "Joint physical custody" means the same as that term is defined in Section
Utah Code Annotated § 81-6-101(17): 81-6-303; 81-6-305 "Low income table" means the appropriate table under Section
Utah Code Annotated § 81-6-101(18): "Medical expenses" means health and dental expenses and related insurance costs.
Utah Code Annotated § 81-6-101(19): "Minor child" means a child who is younger than 18 years old.
Utah Code Annotated § 81-6-101(20): "Obligee" means an individual, this state, another state, or another comparable jurisdiction to whom child support is owed or who is entitled to reimbursement of child support or public assistance.
Utah Code Annotated § 81-6-101(21): "Obligor" means a person owing a duty of support.
Utah Code Annotated § 81-6-101(22): "Office" means the Office of Recovery Services within the Department of Health and Human Services.
Utah Code Annotated § 81-6-101(23): "Pregnancy expenses" means an amount equal to:
Utah Code Annotated § 81-6-101(23)(a): the sum of a pregnant mother's:
Utah Code Annotated § 81-6-101(23)(a)(i): health insurance premiums while pregnant that are not paid by an employer or government program; and
Utah Code Annotated § 81-6-101(23)(a)(ii): medical costs related to the pregnancy, incurred after the date of conception and before the pregnancy ends; and
Utah Code Annotated § 81-6-101(23)(b): minus any portion of the amount described in Subsection (23)(a) that a court determines is equitable based on the totality of the circumstances, not including any amount paid by the mother or father of the child.
Utah Code Annotated § 81-6-101(24): "Split custody" means that each parent has physical custody of at least one of the children.
Utah Code Annotated § 81-6-101(25): "State" means a state, territory, possession of the United States, the District of Columbia, the Commonwealth of Puerto Rico, Native American tribe, or other comparable domestic or foreign jurisdiction.
Utah Code Annotated § 81-6-101(26): "Support" means past-due, present, and future obligations to provide for the financial support, maintenance, or medical expenses of a child.
Utah Code Annotated § 81-6-101(27): "Support order" means:
Utah Code Annotated § 81-6-101(27)(a): a child support order; or
Utah Code Annotated § 81-6-101(27)(b): a judgment, decree, or order by a tribunal, whether temporary, final, or subject to modification, for alimony.
Utah Code Annotated § 81-6-101(28): "Temporary" means a period of time that is projected to be less than 12 months in duration.
Utah Code Annotated § 81-6-101(29): "Third party" means an agency or a person other than a parent or a child who provides care, maintenance, and support to a child.
Utah Code Annotated § 81-6-101(30): "Tribunal" means the district court, the Department of Health and Human Services, Office of Recovery Services, or court or administrative agency of a state, territory, possession of the United States, the District of Columbia, the Commonwealth of Puerto Rico, Native American tribe, or other comparable domestic or foreign jurisdiction.
Utah Code Annotated § 81-6-101(31): "Work-related child care expenses" means reasonable child care costs for up to a full-time work week or training schedule as necessitated by the employment or training of a parent.
Utah Code Annotated § 81-6-101(32): "Worksheet" means a form used to aid in calculating the base child support award.


Utah Code Annotated § 81-6-102 Application of chapter.
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This chapter applies to any judicial or administrative order establishing or modifying an award of child support entered on or after July 1, 1989.

Utah Code Annotated § 81-6-103 Jurisdiction over a child support proceeding -- Appeals.
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Utah Code Annotated § 81-6-103(1): A court has jurisdiction over a proceeding brought under this chapter in accordance with Title 78A, Judiciary and Judicial Administration.
Utah Code Annotated § 81-6-103(2): An appeal may be taken from an order or judgment under this part as in other civil actions.


Utah Code Annotated § 81-6-104 Duty of parents to provide support for a child -- Support follows the child.
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Utah Code Annotated § 81-6-104(1): 
Utah Code Annotated § 81-6-104(1)(a): Every child is presumed to be in need of the support of the child's parents.
Utah Code Annotated § 81-6-104(1)(b): Every parent shall support their child.
Utah Code Annotated § 81-6-104(1)(c): Nothing in this chapter relieves a parent of the primary obligation of support for the parent's child.
Utah Code Annotated § 81-6-104(2): 81-6-208 Except as limited in a court order under Section
Utah Code Annotated § 81-6-104(2)(a): the expenses incurred on behalf of a minor child for reasonable and necessary medical and dental expenses and other necessities are chargeable upon the property of both parents, regardless of the marital status of the parents; and
Utah Code Annotated § 81-6-104(2)(b): a creditor may sue a parent for the expenses described in Subsection (2)(a) incurred on behalf of a minor child.
Utah Code Annotated § 81-6-104(3): 
Utah Code Annotated § 81-6-104(3)(a): A parent whose minor child has become a ward of this or any other state is not relieved of the primary obligation to support that child until the minor child is 18 years old or is legally married, regardless of any agreements or legal defenses that exist between the parents or other care providers.
Utah Code Annotated § 81-6-104(3)(b): Any state that provides support for a child shall have the right to reimbursement.
Utah Code Annotated § 81-6-104(3)(c): A third party has a right to recover support from a parent.
Utah Code Annotated § 81-6-104(4): 81-6-205 An obligation ordered for child support and medical expenses:
Utah Code Annotated § 81-6-104(4)(a): are for the use and benefit of the child; and
Utah Code Annotated § 81-6-104(4)(b): 81-6-205 shall follow the child in a case in which a parent, or another person, is awarded sole physical custody of the child as described in Subsection
Utah Code Annotated § 81-6-104(5): The rights created in this chapter are in addition to and not in substitution to any other rights.


Utah Code Annotated § 81-6-105 Duty of biological father to share pregnancy expenses.
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Utah Code Annotated § 81-6-105(1): Except as otherwise provided in this section, a biological father of a child has a duty to pay 50% of the mother's pregnancy expenses.
Utah Code Annotated § 81-6-105(2): 
Utah Code Annotated § 81-6-105(2)(a): If paternity is disputed, a biological father owes no duty under this section until the biological father's paternity is established.
Utah Code Annotated § 81-6-105(2)(b): Once paternity is established, the biological father is subject to Subsection (1).
Utah Code Annotated § 81-6-105(3): 
Utah Code Annotated § 81-6-105(3)(a): Any portion of a mother's pregnancy expenses paid by the mother or the biological father reduces that parent's 50% share under Subsection (1), not the total amount of pregnancy expenses.
Utah Code Annotated § 81-6-105(3)(b): Subsection (3)(a) applies regardless of when the mother or biological father pays the pregnancy expense.
Utah Code Annotated § 81-6-105(4): 76-7-301; 76-5-402; 76-5-402.1; 76-5-406; 76-7-102 If a mother receives an abortion, as defined in Section
Utah Code Annotated § 81-6-105(4)(a): the abortion is necessary to avert the death of the mother; or
Utah Code Annotated § 81-6-105(4)(b): 76-5-402; 76-5-402.1; 76-5-406; 76-7-102 the mother was pregnant as a result of:
Utah Code Annotated § 81-6-105(4)(b)(i): 76-5-402 rape, as described in Section
Utah Code Annotated § 81-6-105(4)(b)(ii): 76-5-402.1 rape of a child, as described in Section
Utah Code Annotated § 81-6-105(4)(b)(iii): 76-5-406; 76-7-102 incest, as described in Subsection
Utah Code Annotated § 81-6-105(5): 81-4-406 Subsection (1) does not apply if a court apportions pregnancy expenses in a divorce decree under Section
Utah Code Annotated § 81-6-105(6): 
Utah Code Annotated § 81-6-105(6)(a): A person who seeks payment under this section for pregnancy expenses shall provide documentation of payments, medical expenses, and insurance premiums to the court.
Utah Code Annotated § 81-6-105(6)(b): The court shall order the payment of the expenses after a review of the documentation described in Subsection (6)(a).
Utah Code Annotated § 81-6-105(7): Nothing in this section requires a person to separately bill a biological father for pregnancy expenses.


Utah Code Annotated § 81-6-106 Duty of obligor -- Enforcement of right of support.
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Utah Code Annotated § 81-6-106(1): 
Utah Code Annotated § 81-6-106(1)(a): An obligor who is present in, or a resident of, this state has the duty to provide support to the child regardless of the presence or residence of the obligee.
Utah Code Annotated § 81-6-106(1)(b): The obligee may enforce the obligee's right of support against the obligor.
Utah Code Annotated § 81-6-106(2): 26B-9-101
Utah Code Annotated § 81-6-106(2)(a): 26B-9-101 The office may proceed pursuant to this part or any other applicable statute on behalf of:
Utah Code Annotated § 81-6-106(2)(a)(i): the Department of Health and Human Services;
Utah Code Annotated § 81-6-106(2)(a)(ii): 26B-9-101 any other department or agency of this state that provides public assistance, as defined by Section
Utah Code Annotated § 81-6-106(2)(a)(iii): the obligee, to enforce the obligee's right of support against the obligor.
Utah Code Annotated § 81-6-106(2)(b): Whenever any court action is commenced by the office to enforce payment of the obligor's support obligation, the attorney general or the county attorney of the county of residence of the obligee shall represent the office.
Utah Code Annotated § 81-6-106(2)(c): The attorney general or the county attorney does not represent or have an attorney-client relationship with the obligee or the obligor in carrying out the duties under this chapter.
Utah Code Annotated § 81-6-106(3): 
Utah Code Annotated § 81-6-106(3)(a): A person may not commence an action, file a pleading, or submit a written stipulation to the court, without complying with Subsection (3)(b), if the purpose or effect of the action, pleading, or stipulation is to:
Utah Code Annotated § 81-6-106(3)(a)(i): establish paternity;
Utah Code Annotated § 81-6-106(3)(a)(ii): establish or modify a support obligation;
Utah Code Annotated § 81-6-106(3)(a)(iii): change the court-ordered manner of payment of support;
Utah Code Annotated § 81-6-106(3)(a)(iv): recover support due or owing; or
Utah Code Annotated § 81-6-106(3)(a)(v): appeal issues regarding child support laws.
Utah Code Annotated § 81-6-106(3)(b): 
Utah Code Annotated § 81-6-106(3)(b)(i): When taking an action described in Subsection (3)(a), a person must file an affidavit with the court at the time the action is commenced, the pleading is filed, or the stipulation is submitted stating whether child support services have been or are being provided under Part IV of the Social Security Act, 42 U.S.C., Section 601 et seq., on behalf of a child who is a subject of the action, pleading, or stipulation.
Utah Code Annotated § 81-6-106(3)(b)(ii): If child support services have been or are being provided, under Part IV of the Social Security Act, 42 U.S.C., Section 601 et seq., the person shall mail a copy of the affidavit and a copy of the pleading or stipulation to the child and family support division of the Office of the Attorney General.
Utah Code Annotated § 81-6-106(3)(b)(iii): 
Utah Code Annotated § 81-6-106(3)(b)(iii)(A): If notice is not given in accordance with this Subsection (3), the office is not bound by any decision, judgment, agreement, or compromise rendered in the action.
Utah Code Annotated § 81-6-106(3)(b)(iii)(B): For purposes of appeals, service must be made on the Office of the Director for the Office of Recovery Services.
Utah Code Annotated § 81-6-106(3)(c): If child support services have been or are being provided, that person shall join the office as a party to the action, or mail or deliver a written request to the child and family support division of the Office of the Attorney General, asking the office to join as a party to the action.
Utah Code Annotated § 81-6-106(3)(d): A copy of the request described in Subsection (3)(c), along with proof of service, shall be filed with the court.
Utah Code Annotated § 81-6-106(3)(e): The office shall be represented as provided in Subsection (2)(b).


Utah Code Annotated § 81-6-107 Procedure for child support proceeding -- Documentation.
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Utah Code Annotated § 81-6-107(1): 81-6-203 In any matter in which child support is ordered, the moving party shall submit:
Utah Code Annotated § 81-6-107(1)(a): a completed worksheet;
Utah Code Annotated § 81-6-107(1)(b): 81-6-203 the financial verification required by Section
Utah Code Annotated § 81-6-107(1)(c): a written statement indicating whether or not the amount of child support requested is consistent with the child support guidelines; and
Utah Code Annotated § 81-6-107(1)(d): the information required under Subsection (3).
Utah Code Annotated § 81-6-107(2): 
Utah Code Annotated § 81-6-107(2)(a): If the documentation of income required under Subsection (1) is not available, the moving party may submit a verified representation of the other party's income based on the best evidence available.
Utah Code Annotated § 81-6-107(2)(b): The moving party shall provide the evidence described in Subsection (2)(a) in affidavit form.
Utah Code Annotated § 81-6-107(2)(c): The moving party may only offer the evidence described in Subsection (2)(a) after a copy is provided to the other party in accordance with Utah Rules of Civil Procedure or Title 63G, Chapter 4, Administrative Procedures Act, in an administrative proceeding.
Utah Code Annotated § 81-6-107(3): 
Utah Code Annotated § 81-6-107(3)(a): Upon the entry of an order in a proceeding to establish paternity or to establish, modify, or enforce a child support order, each party shall:
Utah Code Annotated § 81-6-107(3)(a)(i): file identifying information; and
Utah Code Annotated § 81-6-107(3)(a)(ii): update that information as changes occur with the court that conducted the proceeding.
Utah Code Annotated § 81-6-107(3)(b): The required identifying information shall include the person's social security number, driver's license number, residential and mailing addresses, telephone numbers, the name, address and telephone number of employers, and any other data required by the United States Secretary of Health and Human Services.
Utah Code Annotated § 81-6-107(3)(c): An attorney representing the office in child support services cases is not required to file the identifying information required by Subsection (3)(b).


Utah Code Annotated § 81-6-108 Waiver and estoppel.
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Utah Code Annotated § 81-6-108(1): Waiver and estoppel shall apply only to the obligee when there is no order already established by a tribunal if the obligee freely and voluntarily waives support specifically and in writing.
Utah Code Annotated § 81-6-108(2): Waiver and estoppel may not be applied against any third party or public entity that may provide support for the child.
Utah Code Annotated § 81-6-108(3): An obligor, or alleged biological father in a paternity action, may not rely on statements made by the obligee concerning child support unless the statements are reduced to writing and signed by both parties.


Utah Code Annotated § 81-6-109 Spousal privilege -- Competency of spouses.
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Utah Code Annotated § 81-6-109(1): A law attaching a privilege against the disclosure of communications between spouses is are inapplicable under this chapter.
Utah Code Annotated § 81-6-109(2): Spouses are competent witnesses to testify to any relevant matter, including marriage and parentage.


Utah Code Annotated § 81-6-110 County attorney to assist obligee.
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Utah Code Annotated § 81-6-110(1): The county attorney's office shall provide assistance to an obligee desiring to proceed under this part in the following manner:
Utah Code Annotated § 81-6-110(1)(a): provide forms, approved by the Judicial Council, for an order of wage assignment if the obligee is not represented by legal counsel;
Utah Code Annotated § 81-6-110(1)(b): inform the obligee of the right to file indigently if the obligee is unable to bear the expenses of the action and assist the obligee with such filing;
Utah Code Annotated § 81-6-110(1)(c): advise the obligee of the available methods for service of process; and
Utah Code Annotated § 81-6-110(1)(d): assist the obligee in expeditiously scheduling a hearing before the court.
Utah Code Annotated § 81-6-110(2): The county attorney's office may charge a fee not to exceed $25 for providing assistance to an obligee under Subsection (1).


Utah Code Annotated § 81-6-201 Definitions for part.
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Reserved.

Utah Code Annotated § 81-6-202 Determination of amount of child support -- Application of child support guidelines -- Requirements for child support order.
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Utah Code Annotated § 81-6-202(1): 81-6-212
Utah Code Annotated § 81-6-202(1)(a): 81-6-212 If a prior child support order does not exist, a substantial change in circumstances has occurred, or a petition to modify a child support order as described in Section
Utah Code Annotated § 81-6-202(1)(b): When no prior child support order exists, the court or administrative agency shall determine and assess all arrearages based upon the child support guidelines.
Utah Code Annotated § 81-6-202(2): 
Utah Code Annotated § 81-6-202(2)(a): The court or administrative agency shall apply the child support guidelines as a rebuttable presumption in establishing or modifying the amount of temporary or permanent child support.
Utah Code Annotated § 81-6-202(2)(b): The rebuttable presumption means the provisions and considerations required by the child support guidelines, the award amounts resulting from the application of the child support guidelines, and the use of worksheets consistent with the child support guidelines are presumed to be correct, unless the child support guidelines are rebutted in accordance with this section.
Utah Code Annotated § 81-6-202(3): 
Utah Code Annotated § 81-6-202(3)(a): A written finding or specific finding on the record supporting the conclusion that complying with a provision of the child support guidelines or ordering an award amount resulting from use of the child support guidelines would be unjust, inappropriate, or not in the best interest of a child in a particular case is sufficient to rebut the presumption in that case.
Utah Code Annotated § 81-6-202(3)(b): If an order rebuts the presumption through findings, the order is considered a deviated order.
Utah Code Annotated § 81-6-202(4): The following are considered deviations from the child support guidelines, if:
Utah Code Annotated § 81-6-202(4)(a): the order includes a written finding that the order is a deviation from the child support guidelines;
Utah Code Annotated § 81-6-202(4)(b): the worksheet has:
Utah Code Annotated § 81-6-202(4)(b)(i): the box checked for a deviation; and
Utah Code Annotated § 81-6-202(4)(b)(ii): an explanation as to the reason; or
Utah Code Annotated § 81-6-202(4)(c): the deviation is made because there were more children than provided for in the child support tables.
Utah Code Annotated § 81-6-202(5): 81-6-213 If the amount in the order and the amount on the worksheet differ by $10 or more:
Utah Code Annotated § 81-6-202(5)(a): the order is considered deviated; and
Utah Code Annotated § 81-6-202(5)(b): 81-6-213 the incomes listed on the worksheet may not be used in adjusting support for emancipation as described in Section
Utah Code Annotated § 81-6-202(6): If the court finds sufficient evidence to rebut the guidelines as described in Subsection (3), the court shall establish child support after considering all relevant factors, including:
Utah Code Annotated § 81-6-202(6)(a): the standard of living and situation of the parties;
Utah Code Annotated § 81-6-202(6)(b): the relative wealth and income of the parties;
Utah Code Annotated § 81-6-202(6)(c): the ability of the obligor to earn;
Utah Code Annotated § 81-6-202(6)(d): the ability of the obligee to earn;
Utah Code Annotated § 81-6-202(6)(e): the ability of an incapacitated adult child to earn, or other benefits received by the adult child or on the adult child's behalf including Supplemental Security Income;
Utah Code Annotated § 81-6-202(6)(f): the needs of the obligee, the obligor, and the child;
Utah Code Annotated § 81-6-202(6)(g): the ages of the parties; and
Utah Code Annotated § 81-6-202(6)(h): the responsibilities of the obligor and the obligee for the support of others.
Utah Code Annotated § 81-6-202(7): 
Utah Code Annotated § 81-6-202(7)(a): If there are children of either parent who live in the home of that parent and are not children in common to both parties, the court or administrative agency, at the option of either party, may take into account the children under the child support guidelines in setting a base child support award as described in Subsection (8).
Utah Code Annotated § 81-6-202(7)(b): Additional worksheets shall be prepared that calculate the base child support award of the respective parents for the additional children.
Utah Code Annotated § 81-6-202(7)(c): The court or administrative agency shall subtract the base child support award calculated under Subsection (7)(b) from the appropriate parent's income before determining the award in the case described in Subsection (7)(a).
Utah Code Annotated § 81-6-202(8): In a proceeding to adjust or modify a child support order, the court or administrative agency may consider children, who are born after the entry of the child support order and are not in common to both parties, to mitigate an increase in the award, but the court or administrative agency may not consider the children:
Utah Code Annotated § 81-6-202(8)(a): for the benefit of the obligee if the credit would increase the support obligation of the obligor from the most recent child support order; or
Utah Code Annotated § 81-6-202(8)(b): for the benefit of the obligor if the amount of support received by the obligee would be decreased from the most recent child support order.
Utah Code Annotated § 81-6-202(9): A stipulated amount for child support or combined child support and alimony is adequate under the child support guidelines if the stipulated child support amount or combined amount equals or exceeds the base child support award required by the child support guidelines.
Utah Code Annotated § 81-6-202(10): 81-6-208; 81-6-208; 81-6-209; 81-6-210; 81-6-212 The court shall include the following provisions in a child support order:
Utah Code Annotated § 81-6-202(10)(a): a provision establishing the monthly amount of child support obligation for each parent in accordance with the child support guidelines;
Utah Code Annotated § 81-6-202(10)(b): 81-6-208 a provision assigning responsibility for the payment of reasonable and necessary medical expenses for the child as described in Section
Utah Code Annotated § 81-6-202(10)(c): 81-6-208 a provision requiring the purchase and maintenance of appropriate health care insurance for the medical expenses of the child as described in Section
Utah Code Annotated § 81-6-202(10)(d): 81-6-209 a provision regarding the child care expenses and costs as described in Section
Utah Code Annotated § 81-6-202(10)(e): 81-6-210 a provision regarding each parent's right to claim a child as a tax exemption for federal and state income tax purposes in accordance with Section
Utah Code Annotated § 81-6-202(10)(f): provisions for income withholding as a means of collecting child support, in accordance with Title 26B, Chapter 9, Part 3, Income Withholding in IV-D Cases, and Title 26B, Chapter 9, Part 4, Income Withholding in Non IV-D Cases; and
Utah Code Annotated § 81-6-202(10)(g): 81-6-212 a provision regarding a parent's opportunity to adjust a child support order as described in Section
Utah Code Annotated § 81-6-202(11): 26B-9-224 The office shall include the provisions described in Section


Utah Code Annotated § 81-6-203 Determination of gross income for child support -- Imputing income to a parent.
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Utah Code Annotated § 81-6-203(1): 
Utah Code Annotated § 81-6-203(1)(a): Each parent shall provide verification of current income to the court or administrative agency.
Utah Code Annotated § 81-6-203(1)(b): Each parent shall provide year-to-date pay stubs or employer statements and complete copies of tax returns from at least the most recent year, unless the court finds the verification is not reasonably available.
Utah Code Annotated § 81-6-203(1)(c): Verification of income from records maintained by the Department of Workforce Services may be substituted for pay stubs, employer statements, and income tax returns.
Utah Code Annotated § 81-6-203(2): 
Utah Code Annotated § 81-6-203(2)(a): To calculate gross income of a parent, the court or administrative agency may include:
Utah Code Annotated § 81-6-203(2)(a)(i): prospective income of the parent, including income from earned and nonearned sources, such as salaries, wages, commissions, royalties, bonuses, rents, gifts from anyone, prizes, dividends, severance pay, pensions, interest, trust income, alimony from previous marriages, annuities, capital gains, Social Security benefits, worker compensation benefits, unemployment compensation, income replacement disability insurance benefits, and payments from nonmeans-tested government programs; and
Utah Code Annotated § 81-6-203(2)(a)(ii): income imputed to the parent as described in Subsection (6).
Utah Code Annotated § 81-6-203(2)(b): Income from earned income sources is limited to the equivalent of one full-time 40-hour job.
Utah Code Annotated § 81-6-203(2)(c): If and only if during the time before the original support order, the parent normally and consistently worked more than 40 hours at the parent's job, the court may consider this extra time as a pattern in calculating the parent's ability to provide child support.
Utah Code Annotated § 81-6-203(3): 
Utah Code Annotated § 81-6-203(3)(a): The court or administrative agency shall use historical and current earnings to determine whether an underemployment or overemployment situation exists.
Utah Code Annotated § 81-6-203(3)(b): The office may not treat incarceration of at least six months as voluntary unemployment in establishing or modifying a support order.
Utah Code Annotated § 81-6-203(4): 
Utah Code Annotated § 81-6-203(4)(a): To calculate income from self-employment or operation of a business, the court or administrative agency:
Utah Code Annotated § 81-6-203(4)(a)(i): shall calculate gross income from self-employment or operation of a business by subtracting necessary expenses required for self-employment or business operation from gross receipts;
Utah Code Annotated § 81-6-203(4)(a)(ii): shall review income and expenses from self-employment or operation of a business to determine an appropriate level of gross income available to the parent to satisfy a child support award; and
Utah Code Annotated § 81-6-203(4)(a)(iii): may only deduct those expenses necessary to allow the business to operate at a reasonable level from gross receipts.
Utah Code Annotated § 81-6-203(4)(b): Gross income determined under this Subsection (4) may differ from the amount of business income determined for tax purposes.
Utah Code Annotated § 81-6-203(5): When possible, the court or administrative agency shall determine the average monthly gross income for each parent by:
Utah Code Annotated § 81-6-203(5)(a): calculating the gross income of each parent on an annual basis; and
Utah Code Annotated § 81-6-203(5)(b): dividing the annual gross income for each parent by 12.
Utah Code Annotated § 81-6-203(6): 
Utah Code Annotated § 81-6-203(6)(a): The court or administrative agency may not impute income to a parent unless the parent stipulates to the amount imputed, the parent defaults, or, in contested cases, a hearing is held and the court or administrative agency enters findings of fact as to the evidentiary basis for the imputation.
Utah Code Annotated § 81-6-203(6)(b): If income is imputed to a parent, the court or administrative agency shall base income upon employment potential and probable earnings considering, to the extent known:
Utah Code Annotated § 81-6-203(6)(b)(i): employment opportunities;
Utah Code Annotated § 81-6-203(6)(b)(ii): work history;
Utah Code Annotated § 81-6-203(6)(b)(iii): occupation qualifications;
Utah Code Annotated § 81-6-203(6)(b)(iv): educational attainment;
Utah Code Annotated § 81-6-203(6)(b)(v): literacy;
Utah Code Annotated § 81-6-203(6)(b)(vi): age;
Utah Code Annotated § 81-6-203(6)(b)(vii): health;
Utah Code Annotated § 81-6-203(6)(b)(viii): criminal record;
Utah Code Annotated § 81-6-203(6)(b)(ix): other employment barriers and background factors; and
Utah Code Annotated § 81-6-203(6)(b)(x): prevailing earnings and job availability for persons of similar backgrounds in the community.
Utah Code Annotated § 81-6-203(6)(c): If a parent has no recent work history or a parent's occupation is unknown, the court or administrative agency may impute an income to that parent at the federal minimum wage for a 40-hour work week.
Utah Code Annotated § 81-6-203(6)(d): To impute a greater or lesser income, the court or administrative agency shall enter specific findings of fact as to the evidentiary basis for the imputation.
Utah Code Annotated § 81-6-203(6)(e): The court or administrative agency may not impute income to a parent if any of the following conditions exist and the condition is not of a temporary nature:
Utah Code Annotated § 81-6-203(6)(e)(i): the reasonable costs of child care for the parents' minor child approach or equal the amount of income the custodial parent can earn;
Utah Code Annotated § 81-6-203(6)(e)(ii): a parent is physically or mentally unable to earn minimum wage;
Utah Code Annotated § 81-6-203(6)(e)(iii): a parent is engaged in career or occupational training to establish basic job skills; or
Utah Code Annotated § 81-6-203(6)(e)(iv): unusual emotional or physical needs of a child require the custodial parent's presence in the home.
Utah Code Annotated § 81-6-203(7): Notwithstanding Subsection (2), the court or administrative agency may not include the following sources of income when calculating the gross income of a parent:
Utah Code Annotated § 81-6-203(7)(a): cash assistance provided under Title 35A, Chapter 3, Part 3, Family Employment Program;
Utah Code Annotated § 81-6-203(7)(b): benefits received under a housing subsidy program, the Job Training Partnership Act, Supplemental Security Income, Social Security Disability Insurance, Medicaid, SNAP benefits, or General Assistance;
Utah Code Annotated § 81-6-203(7)(c): other similar means-tested welfare benefits received by a parent;
Utah Code Annotated § 81-6-203(7)(d): the earned income of a child who is the subject of a child support award; or
Utah Code Annotated § 81-6-203(7)(e): except as otherwise provided in Subsection (8), the benefits to a child in the child's own right, such as Supplemental Security Income.
Utah Code Annotated § 81-6-203(8): 
Utah Code Annotated § 81-6-203(8)(a): The court or administrative agency shall credit, as child support, the amount of social security benefits received by a child due to the earnings of the parent on whose earning record the social security benefits are based by crediting the amount against the potential obligation of that parent.
Utah Code Annotated § 81-6-203(8)(b): The court or administrative agency may consider other unearned income of a child as income of a parent depending upon the circumstances of each case.


Utah Code Annotated § 81-6-204 General provisions for calculating child support -- Determination of base combined child support obligation.
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Utah Code Annotated § 81-6-204(1): 81-6-202 To calculate child support, the court or administrative agency shall determine the base combined child support obligation for the parents by:
Utah Code Annotated § 81-6-204(1)(a): except as provided in Subsection (3), adjusting the average monthly gross income for each parent by subtracting any alimony previously ordered and paid and any child support previously ordered for that parent;
Utah Code Annotated § 81-6-204(1)(b): 81-6-202 adjusting the average monthly gross income for each parent by subtracting any credits deemed appropriate under Subsections
Utah Code Annotated § 81-6-204(1)(c): combining the adjusted average monthly gross incomes for both parents; and
Utah Code Annotated § 81-6-204(1)(d): locating the base combined child support obligation in the base combined child support obligation table by finding:
Utah Code Annotated § 81-6-204(1)(d)(i): the combined adjusted average monthly gross incomes of the parents in the table; and
Utah Code Annotated § 81-6-204(1)(d)(ii): the total number of children in common to the parents.
Utah Code Annotated § 81-6-204(2): The court or administrative agency may only use the income of the parents of the child to determine the base child support award.
Utah Code Annotated § 81-6-204(3): The court or administrative agency may not subtract any alimony ordered in the pending proceeding from the gross incomes of the parents as described in Subsection (1)(a).
Utah Code Annotated § 81-6-204(4): If there is no amount listed for the base combined child support obligation in the base combined child support obligation table, the base combined support obligation for the parents is $0.
Utah Code Annotated § 81-6-204(5): 81-6-205; 81-6-206; 81-6-207 Upon determining the base combined child support obligation, the court or administrative agency shall make additional calculations as described in Section
Utah Code Annotated § 81-6-204(6): 
Utah Code Annotated § 81-6-204(6)(a): Except as provided in Subsection (6)(b), the court may consider any amount that an incapacitated adult child can contribute to the child's support and use the amount to justify a reduction in the amount of support ordered.
Utah Code Annotated § 81-6-204(6)(b): If the case described in Subsection (6)(a) involves more than one child, the reduction may not be greater than the effect of reducing the total number of children by one.
Utah Code Annotated § 81-6-204(7): 81-6-202
Utah Code Annotated § 81-6-204(7)(a): The base combined child support obligation table provides combined child support obligations for up to six children.
Utah Code Annotated § 81-6-204(7)(b): If a case involves more than six children, the court may add additional amounts to the base child support obligation shown in the base combined child support obligation table.
Utah Code Annotated § 81-6-204(7)(c): 81-6-202 Unless rebutted by Subsection
Utah Code Annotated § 81-6-204(8): 
Utah Code Annotated § 81-6-204(8)(a): If the combined adjusted gross income exceeds the highest level specified in the base combined child support obligation table, the court shall order an appropriate and just amount of child support on a case-by-case basis, except that the court may not order an amount that is less than the highest level specified in the table for the number of children due child support.
Utah Code Annotated § 81-6-204(8)(b): There is no maximum limit on the base child support award that a court may order using the child support tables.
Utah Code Annotated § 81-6-204(9): The amount shown in a child support table is the child support amount for the total number of children not an amount per child.
Utah Code Annotated § 81-6-204(10): For all worksheets, income and child support award figures are rounded to the nearest dollar.


Utah Code Annotated § 81-6-205 Sole physical custody -- Obligation calculations -- Change in physical custody.
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Utah Code Annotated § 81-6-205(1): This section applies to a case in which a parent, or another person, is awarded sole physical custody of the children.
Utah Code Annotated § 81-6-205(2): 81-6-204 Except as provided in Subsections (3) and (4), the court or administrative agency shall determine the base child support award for each parent by:
Utah Code Annotated § 81-6-205(2)(a): dividing each parent's monthly adjusted gross income by the combined monthly adjusted gross income to determine each parent's percentage; and
Utah Code Annotated § 81-6-205(2)(b): 81-6-204 multiplying each parent's percentage by the base combined child support obligation that is calculated as described in Subsection
Utah Code Annotated § 81-6-205(3): 
Utah Code Annotated § 81-6-205(3)(a): If the base combined child support obligation is $0, the court or administrative agency shall establish the base child support award for each parent by:
Utah Code Annotated § 81-6-205(3)(a)(i): determining the individual monthly adjusted gross income for the parent;
Utah Code Annotated § 81-6-205(3)(a)(ii): locating the amount of the base child support award in the low income table by finding:
Utah Code Annotated § 81-6-205(3)(a)(ii)(A): the monthly adjusted gross income for the parent in the low income table; and
Utah Code Annotated § 81-6-205(3)(a)(ii)(B): the number of children in common with the parents.
Utah Code Annotated § 81-6-205(3)(b): The corresponding amount in the low income table is the base child support award for that parent.
Utah Code Annotated § 81-6-205(4): 
Utah Code Annotated § 81-6-205(4)(a): If a parent's individual monthly adjusted gross income is less than the highest amount of monthly adjusted gross income shown in the low income table, the court or administrative agency shall determine that the base child support award is the lesser of:
Utah Code Annotated § 81-6-205(4)(a)(i): the amount calculated using the base combined child support obligation table as described in Subsection (2); and
Utah Code Annotated § 81-6-205(4)(a)(ii): the amount calculated using the low income table as described in Subsection (3).
Utah Code Annotated § 81-6-205(4)(b): If the monthly adjusted gross income of a parent is found in an area of the low income table in which no amount is shown, the court or administrative agency shall determine the base child support award by using the amount listed in the base combined child support obligation table and calculated as described in Subsection (2).
Utah Code Annotated § 81-6-205(5): A base child support award in a sole physical custody case may not be less than $30.
Utah Code Annotated § 81-6-205(6): 81-6-202 The amounts calculated under this section are rebuttable as described in Section
Utah Code Annotated § 81-6-205(7): A parent without sole physical custody of the children is an obligor and is required to pay the amount of child support calculated under this section.
Utah Code Annotated § 81-6-205(8): 
Utah Code Annotated § 81-6-205(8)(a): When physical custody of a child changes after the original child support order, the parent without physical custody of the child is required to pay the amount of child support calculated under this section, without the need to modify the order, to:
Utah Code Annotated § 81-6-205(8)(a)(i): the parent who has physical custody of the child;
Utah Code Annotated § 81-6-205(8)(a)(ii): a relative to whom physical custody of the child has been voluntarily given; or
Utah Code Annotated § 81-6-205(8)(a)(iii): the state when the child is residing outside of the home in the protective custody, temporary custody, or care of the state or a state-licensed facility for at least 30 days.
Utah Code Annotated § 81-6-205(8)(b): When physical custody of a child changes from the physical custody that is assumed in the original child support order calculated under this section, the modification of the child support order is not necessary even if only one parent is specifically ordered to pay in the child support order.


Utah Code Annotated § 81-6-206 Joint physical custody -- Obligation calculations.
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Utah Code Annotated § 81-6-206(1): This section applies to a case in which the parents are awarded joint physical custody of the children.
Utah Code Annotated § 81-6-206(2): 81-6-204 If the base combined child support obligation that is calculated as described in Subsection
Utah Code Annotated § 81-6-206(3): 81-6-204 If the base combined child support obligation that is calculated as described in Subsection
Utah Code Annotated § 81-6-206(3)(a): dividing each parent's monthly adjusted gross income by the combined monthly adjusted gross income to determine each parent's percentage; and
Utah Code Annotated § 81-6-206(3)(b): multiplying each parent's percentage by the base combined child support obligation.
Utah Code Annotated § 81-6-206(4): The court or administrative agency shall determine the base child support award for the parent with the lesser number of overnights by:
Utah Code Annotated § 81-6-206(4)(a): multiplying the number of overnights over 110 and under 131 for that parent by .0027;
Utah Code Annotated § 81-6-206(4)(b): multiplying the number calculated under Subsection (4)(a) by the base combined child support obligation;
Utah Code Annotated § 81-6-206(4)(c): multiplying the number of overnights over 130 for that parent by .0084;
Utah Code Annotated § 81-6-206(4)(d): multiplying the number calculated under Subsection (4)(c) by the base combined child support obligation; and
Utah Code Annotated § 81-6-206(4)(e): subtracting the numbers calculated in Subsections (4)(b) and (4)(d) from that parent's share of the base combined child support obligation calculated under Subsection (3).
Utah Code Annotated § 81-6-206(5): If the base child support award calculated under Subsection (4) is greater than $0, the parent with the lesser number of overnights is the obligor and is required to pay child support.
Utah Code Annotated § 81-6-206(6): If the base child support award calculated under Subsection (4) is less than $0:
Utah Code Annotated § 81-6-206(6)(a): the parent with the lesser number of overnights is the obligee; and
Utah Code Annotated § 81-6-206(6)(b): the parent with the greater number of overnights is the obligor and is required to pay child support.
Utah Code Annotated § 81-6-206(7): 81-9-305 If the parents have an equal parent-time schedule under Section


Utah Code Annotated § 81-6-207 Split physical custody -- Obligation calculations.
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Utah Code Annotated § 81-6-207(1): This section applies to a case in which the parents are awarded split physical custody of the children.
Utah Code Annotated § 81-6-207(2): 81-6-204 If the base combined child support obligation that is calculated as described in Subsection
Utah Code Annotated § 81-6-207(3): 81-6-204 If the base combined child support obligation that is calculated as described in Subsection
Utah Code Annotated § 81-6-207(3)(a): dividing the number of children with each parent by the combined number of children to calculate each parent's percentage of children;
Utah Code Annotated § 81-6-207(3)(b): dividing each parent's monthly adjusted gross income by the combined monthly adjusted gross income to calculate each parent's percentage of the combined monthly adjusted gross income;
Utah Code Annotated § 81-6-207(3)(c): multiplying each parent's percentage of the combined monthly adjusted gross income by the base combined child support obligation to calculate each parent's share of the base combined child support obligation;
Utah Code Annotated § 81-6-207(3)(d): multiplying each parent's share of the base combined child support obligation by the other parent's percentage of children to determine the individual child support obligations for each parent; and
Utah Code Annotated § 81-6-207(3)(e): subtracting the lesser individual child support obligation from the higher individual child support obligation to reach the base child support award.
Utah Code Annotated § 81-6-207(4): The parent with the higher individual child support obligation is the parent required to pay the base child support award calculated under Subsection (3).


Utah Code Annotated § 81-6-208 Requirements for a child support order regarding medical expenses -- Determination of parental liability for medical expenses.
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Utah Code Annotated § 81-6-208(1): 31A-1-301 As used in this section, "health insurance" means the same as that term is defined in Section
Utah Code Annotated § 81-6-208(2): Except as provided in Subsection (4), a child support order issued or modified in this state on or after May 3, 2023, shall require compliance with the requirements described in Subsection (3) as of the effective date of the child support order.
Utah Code Annotated § 81-6-208(3): A child support order shall:
Utah Code Annotated § 81-6-208(3)(a): require the parents provide health care coverage for the medical expenses of a child;
Utah Code Annotated § 81-6-208(3)(b): require the parents provide health insurance for the medical expenses of a child if health insurance is available to the parents at a reasonable cost;
Utah Code Annotated § 81-6-208(3)(c): designate which health insurance plan is primary and which health insurance plan is secondary if, at any time, a child is covered by both parents' health insurance plans as described in Subsection (7);
Utah Code Annotated § 81-6-208(3)(d): require each parent to share equally the out-of-pocket costs of the premium actually paid by a parent for the child's portion of health insurance; and
Utah Code Annotated § 81-6-208(3)(e): include a provision that requires each parent to equally share all reasonable and necessary uninsured and unreimbursed medical and dental expenses incurred for a child, including co-payments, co-insurance, and deductibles.
Utah Code Annotated § 81-6-208(4): The court may deviate from the requirements described in Subsection (3) if:
Utah Code Annotated § 81-6-208(4)(a): the court makes specific findings establishing good cause for the deviation; or
Utah Code Annotated § 81-6-208(4)(b): subject to the court's approval, the parents agree which parent shall provide health insurance for the child.
Utah Code Annotated § 81-6-208(5): In determining whether to take the action described in Subsection (4), the court may consider:
Utah Code Annotated § 81-6-208(5)(a): the reasonableness of the cost;
Utah Code Annotated § 81-6-208(5)(b): the availability of a group insurance policy;
Utah Code Annotated § 81-6-208(5)(c): the coverage of the policy; or
Utah Code Annotated § 81-6-208(5)(d): the preference of the custodial parent.
Utah Code Annotated § 81-6-208(6): Subject to Subsection (4), if a child support order does not contain the requirements described in Subsection (3):
Utah Code Annotated § 81-6-208(6)(a): the parents are nonetheless subject to the requirements described in Subsection (3), as applicable; and
Utah Code Annotated § 81-6-208(6)(b): for purposes of Subsection (3)(c), the health insurance plan of the parent whose birthday falls first in the calendar year is primary, and the health insurance plan of the parent whose birthday falls second in the calendar year is secondary.
Utah Code Annotated § 81-6-208(7): 
Utah Code Annotated § 81-6-208(7)(a): The provisions of an order under Subsection (3)(c) shall:
Utah Code Annotated § 81-6-208(7)(a)(i): take effect if at any time a child is covered by both parents' health insurance plans; and
Utah Code Annotated § 81-6-208(7)(a)(ii): include the following language: "If, at any point in time, a child is covered by the health insurance plans of both parents, the health insurance plan of (Parent's Name) shall be primary coverage for the child and the health insurance plan of (Other Parent's Name) shall be secondary coverage for the child. If a parent remarries and the child is not covered by that parent's health insurance plan but is covered by a step-parent's plan, the health insurance plan of the step-parent shall be treated as if it is the plan of the remarried parent and shall retain the same designation as the primary or secondary plan of the child."
Utah Code Annotated § 81-6-208(7)(b): A court or administrative agency may not modify the language required by Subsection (7)(a)(ii).
Utah Code Annotated § 81-6-208(7)(c): Notwithstanding Subsection (7)(b), the court may allocate the payment of medical expenses including co-payments, deductibles, and co-insurance not covered by health insurance between the parents.
Utah Code Annotated § 81-6-208(7)(d): In designating primary coverage pursuant to Subsection (3)(c), the court may take into account:
Utah Code Annotated § 81-6-208(7)(d)(i): the birth dates of the parents;
Utah Code Annotated § 81-6-208(7)(d)(ii): a requirement in a court order, if any, for one of the parents to maintain health insurance coverage for a child;
Utah Code Annotated § 81-6-208(7)(d)(iii): the parent with physical custody of the child; or
Utah Code Annotated § 81-6-208(7)(d)(iv): any other factor the court considers relevant.
Utah Code Annotated § 81-6-208(8): 
Utah Code Annotated § 81-6-208(8)(a): The parent who provides health insurance may receive credit against the base child support award or recover the other parent's share of the child's portion of the premium.
Utah Code Annotated § 81-6-208(8)(b): If the parent does not have health insurance but another member of the parent's household provides health insurance for the child, the parent may receive credit against the base child support award or recover the other parent's share of the child's portion of the premium.
Utah Code Annotated § 81-6-208(9): 
Utah Code Annotated § 81-6-208(9)(a): The child's portion of the premium is a per capita share of the premium actually paid.
Utah Code Annotated § 81-6-208(9)(b): The premium expense for a child shall be calculated by dividing the premium amount by the number of persons covered under the policy and multiplying the result by the number of children in the instant case.
Utah Code Annotated § 81-6-208(10): 
Utah Code Annotated § 81-6-208(10)(a): The parent maintaining health care coverage or insurance shall provide verification of coverage to the other parent, or to the office under Title IV of the Social Security Act, 42 U.S.C. Sec. 601 et seq., upon initial enrollment of the child, and after initial enrollment on or before January 2 of each calendar year.
Utah Code Annotated § 81-6-208(10)(b): The parent shall notify the other parent, or the office under Title IV of the Social Security Act, 42 U.S.C. Sec. 601 et seq., of any change of insurance carrier, premium, or benefits within 30 calendar days of the date the parent first knew or should have known of the change.
Utah Code Annotated § 81-6-208(10)(c): A parent who incurs medical expenses shall provide written verification of the cost and payment of medical expenses to the other parent within 30 days of payment.
Utah Code Annotated § 81-6-208(10)(d): The court may deny a parent incurring medical expenses the right to receive credit for the expenses or to recover the other parent's share of the expenses if that parent fails to comply with this Subsection (10).
Utah Code Annotated § 81-6-208(11): 
Utah Code Annotated § 81-6-208(11)(a): The court or administrative agency may issue an order determining the amount of a parent's liability for medical expenses of a child when the parent:
Utah Code Annotated § 81-6-208(11)(a)(i): is required by a prior court or administrative order to:
Utah Code Annotated § 81-6-208(11)(a)(i)(A): share those expenses with the other parent of the child; or
Utah Code Annotated § 81-6-208(11)(a)(i)(B): obtain insurance for medical expenses but fails to do so; or
Utah Code Annotated § 81-6-208(11)(a)(ii): receives direct payment from an insurer under insurance coverage obtained after the prior court or administrative order was issued.
Utah Code Annotated § 81-6-208(11)(b): If the prior court or administrative order does not specify what proportions of the expenses are to be shared:
Utah Code Annotated § 81-6-208(11)(b)(i): the court may determine the amount of liability as may be reasonable and necessary; and
Utah Code Annotated § 81-6-208(11)(b)(ii): the administrative agency may determine the amount of liability in accordance with established rules.
Utah Code Annotated § 81-6-208(11)(c): This Subsection (11) applies to an order without regard to when the order was issued.


Utah Code Annotated § 81-6-209 Requirements for a child support order regarding child care costs and expenses -- Actual expenses for child care.
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Utah Code Annotated § 81-6-209(1): The court or administrative agency shall require in a child support order that each parent share equally the reasonable work-related child care expenses of the parents.
Utah Code Annotated § 81-6-209(2): 
Utah Code Annotated § 81-6-209(2)(a): If an actual expense for child care is incurred, a parent shall begin paying the parent's share on a monthly basis immediately upon presentation of proof of the child care expense.
Utah Code Annotated § 81-6-209(2)(b): If the child care expense ceases to be incurred, the parent may suspend making monthly payment of that expense, while the expense is not being incurred, without obtaining a modification of the child support order.
Utah Code Annotated § 81-6-209(2)(c): 
Utah Code Annotated § 81-6-209(2)(c)(i): In the absence of a court order to the contrary, a parent who incurs child care expense shall provide written verification of the cost and identity of a child care provider to the other parent upon initial engagement of a provider and thereafter on the request of the other parent.
Utah Code Annotated § 81-6-209(2)(c)(ii): In the absence of a court order to the contrary, the parent shall notify the other parent of any change of child care provider or the monthly expense of child care within 30 calendar days after the day on which the change occurred.
Utah Code Annotated § 81-6-209(3): The court may deny a parent incurring child care expenses the right to receive credit for the expenses or to recover the other parent's share of the expenses if the parent incurring the expenses fails to comply with Subsection (2)(c).
Utah Code Annotated § 81-6-209(4): 
Utah Code Annotated § 81-6-209(4)(a): The court or administrative agency shall presume that child care costs should be included in a child support order if a parent, during extended parent-time, is working and actually incurring the child care costs.
Utah Code Annotated § 81-6-209(4)(b): The presumption under Subsection (4)(a) is rebutted if:
Utah Code Annotated § 81-6-209(4)(b)(i): the obligor's base child support award, in combination with the award of medical expenses, exceeds 50% of the obligor's adjusted gross income; or
Utah Code Annotated § 81-6-209(4)(b)(ii): by adding the child care costs, the obligor's child support obligation would exceed 50% of the obligor's adjusted gross income.
Utah Code Annotated § 81-6-209(5): 
Utah Code Annotated § 81-6-209(5)(a): The court or administrative agency may award child care costs on a case-by-case basis if the child care costs are related to the career and occupational training of the custodial parent or the child care costs would be in the interest of justice.
Utah Code Annotated § 81-6-209(5)(b): The court or administrative agency may assign financial responsibility in a child support order for all or a portion of child care expenses incurred on behalf of a child due to the employment or training of the custodial parent.
Utah Code Annotated § 81-6-209(6): 
Utah Code Annotated § 81-6-209(6)(a): The court or administrative agency may impute a monthly obligation for child care costs when the court imputes income to a parent who is providing child care for the child so that the parties are not incurring child care costs for the child.
Utah Code Annotated § 81-6-209(6)(b): The court shall apply any monthly obligation imputed under Subsection (6)(a) towards any actual child care costs incurred within the same month for the child.


Utah Code Annotated § 81-6-210 Award of tax exemption for a child.
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Utah Code Annotated § 81-6-210(1): There is no presumption as to which parent should be awarded the right to claim a child as an exemption for federal and state income tax purposes.
Utah Code Annotated § 81-6-210(2): Unless the parties otherwise stipulate in writing, the court shall award in any final order the exemption on a case-by-case basis.
Utah Code Annotated § 81-6-210(3): In awarding the exemption, the court shall consider:
Utah Code Annotated § 81-6-210(3)(a): as the primary factor, the relative contribution of each parent to the cost of raising the child; and
Utah Code Annotated § 81-6-210(3)(b): among other factors, the relative tax benefit to each parent.
Utah Code Annotated § 81-6-210(4): 
Utah Code Annotated § 81-6-210(4)(a): Notwithstanding Subsection (3), the court may not award any exemption to a parent if the parent is not current in the parent's child support obligation.
Utah Code Annotated § 81-6-210(4)(b): If a parent is not current in the parent's child support obligation under Subsection (4)(a), the court may award an exemption to the other parent.
Utah Code Annotated § 81-6-210(5): An exemption may not be awarded to a parent unless the award will result in a tax benefit to that parent.


Utah Code Annotated § 81-6-211 Reduction for extended parent-time.
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Utah Code Annotated § 81-6-211(1): The base child support award is:
Utah Code Annotated § 81-6-211(1)(a): reduced by 50% for each child for time periods during which the child is with the noncustodial parent by order of the court or by written agreement of the parties for at least 25 of any 30 consecutive days of extended parent-time; or
Utah Code Annotated § 81-6-211(1)(b): reduced by 25% for each child for time periods during which the child is with the noncustodial parent by order of the court or by written agreement of the parties for at least 12 of any 30 consecutive days of extended parent-time.
Utah Code Annotated § 81-6-211(2): If the child is a client of cash assistance provided under Title 35A, Chapter 3, Part 3, Family Employment Program, the administrative agency shall approve any agreement by the parties for reduction of child support during extended parent-time.
Utah Code Annotated § 81-6-211(3): For purposes of this section, normal parent-time and holiday visits to the custodial parent are not considered extended parent-time.
Utah Code Annotated § 81-6-211(4): For cases receiving child support services in accordance with Title 26B, Chapter 9, Recovery Services and Administration of Child Support, the noncustodial parent shall provide written documentation  to the office of the extended parent-time schedule to receive the adjustment under Subsection (1), including the beginning and ending dates, in the form of a court order or a voluntary written agreement between the parties.
Utah Code Annotated § 81-6-211(5): If the noncustodial parent complies with Subsection (4), owes no past-due support, and pays the full, unadjusted amount of current child support due for the month of scheduled extended parent-time and the following month, the office shall refund the difference from the child support due to the custodial parent or the state, between the full amount of current child support received during the month of extended parent-time and the adjusted amount of current child support due:
Utah Code Annotated § 81-6-211(5)(a): from current child support received in the month following the month of scheduled extended parent-time; or
Utah Code Annotated § 81-6-211(5)(b): from current child support received in the month following the month written documentation of the scheduled extended parent-time is provided to the office, whichever occurs later.
Utah Code Annotated § 81-6-211(6): If the noncustodial parent complies with Subsection (4), owes past-due support, and pays the full, unadjusted amount of current child support due for the month of scheduled extended parent-time, the office shall apply the difference, from the child support due to the custodial parent or the state, between the full amount of current child support received during the month of extended parent-time and the adjusted amount of current child support due, to the past-due support obligation in the case.
Utah Code Annotated § 81-6-211(7): For cases not receiving child support services in accordance with Title 26B, Chapter 9, Recovery Services and Administration of Child Support, the court or the parents shall resolve, without involvement by the office, any potential adjustment of the child support payment during the month of extended visitation or any refund that is due to the noncustodial parent from the custodial parent.
Utah Code Annotated § 81-6-211(8): For purposes of this section, the per child amount to which the abatement applies is calculated by dividing the base child support award by the number of children included in the award.
Utah Code Annotated § 81-6-211(9): 81-6-206 The reduction in this section does not apply to parents with joint physical custody obligations calculated in accordance with Section


Utah Code Annotated § 81-6-212 Modification of child support order -- Adjustment of child support.
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Utah Code Annotated § 81-6-212(1): 81-6-213 The amount of prospective child support is equal to the amount granted by a prior child support order unless:
Utah Code Annotated § 81-6-212(1)(a): there is a substantial change of circumstances on the part of the obligor or obligee as described in this section; or
Utah Code Annotated § 81-6-212(1)(b): 81-6-213 an adjustment is made as described in this section or Section
Utah Code Annotated § 81-6-212(2): If the prior child support order contains a stipulated provision for the automatic adjustment for prospective child support, the prospective child support is the amount as stated in the order, without a showing of a substantial change of circumstances, if the stipulated provision:
Utah Code Annotated § 81-6-212(2)(a): is clear and unambiguous;
Utah Code Annotated § 81-6-212(2)(b): is self-executing;
Utah Code Annotated § 81-6-212(2)(c): provides for child support that equals or exceeds the base child support award required by the child support guidelines; and
Utah Code Annotated § 81-6-212(2)(d): does not allow a decrease in child support as a result of the obligor's voluntary reduction of income.
Utah Code Annotated § 81-6-212(3): 
Utah Code Annotated § 81-6-212(3)(a): A parent, legal guardian, or the office may, at any time, petition the court to adjust the amount of a child support order if there has been a substantial change in circumstances.
Utah Code Annotated § 81-6-212(3)(b): A change in the child support tables is not a substantial change in circumstances for the purposes of Subsection (3)(a).
Utah Code Annotated § 81-6-212(3)(c): For purposes of this Subsection (3)(a), a substantial change in circumstances may include:
Utah Code Annotated § 81-6-212(3)(c)(i): material changes in custody;
Utah Code Annotated § 81-6-212(3)(c)(ii): material changes in the relative wealth or assets of the parties;
Utah Code Annotated § 81-6-212(3)(c)(iii): material changes of 30% or more in the income of a parent;
Utah Code Annotated § 81-6-212(3)(c)(iv): material changes in the employment potential and ability of a parent to earn;
Utah Code Annotated § 81-6-212(3)(c)(v): material changes in the medical needs of the child; or
Utah Code Annotated § 81-6-212(3)(c)(vi): material changes in the legal responsibilities of either parent for the support of others.
Utah Code Annotated § 81-6-212(4): Upon receiving a petition under Subsection (3)(a), the court shall, taking into account the best interests of the child:
Utah Code Annotated § 81-6-212(4)(a): determine whether a substantial change has occurred;
Utah Code Annotated § 81-6-212(4)(b): if a substantial change has occurred, determine whether the change results in a difference of 15% or more between the obligor's ordered support amount and the obligor's support amount that would be required under the child support guidelines; and
Utah Code Annotated § 81-6-212(4)(c): adjust the obligor's ordered support amount to that which is provided for in the child support guidelines if:
Utah Code Annotated § 81-6-212(4)(c)(i): there is a difference of 15% or more; and
Utah Code Annotated § 81-6-212(4)(c)(ii): the difference is not of a temporary nature.
Utah Code Annotated § 81-6-212(5): 
Utah Code Annotated § 81-6-212(5)(a): If a child support order has not been issued or modified within the previous three years, a parent, legal guardian, or the office may move the court to adjust the amount of a child support order.
Utah Code Annotated § 81-6-212(5)(b): Upon receiving a motion under Subsection (5)(a), the court shall, taking into account the best interests of the child:
Utah Code Annotated § 81-6-212(5)(b)(i): determine whether there is a difference between the obligor's ordered support amount and the obligor's support amount that would be required under the child support guidelines; and
Utah Code Annotated § 81-6-212(5)(b)(ii): if there is a difference as described in Subsection (5)(b)(i), adjust the obligor's ordered support amount to the obligor's support amount provided in the child support guidelines if:
Utah Code Annotated § 81-6-212(5)(b)(ii)(A): the difference is 10% or more;
Utah Code Annotated § 81-6-212(5)(b)(ii)(B): the difference is not of a temporary nature; and
Utah Code Annotated § 81-6-212(5)(b)(ii)(C): the order adjusting the obligor's ordered support amount does not deviate from the child support guidelines.
Utah Code Annotated § 81-6-212(5)(c): A showing of a substantial change in circumstances is not necessary for an adjustment under this Subsection (5).


Utah Code Annotated § 81-6-213 Adjustment to child support when child becomes emancipated.
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Utah Code Annotated § 81-6-213(1): Except as otherwise provided in the child support order, the base child support award is automatically adjusted to the base child support award for the remaining number of children due child support, without the need to modify the most recent child support order by a court, when a child:
Utah Code Annotated § 81-6-213(1)(a): becomes 18 years old or graduates from high school during the child's normal and expected year of graduation, whichever occurs later;
Utah Code Annotated § 81-6-213(1)(b): dies, marries, becomes a member of the armed forces of the United States; or
Utah Code Annotated § 81-6-213(1)(c): is emancipated in accordance with Title 80, Chapter 7, Emancipation.
Utah Code Annotated § 81-6-213(2): The base child support award is adjusted as described in Subsection (1) by using the child support table that was used to establish the most recent child support order and by using the income of the parties as specified in the most recent child support order or the worksheets.
Utah Code Annotated § 81-6-213(3): The base child support award may not be reduced by a per child amount derived from the base child support award originally ordered.
Utah Code Annotated § 81-6-213(4): If the incomes of the parties are not specified in the most recent child support order or the worksheets, the information regarding the incomes is not consistent, or the order deviates from the child support guidelines, the base child support award is not automatically adjusted under Subsection (1) and the child support order will continue until modified by the issuing tribunal.
Utah Code Annotated § 81-6-213(5): If the child support order is deviated and the parties subsequently obtain a court order that adjusts the amount of child support back to the date of the emancipation of the child, the office may not be required to repay any difference in the child support collected during the interim.


Utah Code Annotated § 81-6-214 Accountability of support provided to benefit child -- Accounting.
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Utah Code Annotated § 81-6-214(1): The court or administrative agency that issues the initial or modified order for child support may, upon the petition of the obligor, order prospectively the obligee to furnish an accounting of amounts provided for the child's benefit to the obligor, including an accounting or receipts.
Utah Code Annotated § 81-6-214(2): The court or administrative agency may prescribe the frequency and the form of the accounting, including receipts.
Utah Code Annotated § 81-6-214(3): The obligor may petition for the accounting only if current on all child support that has been ordered.


Utah Code Annotated § 81-6-301 Definitions for part.
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Reserved.

Utah Code Annotated § 81-6-302 Base combined child support obligation table -- Both parents -- Child support orders entered before January 1, 2023.
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The table in this section is used to:Utah Code Annotated § 81-6-302(1): establish a child support order entered for the first time on or after January 1, 2008, but before January 1, 2023;
Utah Code Annotated § 81-6-302(2): modify a child support order entered for the first time on or after January 1, 2008, but before January 1, 2023;
Utah Code Annotated § 81-6-302(3): modify a temporary judicial child support order established on or before December 31, 2007, if the new order is entered on or after January 1, 2008, but before January 1, 2023; or
Utah Code Annotated § 81-6-302(4): modify a final child support order entered on or before December 31, 2007, if the modification is made on or after January 1, 2010, but before January 1, 2025.


Utah Code Annotated § 81-6-303 Low income table -- Obligor parent only -- Child support orders entered before January 1, 2023.
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The table in this section is used to:Utah Code Annotated § 81-6-303(1): establish a child support order entered for the first time on or after January 1, 2008, but before January 1, 2023;
Utah Code Annotated § 81-6-303(2): modify a child support order entered for the first time on or after January 1, 2008, but before January 1, 2023;
Utah Code Annotated § 81-6-303(3): modify a temporary judicial child support order established on or before December 31, 2007, if the new order is entered on or after January 1, 2008, but before January 1, 2023; or
Utah Code Annotated § 81-6-303(4): modify a final child support order entered on or before December 31, 2007, if the modification is made on or after January 1, 2010, but before January 1, 2025.


Utah Code Annotated § 81-6-304 Based combined child support obligation table -- Both parents -- Child support orders entered on or after January 1, 2023.
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The following table is used to:Utah Code Annotated § 81-6-304(1): establish a child support order entered for the first time on or after January 1, 2023;
Utah Code Annotated § 81-6-304(2): modify a child support order entered for the first time on or after January 1, 2023;
Utah Code Annotated § 81-6-304(3): modify a temporary judicial child support order established on or before December 31, 2022, if the new order is entered on or after January 1, 2023; or
Utah Code Annotated § 81-6-304(4): modify a final child support order entered on or before December 31, 2022, if the modification is made on or after January 1, 2025.


Utah Code Annotated § 81-6-305 Low income table -- Obligor parent only -- Child support orders entered on or after January 1, 2023.
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The following table is used to:Utah Code Annotated § 81-6-305(1): establish a child support order entered for the first time on or after January 1, 2023;
Utah Code Annotated § 81-6-305(2): modify a child support order entered for the first time on or after January 1, 2023;
Utah Code Annotated § 81-6-305(3): modify a temporary judicial child support order established on or before December 31, 2022, if the new order is entered on or after January 1, 2023; or
Utah Code Annotated § 81-6-305(4): modify a final child support order entered on or before December 31, 2022, if the modification is made on or after January 1, 2025.


Utah Code Annotated § 81-6-401 Definitions for part.
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Utah Code Annotated § 81-6-402 Creation of advisory committee.
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Utah Code Annotated § 81-6-402(1): 
Utah Code Annotated § 81-6-402(1)(a): There is created the advisory committee known as the "Child Support Guidelines Advisory Committee."
Utah Code Annotated § 81-6-402(1)(b): The governor shall appoint the 11 members of the advisory committee as follows:
Utah Code Annotated § 81-6-402(1)(b)(i): one representative recommended by the Office of Recovery Services;
Utah Code Annotated § 81-6-402(1)(b)(ii): one representative recommended by the Judicial Council;
Utah Code Annotated § 81-6-402(1)(b)(iii): two representatives recommended by the Utah State Bar Association;
Utah Code Annotated § 81-6-402(1)(b)(iv): two representatives of noncustodial parents;
Utah Code Annotated § 81-6-402(1)(b)(v): two representatives of custodial parents;
Utah Code Annotated § 81-6-402(1)(b)(vi): one representative with expertise in economics; and
Utah Code Annotated § 81-6-402(1)(b)(vii): two representatives from diverse interests related to child support issues and who are not members of the Utah State Bar Association, as the governor may consider appropriate.
Utah Code Annotated § 81-6-402(2): 
Utah Code Annotated § 81-6-402(2)(a): The term of a member of the advisory committee is four years.
Utah Code Annotated § 81-6-402(2)(b): When a vacancy occurs in the membership for any reason, the governor shall appoint a replacement for the unexpired term of the member.
Utah Code Annotated § 81-6-402(2)(c): The governor may appoint a member of the advisory committee to more than one term.
Utah Code Annotated § 81-6-402(3): 
Utah Code Annotated § 81-6-402(3)(a): Six members of the advisory committee constitute a quorum.
Utah Code Annotated § 81-6-402(3)(b): The vote of a majority of a quorum present is an action of the advisory committee.
Utah Code Annotated § 81-6-402(4): The advisory committee shall elect two members to serve as cochairs of the advisory committee for a term of one year.
Utah Code Annotated § 81-6-402(5): The advisory committee shall meet at the time and place designated by the cochairs.


Utah Code Annotated § 81-6-403 Duties -- Report -- Staff.
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Utah Code Annotated § 81-6-403(1): The advisory committee shall review the child support guidelines to ensure the application of the guidelines results in the determination of appropriate child support award amounts.
Utah Code Annotated § 81-6-403(2): 68-3-14 The advisory committee shall submit, in accordance with Section
Utah Code Annotated § 81-6-403(3): The advisory committee's report shall include recommendations of the majority of the advisory committee, as well as specific recommendations of individual members of the advisory committee.
Utah Code Annotated § 81-6-403(4): Staff for the advisory committee shall be provided from the existing budget of the Department of Health and Human Services.


Utah Code Annotated § 81-6-404 Expenses for per diem and travel.
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A member may not receive compensation or benefits for the member's service, but may receive per diem and travel expenses in accordance with:Utah Code Annotated § 81-6-404(1): 63A-3-106 Section
Utah Code Annotated § 81-6-404(2): 63A-3-107 Section
Utah Code Annotated § 81-6-404(3): 63A-3-106; 63A-3-107 rules made by the Division of Finance pursuant to Sections


Utah Code Annotated - Title 81 - Chapter 7 - Payment and Enforcement of Spousal and Child Support
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Utah Code Annotated § 81-7-101 Definitions for chapter.
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As used in this chapter:Utah Code Annotated § 81-7-101(1): 81-4-101 "Alimony" means the same as that term is defined in Section
Utah Code Annotated § 81-7-101(2): 81-6-101 "Child support" means the same as that term is defined in Section
Utah Code Annotated § 81-7-101(3): 26B-9-101 "Child support services" means the same as that term is defined in Section
Utah Code Annotated § 81-7-101(4): 81-6-101 "Obligee" means the same as that term is defined in Section
Utah Code Annotated § 81-7-101(5): 81-6-101 "Obligor" means the same as that term is defined in Section
Utah Code Annotated § 81-7-101(6): 81-6-101 "Support order" means the same as that term is defined in Section
Utah Code Annotated § 81-7-101(7): 81-6-101 "Tribunal" means the same as that term is defined in Section


Utah Code Annotated § 81-7-102 Payment under child support or alimony order -- Judgment.
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Utah Code Annotated § 81-7-102(1): All monthly payments of child support and alimony are due on the 1st day of each month in accordance with Title 26B, Chapter 9, Recovery Services and Administration of Child Support.
Utah Code Annotated § 81-7-102(2): For purposes of child support services and income withholding described in Title 26B, Chapter 9, Part 2, Child Support Services, and Title 26B, Chapter 9, Part 3, Income Withholding in IV-D Cases, child support is not considered past due until the 1st day of the following month.
Utah Code Annotated § 81-7-102(3): For purposes other than those specified in Subsection (1), child support is payable 1/2 by the 5th day of each month and 1/2 by the 20th day of that month, unless the order or decree provides for a different time for payment.
Utah Code Annotated § 81-7-102(4): Each payment or installment of child support or alimony under any support order is, on and after the date the payment or installment is due:
Utah Code Annotated § 81-7-102(4)(a): a judgment with the same attributes and effect of any judgment of a district court, except as provided in Subsection (5);
Utah Code Annotated § 81-7-102(4)(b): entitled, as a judgment, to full faith and credit in this and in any other jurisdiction; and
Utah Code Annotated § 81-7-102(4)(c): not subject to retroactive modification by this or any other jurisdiction, except as provided in Subsection (5).
Utah Code Annotated § 81-7-102(5): 
Utah Code Annotated § 81-7-102(5)(a): A child support or alimony payment under a support order may be modified with respect to any period during which a modification is pending, but only from the date of service of the pleading on:
Utah Code Annotated § 81-7-102(5)(a)(i): the obligee if the obligor is the petitioner; or
Utah Code Annotated § 81-7-102(5)(a)(ii): the obligor if the obligee is the petitioner.
Utah Code Annotated § 81-7-102(5)(b): If the tribunal orders that the support order should be modified, the effective date of the modification shall be the month following service on the party whose support is affected.
Utah Code Annotated § 81-7-102(5)(c): Once the tribunal determines that a modification is appropriate, the tribunal shall order a judgment to be entered for any difference in the original order and the modified amount for the period from the service of the pleading until the final order of modification is entered.
Utah Code Annotated § 81-7-102(6): 78B-5-202; 26B-9-214 The judgment provided for in Subsection (4)(a), to be effective and enforceable as a lien against the real property interest of any third party relying on the public record, shall be docketed in the district court in accordance with Sections


Utah Code Annotated § 81-7-103 Collection fee for past due child support or alimony.
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Utah Code Annotated § 81-7-103(1): As used in this section:
Utah Code Annotated § 81-7-103(1)(a): "Debtor" means a person obligated or allegedly obligated to pay a domestic relations debt.
Utah Code Annotated § 81-7-103(1)(b): "Domestic relations debt" means an obligation or alleged obligation to pay past due child support or alimony.
Utah Code Annotated § 81-7-103(2): 
Utah Code Annotated § 81-7-103(2)(a): A court shall order the amounts described in Subsection (2)(b) be paid, if:
Utah Code Annotated § 81-7-103(2)(a)(i): the court issues a judgment requiring the payment of a domestic relations debt by the debtor;
Utah Code Annotated § 81-7-103(2)(a)(ii): imposing a collection fee on the debtor or in relation to the domestic relations debt is not prohibited or otherwise restricted by another federal or state law; and
Utah Code Annotated § 81-7-103(2)(a)(iii): the person owed the domestic relations debt has a contingency arrangement with an attorney to collect the domestic relations debt.
Utah Code Annotated § 81-7-103(2)(b): If the conditions of Subsection (2)(a) are met, a court shall order payment of:
Utah Code Annotated § 81-7-103(2)(b)(i): the principal amount due;
Utah Code Annotated § 81-7-103(2)(b)(ii): applicable interest;
Utah Code Annotated § 81-7-103(2)(b)(iii): a collection fee equal to the amount provided in the contingency agreement, except that the collection fee may not exceed the lesser of:
Utah Code Annotated § 81-7-103(2)(b)(iii)(A): the actual amount the person owed the domestic relations debt is required to pay for collection costs, regardless of whether that amount is a specific dollar amount or a percentage of the principal amount owed for the domestic relations debt; or
Utah Code Annotated § 81-7-103(2)(b)(iii)(B): 40% of the principal amount owed to the person for the domestic relations debt;
Utah Code Annotated § 81-7-103(2)(b)(iv): reasonable attorney fees; and
Utah Code Annotated § 81-7-103(2)(b)(v): costs, if any, related to obtaining the judgment described in Subsection (2)(a)(i).
Utah Code Annotated § 81-7-103(3): The obligation to pay a collection fee described in Subsection (2)(b)(iii) is incurred at the time the person owed a domestic relations debt enters into an agreement with an attorney to collect the domestic relations debt.
Utah Code Annotated § 81-7-103(4): An obligation to pay a collection fee imposed under this section is in addition to any obligation to pay reasonable attorney fees that may exist.
Utah Code Annotated § 81-7-103(5): The Office of Recovery Services may not collect an order issued pursuant to Subsection (2).


Utah Code Annotated - Title 81 - Chapter 8 - Uniform Interstate Family Support Act
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Utah Code Annotated § 81-8-101 Reserved.
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Reserved.

Utah Code Annotated - Title 81 - Chapter 9 - Custody, Parent-Time, and Visitation
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Utah Code Annotated § 81-9-101 Definitions for chapter.
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As used in this chapter:Utah Code Annotated § 81-9-101(1): 80-1-102 "Abuse" means the same as that term is defined in Section
Utah Code Annotated § 81-9-101(2): 
Utah Code Annotated § 81-9-101(2)(a): "Custodial responsibility" means all powers and duties relating to caretaking authority and decision-making authority for a minor child.
Utah Code Annotated § 81-9-101(2)(b): "Custodial responsibility" includes physical custody, legal custody, parenting time, right to access, parent-time, and authority to grant limited contact with a minor child.
Utah Code Annotated § 81-9-101(3): 77-36-1 "Domestic violence" means the same as that term is defined in Section
Utah Code Annotated § 81-9-101(4): "Joint legal custody" means the sharing of the rights, privileges, duties, and powers of a parent by both parents, where specified.
Utah Code Annotated § 81-9-101(5): "Joint physical custody" means the minor child stays with each parent overnight for more than 30% of the year and both parents contribute to the expenses of the minor child in addition to paying child support.
Utah Code Annotated § 81-9-101(6): 
Utah Code Annotated § 81-9-101(6)(a): "Parenting functions" means those aspects of the parent-child relationship in which the parent makes decisions and performs functions necessary for the care and growth of the minor child.
Utah Code Annotated § 81-9-101(6)(b): "Parenting functions" include:
Utah Code Annotated § 81-9-101(6)(b)(i): maintaining a loving, stable, consistent, and nurturing relationship with the minor child;
Utah Code Annotated § 81-9-101(6)(b)(ii): attending to the daily needs of the minor child, such as feeding, clothing, physical care, grooming, supervision, health care, day care, and engaging in other activities which are appropriate to the developmental level of the minor child and that are within the social and economic circumstances of the particular family;
Utah Code Annotated § 81-9-101(6)(b)(iii): attending to adequate education for the minor child, including remedial or other education essential to the best interest of the minor child;
Utah Code Annotated § 81-9-101(6)(b)(iv): assisting the minor child in developing and maintaining appropriate interpersonal relationships;
Utah Code Annotated § 81-9-101(6)(b)(v): exercising appropriate judgment regarding the minor child's welfare, consistent with the minor child's developmental level and family social and economic circumstances; and
Utah Code Annotated § 81-9-101(6)(b)(vi): providing for the financial support of the minor child.
Utah Code Annotated § 81-9-101(7): 
Utah Code Annotated § 81-9-101(7)(a): "Parenting plan" means a plan for parenting a minor child.
Utah Code Annotated § 81-9-101(7)(b): "Parenting plan" includes the allocation of parenting functions that are incorporated in any final decree or decree of modification including an action for dissolution of marriage, annulment, legal separation, or paternity.
Utah Code Annotated § 81-9-101(8): 78B-7-102; 78B-7-102; 78B-7-302 "Protective order" means:
Utah Code Annotated § 81-9-101(8)(a): 78B-7-102 a civil protective order, as that term is defined in Section
Utah Code Annotated § 81-9-101(8)(b): 78B-7-102 an ex parte civil protective order, as that term is defined in Section
Utah Code Annotated § 81-9-101(8)(c): 78B-7-302 a foreign protection order, as that term is defined in Section
Utah Code Annotated § 81-9-101(9): "Psychological maltreatment" means a repeated pattern or extreme incident of caretaker behavior that:
Utah Code Annotated § 81-9-101(9)(a): intentionally thwarts a minor child's basic psychological needs, including physical and psychological safety, cognitive stimulation, and respect;
Utah Code Annotated § 81-9-101(9)(b): conveys that a minor child is worthless, defective, or expendable; and
Utah Code Annotated § 81-9-101(9)(c): may terrorize a minor child.
Utah Code Annotated § 81-9-101(10): " Service member" means a member of a uniformed service.
Utah Code Annotated § 81-9-101(11): 80-1-102 "Sexual abuse" means the same as that term is defined in Section
Utah Code Annotated § 81-9-101(12): "Supervised parent-time" means parent-time that requires the noncustodial parent to be accompanied during parent-time by an individual approved by the court.
Utah Code Annotated § 81-9-101(13): "Surrogate care" means care by any individual other than the parent of the minor child.
Utah Code Annotated § 81-9-101(14): "Uniformed service" means:
Utah Code Annotated § 81-9-101(14)(a): active and reserve components of the United States Armed Forces;
Utah Code Annotated § 81-9-101(14)(b): the United States Merchant Marine;
Utah Code Annotated § 81-9-101(14)(c): the commissioned corps of the United States Public Health Service;
Utah Code Annotated § 81-9-101(14)(d): the commissioned corps of the National Oceanic and Atmospheric Administration of the United States; or
Utah Code Annotated § 81-9-101(14)(e): the National Guard of a state.
Utah Code Annotated § 81-9-101(15): "Uninterrupted time" means parent-time exercised by one parent without interruption at any time by the presence of the other parent.
Utah Code Annotated § 81-9-101(16): "Virtual parent-time" means parent-time facilitated by tools such as telephone, email, instant messaging, video conferencing, and other wired or wireless technologies over the Internet or other communication media, to supplement in-person visits between a noncustodial parent and a minor child or between a minor child and the custodial parent when the minor child is staying with the noncustodial parent.


Utah Code Annotated § 81-9-102 Expedited Parent-time Enforcement Program.
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Utah Code Annotated § 81-9-102(1): As used in this section:
Utah Code Annotated § 81-9-102(1)(a): "Mediator" means a person who:
Utah Code Annotated § 81-9-102(1)(a)(i): is qualified to mediate parent-time disputes under criteria established by the Administrative Office of the Courts; and
Utah Code Annotated § 81-9-102(1)(a)(ii): agrees to follow billing guidelines established by the Administrative Office of the Courts and this section.
Utah Code Annotated § 81-9-102(1)(b): "Services to facilitate parent-time" or "services" means services designed to assist families in resolving parent-time problems through:
Utah Code Annotated § 81-9-102(1)(b)(i): counseling;
Utah Code Annotated § 81-9-102(1)(b)(ii): supervised parent-time;
Utah Code Annotated § 81-9-102(1)(b)(iii): neutral drop-off and pick-up;
Utah Code Annotated § 81-9-102(1)(b)(iv): educational classes; and
Utah Code Annotated § 81-9-102(1)(b)(v): other related activities.
Utah Code Annotated § 81-9-102(2): The Administrative Office of the Courts shall administer an Expedited Parent-time Enforcement Program in the third judicial district.
Utah Code Annotated § 81-9-102(3): 
Utah Code Annotated § 81-9-102(3)(a): If a parent files a motion in the third district court alleging that court-ordered parent-time rights are being violated, the clerk of the court, after assigning the case to a judge, shall refer the case to the administrator of this program for assignment to a mediator, unless a parent is incarcerated or otherwise unavailable.
Utah Code Annotated § 81-9-102(3)(b): Unless the court rules otherwise, a parent residing outside of the state is not unavailable.
Utah Code Annotated § 81-9-102(3)(c): The director of the program for the courts, the court, or the mediator may excuse either party from the requirement to mediate for good cause.
Utah Code Annotated § 81-9-102(3)(d): Upon receipt of a case, the mediator shall:
Utah Code Annotated § 81-9-102(3)(d)(i): meet with the parents to address parent-time issues within 15 days of the motion being filed;
Utah Code Annotated § 81-9-102(3)(d)(ii): assess the situation;
Utah Code Annotated § 81-9-102(3)(d)(iii): facilitate an agreement on parent-time between the parents; and
Utah Code Annotated § 81-9-102(3)(d)(iv): determine whether a referral to a service provider under Subsection (3)(e) is warranted.
Utah Code Annotated § 81-9-102(3)(e): While a case is in mediation, a mediator may refer the parents to a service provider designated by the Department of Health and Human Services for services to facilitate parent-time if:
Utah Code Annotated § 81-9-102(3)(e)(i): the services may be of significant benefit to the parents; or
Utah Code Annotated § 81-9-102(3)(e)(ii): 
Utah Code Annotated § 81-9-102(3)(e)(ii)(A): a mediated agreement between the parents is unlikely; and
Utah Code Annotated § 81-9-102(3)(e)(ii)(B): the services may facilitate an agreement.
Utah Code Annotated § 81-9-102(3)(f): At any time during mediation, a mediator shall terminate mediation and transfer the case to the administrator of the program for referral to the court to whom the case was assigned under Subsection (3)(a) if:
Utah Code Annotated § 81-9-102(3)(f)(i): a written agreement between the parents is reached; or
Utah Code Annotated § 81-9-102(3)(f)(ii): the parents are unable to reach an agreement through mediation and:
Utah Code Annotated § 81-9-102(3)(f)(ii)(A): the parents have received services to facilitate parent-time;
Utah Code Annotated § 81-9-102(3)(f)(ii)(B): both parents object to receiving services to facilitate parent-time; or
Utah Code Annotated § 81-9-102(3)(f)(ii)(C): the parents are unlikely to benefit from receiving services to facilitate parent-time.
Utah Code Annotated § 81-9-102(3)(g): Upon receiving a case from the administrator of the program, a court may:
Utah Code Annotated § 81-9-102(3)(g)(i): review the agreement of the parents and, if acceptable, sign it as an order;
Utah Code Annotated § 81-9-102(3)(g)(ii): order the parents to receive services to facilitate parent-time;
Utah Code Annotated § 81-9-102(3)(g)(iii): proceed with the case; or
Utah Code Annotated § 81-9-102(3)(g)(iv): take other appropriate action.
Utah Code Annotated § 81-9-102(4): 
Utah Code Annotated § 81-9-102(4)(a): If a parent makes a particularized allegation of physical or sexual abuse of a minor child who is the subject of a parent-time order against the other parent or a member of the other parent's household to a mediator or service provider, the mediator or service provider shall immediately report that information to:
Utah Code Annotated § 81-9-102(4)(a)(i): the court, which may immediately issue orders and take other appropriate action to resolve the allegation and protect the minor child; and
Utah Code Annotated § 81-9-102(4)(a)(ii): the Division of Child and Family Services within the Department of Health and Human Services in the manner required by Title 80, Chapter 2, Part 6, Child Abuse and Neglect Reports.
Utah Code Annotated § 81-9-102(4)(b): If an allegation under Subsection (4)(a) is made against a parent with parent-time rights or a member of that parent's household, parent-time by that parent shall, pursuant to an order of the court, be supervised until:
Utah Code Annotated § 81-9-102(4)(b)(i): the allegation has been resolved; or
Utah Code Annotated § 81-9-102(4)(b)(ii): a court orders otherwise.
Utah Code Annotated § 81-9-102(4)(c): Notwithstanding an allegation under Subsection (4)(a), a mediator may continue to mediate parent-time problems and a service provider may continue to provide services to facilitate parent-time unless otherwise ordered by a court.
Utah Code Annotated § 81-9-102(5): 
Utah Code Annotated § 81-9-102(5)(a): The Department of Health and Human Services may contract with one or more entities in accordance with Title 63G, Chapter 6a, Utah Procurement Code, to provide:
Utah Code Annotated § 81-9-102(5)(a)(i): services to facilitate parent-time;
Utah Code Annotated § 81-9-102(5)(a)(ii): case management services; and
Utah Code Annotated § 81-9-102(5)(a)(iii): administrative services.
Utah Code Annotated § 81-9-102(5)(b): An entity who contracts with the Department of Health and Human Services under Subsection (5)(a) shall:
Utah Code Annotated § 81-9-102(5)(b)(i): be qualified to provide one or more of the services listed in Subsection (5)(a); and
Utah Code Annotated § 81-9-102(5)(b)(ii): agree to follow billing guidelines established by the Department of Health and Human Services and this section.
Utah Code Annotated § 81-9-102(6): 
Utah Code Annotated § 81-9-102(6)(a): Except as provided in Subsection (6)(b), the cost of mediation shall be:
Utah Code Annotated § 81-9-102(6)(a)(i): reduced to a sum certain;
Utah Code Annotated § 81-9-102(6)(a)(ii): divided equally between the parents; and
Utah Code Annotated § 81-9-102(6)(a)(iii): charged against each parent taking into account the ability of that parent to pay under billing guidelines adopted in accordance with this section.
Utah Code Annotated § 81-9-102(6)(b): A court may order a parent to pay an amount in excess of that provided for in Subsection (6)(a) if the parent:
Utah Code Annotated § 81-9-102(6)(b)(i): failed to participate in good faith in mediation or services to facilitate parent-time; or
Utah Code Annotated § 81-9-102(6)(b)(ii): made an unfounded assertion or claim of physical or sexual abuse of a minor child.
Utah Code Annotated § 81-9-102(6)(c): 
Utah Code Annotated § 81-9-102(6)(c)(i): The cost of mediation and services to facilitate parent-time may be charged to parents at periodic intervals.
Utah Code Annotated § 81-9-102(6)(c)(ii): Mediation and services to facilitate parent-time may only be terminated on the ground of nonpayment if both parents are delinquent.
Utah Code Annotated § 81-9-102(7): 
Utah Code Annotated § 81-9-102(7)(a): The Judicial Council may make rules to implement and administer the provisions of this program related to mediation.
Utah Code Annotated § 81-9-102(7)(b): The Department of Health and Human Services may make rules to implement and administer the provisions of this program related to services to facilitate parent-time.
Utah Code Annotated § 81-9-102(8): 
Utah Code Annotated § 81-9-102(8)(a): 
Utah Code Annotated § 81-9-102(8)(a)(i): The Administrative Office of the Courts shall adopt outcome measures to evaluate the effectiveness of the mediation component of this program.
Utah Code Annotated § 81-9-102(8)(a)(ii): The Administrative Office of the Courts shall provide progress reports to the Judiciary Interim Committee as requested by the committee.
Utah Code Annotated § 81-9-102(8)(b): 
Utah Code Annotated § 81-9-102(8)(b)(i): The Department of Health and Human Services shall adopt outcome measures to evaluate the effectiveness of the services component of this program.
Utah Code Annotated § 81-9-102(8)(b)(ii): The Department of Health and Human Services shall provide progress reports to the Judiciary Interim Committee as requested by the committee.
Utah Code Annotated § 81-9-102(8)(c): The Administrative Office of the Courts and the Department of Health and Human Services may adopt joint outcome measures and file joint reports to satisfy the requirements of Subsections (8)(a) and (b).
Utah Code Annotated § 81-9-102(9): The Department of Health and Human Services shall, by following the procedures and requirements of Title 63J, Chapter 5, Federal Funds Procedures Act, apply for federal funds as available.


Utah Code Annotated § 81-9-103 Mandatory parenting course for parties in a divorce or parentage action.
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Utah Code Annotated § 81-9-103(1): The Judicial Council shall approve and implement:
Utah Code Annotated § 81-9-103(1)(a): a mandatory parenting course in all judicial districts for married parties in a divorce action determining issues of child custody and parent-time; and
Utah Code Annotated § 81-9-103(1)(b): a mandatory parenting course in all judicial districts for unmarried parties in a parentage action determining issues of child custody and parent-time.
Utah Code Annotated § 81-9-103(2): (1) The Judicial Council shall adopt rules to implement and administer the mandatory parenting courses described in Subsection
Utah Code Annotated § 81-9-103(3): The mandatory parenting courses shall educate and sensitize parties to the needs of the parties' minor child during and after the court process, including instructing the parties:
Utah Code Annotated § 81-9-103(3)(a): about the impact of the court process, and its outcome, on:
Utah Code Annotated § 81-9-103(3)(a)(i): the minor child;
Utah Code Annotated § 81-9-103(3)(a)(ii): the family relationship; and
Utah Code Annotated § 81-9-103(3)(a)(iii): the financial responsibilities of the parties to the minor child; and
Utah Code Annotated § 81-9-103(3)(b): that domestic violence has a harmful effect on a minor child and family relationships.
Utah Code Annotated § 81-9-103(4): (4)(a)
Utah Code Annotated § 81-9-103(4)(a): The mandatory parenting course may be provided through live instruction, video instruction, or an online provider.
Utah Code Annotated § 81-9-103(4)(b): (4)(a) The online and video options under Subsection
Utah Code Annotated § 81-9-103(5): 
Utah Code Annotated § 81-9-103(5)(a): The Administrative Office of the Courts shall administer  the mandatory parenting courses, in accordance with Title 63G, Chapter 6a, Utah Procurement Code, through private or public contracts and organize the program in each of Utah's judicial districts.
Utah Code Annotated § 81-9-103(5)(b): The contracts shall provide for the recoupment of administrative expenses through the costs charged to individual partiesas described in Subsection (7).
Utah Code Annotated § 81-9-103(6): A certificate of completion constitutes evidence to the court of completion of a parenting course under this section by the parties.
Utah Code Annotated § 81-9-103(7): 51-9-408; 78A-2-302; (7)(c)
Utah Code Annotated § 81-9-103(7)(a): Each party shall pay the cost of the parenting course to the independent contractor providing the course at the time and place of the course.
Utah Code Annotated § 81-9-103(7)(b): 51-9-408 A fee of $8 shall be collected, as part of a parenting course fee paid by each participant, and deposited in the Children's Legal Defense Account, described in Section
Utah Code Annotated § 81-9-103(7)(c): 78A-2-302 Each party who is unable to pay the cost of a parenting course may attend the parenting course, without payment, upon a prima facie showing of indigency as evidenced by an affidavit of indigency filed in the court in accordance with Section
Utah Code Annotated § 81-9-103(7)(d): (7)(c) The Administrative Office of the Courts shall use appropriations from the Children's Legal Defense Account to reimburse an independent contractor for the costs of a party who is unable to pay for a parenting course under Subsection
Utah Code Annotated § 81-9-103(8): The Administrative Office of the Courts shall:
Utah Code Annotated § 81-9-103(8)(a): adopt a program to evaluate the effectiveness of the mandatory parenting courses; and
Utah Code Annotated § 81-9-103(8)(b): provide progress reports to the Judiciary Interim Committee if requested.


Utah Code Annotated § 81-9-104 Expert evidence -- Violence or abuse findings -- Child relationship and reunification.
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Utah Code Annotated § 81-9-104(1): As used in this section:
Utah Code Annotated § 81-9-104(1)(a): 
Utah Code Annotated § 81-9-104(1)(a)(i): "Child custody proceeding" means a civil proceeding between the parents of a minor child that involves the care or custody of the minor child, including proceedings involving:
Utah Code Annotated § 81-9-104(1)(a)(i)(A): divorce;
Utah Code Annotated § 81-9-104(1)(a)(i)(B): separation;
Utah Code Annotated § 81-9-104(1)(a)(i)(C): parent-time;
Utah Code Annotated § 81-9-104(1)(a)(i)(D): paternity;
Utah Code Annotated § 81-9-104(1)(a)(i)(E): child support; or
Utah Code Annotated § 81-9-104(1)(a)(i)(F): legal or physical custody of the minor child.
Utah Code Annotated § 81-9-104(1)(a)(ii): "Child custody proceeding" does not include:
Utah Code Annotated § 81-9-104(1)(a)(ii)(A): a child protective, abuse, or neglect proceeding;
Utah Code Annotated § 81-9-104(1)(a)(ii)(B): a juvenile justice proceeding; or
Utah Code Annotated § 81-9-104(1)(a)(ii)(C): a child placement proceeding in which a state, local, or tribal government, a designee of such a government, or any contracted child welfare agency or child protective services agency of such a government is a party to the proceeding.
Utah Code Annotated § 81-9-104(1)(b): "Forensic" means professional activities undertaken pursuant to a court order or for use in litigation, including the evaluation or treatment of a parent, minor child, or other individual who is involved in a child custody proceeding.
Utah Code Annotated § 81-9-104(1)(c): "Reunification treatment" means a treatment or therapy aimed at reuniting or reestablishing a relationship between a minor child and an estranged or rejected parent or other family member of the minor child.
Utah Code Annotated § 81-9-104(2): In a child custody proceeding, if a parent is alleged to have committed domestic violence or abuse, including sexual abuse:
Utah Code Annotated § 81-9-104(2)(a): the court may admit expert evidence from a court-appointed or outside professional relating to alleged domestic violence or abuse only if the professional possesses demonstrated expertise and adequate experience in working with victims of domestic violence or abuse, including sexual abuse, that is not solely of a forensic nature; and
Utah Code Annotated § 81-9-104(2)(b): in making a finding regarding an allegation of domestic violence or abuse, including sexual abuse, the court shall consider evidence of past domestic violence, sexual violence, or abuse committed by the accused parent, including:
Utah Code Annotated § 81-9-104(2)(b)(i): any past or current protective order against the accused parent; or
Utah Code Annotated § 81-9-104(2)(b)(ii): any charge, arrest, or conviction of the accused parent for domestic violence, sexual violence, or abuse.
Utah Code Annotated § 81-9-104(3): Subsection (2) does not preclude the court from:
Utah Code Annotated § 81-9-104(3)(a): admitting expert evidence, subject to rules of evidence, from a court-appointed or outside professional relating to issues other than alleged domestic violence or abuse; or
Utah Code Annotated § 81-9-104(3)(b): admitting evidence, subject to rules of evidence, that is discovered or otherwise becomes available through treatment or therapy after the court enters an order of custody or parent-time.
Utah Code Annotated § 81-9-104(4): As part of a child custody proceeding, a court may not, solely in order to improve a deficient relationship between a parent and a minor child, including in the context of reunification treatment:
Utah Code Annotated § 81-9-104(4)(a): remove the minor child from a parent or litigating party:
Utah Code Annotated § 81-9-104(4)(a)(i): who is competent and not physically or sexually abusive; and
Utah Code Annotated § 81-9-104(4)(a)(ii): with whom the minor child is bonded; or
Utah Code Annotated § 81-9-104(4)(b): restrict reasonable contact between the minor child and a parent or litigating party:
Utah Code Annotated § 81-9-104(4)(b)(i): who is competent and not physically or sexually abusive; and
Utah Code Annotated § 81-9-104(4)(b)(ii): with whom the minor child is bonded.
Utah Code Annotated § 81-9-104(5): As part of a child custody proceeding where the court has reasonable cause to believe that there is domestic violence, child abuse, or an ongoing risk to the child:
Utah Code Annotated § 81-9-104(5)(a): a court may not order a reunification treatment or program unless there is generally accepted proof:
Utah Code Annotated § 81-9-104(5)(a)(i): of the physical and psychological safety, effectiveness, and therapeutic value of the reunification treatment; and
Utah Code Annotated § 81-9-104(5)(a)(ii): that the reunification treatment is not associated with causing harm to a child;
Utah Code Annotated § 81-9-104(5)(b): a court may not order a reunification treatment that is predicated on cutting off a minor child from a parent:
Utah Code Annotated § 81-9-104(5)(b)(i): who is competent and not physically or sexually abusive; and
Utah Code Annotated § 81-9-104(5)(b)(ii): with whom the minor child is bonded;
Utah Code Annotated § 81-9-104(5)(c): any order to remediate the resistance of a minor child to have contact with a violent or abusive parent shall primarily address the behavior of that parent or the contributions of that parent to the resistance of the minor child; and
Utah Code Annotated § 81-9-104(5)(d): any order to a parent who meets the criteria in Subsections (5)(b)(i) and (ii), and that requires the parent to take steps to potentially improve the minor child's relationship with a violent or abusive parent, shall:
Utah Code Annotated § 81-9-104(5)(d)(i): prioritize the minor child's physical and psychological safety and needs; and
Utah Code Annotated § 81-9-104(5)(d)(ii): be narrowly tailored to address specific behavior.
Utah Code Annotated § 81-9-104(6): Subject to Subsection (4), Subsection (5) does not preclude the court from ordering mental health treatment by a licensed mental health professional that is generally accepted by and meets the standards of practice for mental health professions if:
Utah Code Annotated § 81-9-104(6)(a): the court does not have reasonable cause to believe that there is domestic violence, child abuse, or an ongoing risk to the child; and
Utah Code Annotated § 81-9-104(6)(b): the treatment does not pose a risk to the child or parent.


Utah Code Annotated § 81-9-201 Definitions for part.
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Reserved.

Utah Code Annotated § 81-9-202 Advisory guidelines for a custody and parent-time arrangement.
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Utah Code Annotated § 81-9-202(1): 81-9-302; 81-9-304 In addition to the parent-time schedules provided in Sections
Utah Code Annotated § 81-9-202(2): A parent-time schedule mutually agreed upon by both parents is preferable to a court-imposed solution.
Utah Code Annotated § 81-9-202(3): A parent-time schedule shall be used to maximize the continuity and stability of the minor child's life.
Utah Code Annotated § 81-9-202(4): Each parent shall give special consideration to make the minor child available to attend family functions including funerals, weddings, family reunions, religious holidays, important ceremonies, and other significant events in the life of the minor child or in the life of either parent which may inadvertently conflict with the parent-time schedule.
Utah Code Annotated § 81-9-202(5): 
Utah Code Annotated § 81-9-202(5)(a): The court shall determine the responsibility for the pick up, delivery, and return of the minor child when the parent-time order is entered.
Utah Code Annotated § 81-9-202(5)(b): The court may change the responsibility described in Subsection (5)(a) at any time a subsequent modification is made to the parent-time order.
Utah Code Annotated § 81-9-202(5)(c): If the noncustodial parent will be providing transportation, the custodial parent shall:
Utah Code Annotated § 81-9-202(5)(c)(i): have the minor child ready for parent-time at the time the minor child is to be picked up ; and
Utah Code Annotated § 81-9-202(5)(c)(ii): be present at the custodial home or make reasonable alternate arrangements to receive the minor child at the time the minor child is returned.
Utah Code Annotated § 81-9-202(5)(d): If the custodial parent will be transporting the minor child, the noncustodial parent shall:
Utah Code Annotated § 81-9-202(5)(d)(i): be at the appointed place at the time the noncustodial parent is to receive the minor child; and
Utah Code Annotated § 81-9-202(5)(d)(ii): have the minor child ready to be picked up at the appointed time and place or have made reasonable alternate arrangements for the custodial parent to pick up the minor child.
Utah Code Annotated § 81-9-202(6): A parent may not interrupt regular school hours for a school-age minor child for the exercise of parent-time.
Utah Code Annotated § 81-9-202(7): 81-9-302; 81-9-304 The court may:
Utah Code Annotated § 81-9-202(7)(a): make alterations in the parent-time schedule to reasonably accommodate the work schedule of both parents; and
Utah Code Annotated § 81-9-202(7)(b): 81-9-302; 81-9-304 increase the parent-time allowed to the noncustodial parent but may not diminish the standardized parent-time provided in Sections
Utah Code Annotated § 81-9-202(8): The court may make alterations in the parent-time schedule to reasonably accommodate the distance between the parties and the expense of exercising parent-time.
Utah Code Annotated § 81-9-202(9): A parent may not withhold parent-time or child support due to the other parent's failure to comply with a court-ordered parent-time schedule.
Utah Code Annotated § 81-9-202(10): 
Utah Code Annotated § 81-9-202(10)(a): The custodial parent shall notify the noncustodial parent within 24 hours of receiving notice of all significant school, social, sports, and community functions in which the minor child is participating or being honored.
Utah Code Annotated § 81-9-202(10)(b): The noncustodial parent is entitled to attend and participate fully in the functions described in Subsection (10)(a).
Utah Code Annotated § 81-9-202(10)(c): The noncustodial parent shall have access directly to all school reports including preschool and daycare reports and medical records.
Utah Code Annotated § 81-9-202(10)(d): A parent shall immediately notify the other parent in the event of a medical emergency.
Utah Code Annotated § 81-9-202(11): Each parent shall provide the other with the parent's current address and telephone number, email address, and other virtual parent-time access information within 24 hours of any change.
Utah Code Annotated § 81-9-202(12): 
Utah Code Annotated § 81-9-202(12)(a): Each parent shall permit and encourage, during reasonable hours, reasonable and uncensored communications with the minor child, in the form of mail privileges and virtual parent-time if the equipment is reasonably available.
Utah Code Annotated § 81-9-202(12)(b): If the parents cannot agree on whether the equipment is reasonably available, the court shall decide whether the equipment for virtual parent-time is reasonably availableby taking into consideration:
Utah Code Annotated § 81-9-202(12)(b)(i): the best interests of the minor child;
Utah Code Annotated § 81-9-202(12)(b)(ii): each parent's ability to handle any additional expenses for virtual parent-time; and
Utah Code Annotated § 81-9-202(12)(b)(iii): any other factors the court considers material.
Utah Code Annotated § 81-9-202(13): 
Utah Code Annotated § 81-9-202(13)(a): Parental care is presumed to be better care for the minor child than surrogate care.
Utah Code Annotated § 81-9-202(13)(b): The court shall encourage the parties to cooperate in allowing the noncustodial parent, if willing and able to transport the minor child, to provide the child care.
Utah Code Annotated § 81-9-202(13)(c): Child care arrangements existing during the marriage are preferred as are child care arrangements with nominal or no charge.
Utah Code Annotated § 81-9-202(14): Each parent shall:
Utah Code Annotated § 81-9-202(14)(a): provide all surrogate care providers with the name, current address, and telephone number of the other parent; and
Utah Code Annotated § 81-9-202(14)(b): provide the noncustodial parent with the name, current address, and telephone number of all surrogate care providers unless the court for good cause orders otherwise.
Utah Code Annotated § 81-9-202(15): 
Utah Code Annotated § 81-9-202(15)(a): Each parent is entitled to an equal division of major religious holidays celebrated by the parents.
Utah Code Annotated § 81-9-202(15)(b): The parent who celebrates a religious holiday that the other parent does not celebrate shall have the right to be together with the minor child on the religious holiday.
Utah Code Annotated § 81-9-202(16): 81-9-302; 81-9-304 If the minor child is on a different parent-time schedule than a sibling, based on Sections
Utah Code Annotated § 81-9-202(17): 78B-20-201
Utah Code Annotated § 81-9-202(17)(a): 78B-20-201 When one or both parents are servicemembers or contemplating joining a uniformed service, the parents should resolve issues of custodial responsibility in the event of deployment as soon as practicable through reaching a voluntary agreement pursuant to Section
Utah Code Annotated § 81-9-202(17)(b): Service members shall ensure their family care plan reflects orders and agreements entered and filed pursuant to Title 78B, Chapter 20, Uniform Deployed Parents Custody, Parent-time, and Visitation Act.
Utah Code Annotated § 81-9-202(18): A parent shall immediately notify the other parent if:
Utah Code Annotated § 81-9-202(18)(a): the parent resides with an individual or provides an individual with access to the minor child; and
Utah Code Annotated § 81-9-202(18)(b): the parent knows that the individual:
Utah Code Annotated § 81-9-202(18)(b)(i): is required to register as a sex offender or a kidnap offender for an offense against a minor child under Title 77, Chapter 41, Sex and Kidnap Offender Registry;
Utah Code Annotated § 81-9-202(18)(b)(ii): is required to register as a child abuse offender under Title 77, Chapter 43, Child Abuse Offender Registry; or
Utah Code Annotated § 81-9-202(18)(b)(iii): has been convicted of:
Utah Code Annotated § 81-9-202(18)(b)(iii)(A): a child abuse offense under Section 76-5-109, 76-5-109.2, 76-5-109.3, 76-5-114, or 76-5-208;
Utah Code Annotated § 81-9-202(18)(b)(iii)(B): a sexual offense against a minor child under Title 76, Chapter 5, Part 4, Sexual Offenses;
Utah Code Annotated § 81-9-202(18)(b)(iii)(C): an offense for kidnapping or human trafficking of a minor child under Title 76, Chapter 5, Part 3, Kidnapping, Trafficking, and Smuggling;
Utah Code Annotated § 81-9-202(18)(b)(iii)(D): a sexual exploitation offense against a minor child under Title 76, Chapter 5b, Sexual Exploitation Act; or
Utah Code Annotated § 81-9-202(18)(b)(iii)(E): an offense that is substantially similar to an offense under Subsections (18)(b)(iii)(A) through (D).
Utah Code Annotated § 81-9-202(19): 
Utah Code Annotated § 81-9-202(19)(a): For emergency purposes, whenever the minor child travels with a parent, the parent shall provide the following information to the other parent:
Utah Code Annotated § 81-9-202(19)(a)(i): an itinerary of travel dates;
Utah Code Annotated § 81-9-202(19)(a)(ii): destinations;
Utah Code Annotated § 81-9-202(19)(a)(iii): places where the minor child or traveling parent can be reached; and
Utah Code Annotated § 81-9-202(19)(a)(iv): the name and telephone number of an available third person who would be knowledgeable of the minor child's location.
Utah Code Annotated § 81-9-202(19)(b): Unchaperoned travel of a minor child under the age of five years is not recommended.


Utah Code Annotated § 81-9-203 Custody and parent-time proceedings -- Requirements for parenting plan.
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Utah Code Annotated § 81-9-203(1): 81-4-106 In a custody or parent-time proceeding that is not a divorce action, the court may require the parents to attend the mandatory educational course described in Section
Utah Code Annotated § 81-9-203(2): 
Utah Code Annotated § 81-9-203(2)(a): In a proceeding between parents regarding the custody or parent-time for a minor child, the parent shall file and serve a proposed parenting plan at the time of the filing of the parent's original petition or at the time of filing the parent's answer or counterclaim.
Utah Code Annotated § 81-9-203(2)(b): In a proceeding in which a parent seeks to modify custody provisions or a parenting plan, the parent shall file the proposed parenting plan with the petition to modify or the answer or counterclaim to the petition to modify.
Utah Code Annotated § 81-9-203(2)(c): A parent who desires joint legal custody shall file a proposed parenting plan in accordance with this section.
Utah Code Annotated § 81-9-203(3): If a parent files a proposed parenting plan in compliance with this section, the parent may move the court for an order of default to adopt the plan if the other parent fails to file a proposed parenting plan as required by this section.
Utah Code Annotated § 81-9-203(4): A parent may file and serve an amended proposed parenting plan according to the Utah Rules of Civil Procedure.
Utah Code Annotated § 81-9-203(5): The parent submitting a proposed parenting plan shall attach a verified statement that the plan is proposed by that parent in good faith.
Utah Code Annotated § 81-9-203(6): 
Utah Code Annotated § 81-9-203(6)(a): Both parents may submit a parenting plan which has been agreed upon.
Utah Code Annotated § 81-9-203(6)(b): The parents shall attach a verified statement to the parenting plan that is signed by both parents.
Utah Code Annotated § 81-9-203(7): If the parents file inconsistent parenting plans, the court may appoint a guardian ad litem to represent the best interests of the minor child, who may, if necessary, file a separate parenting plan reflecting the best interests of the minor child.
Utah Code Annotated § 81-9-203(8): 
Utah Code Annotated § 81-9-203(8)(a): If a parent is a service member, the parenting plan shall be consistent with Subsection (16).
Utah Code Annotated § 81-9-203(8)(b): If a parent becomes a service member after a parenting plan is adopted, the parents shall amend the existing parenting plan as soon as practical to comply with Subsection (16).
Utah Code Annotated § 81-9-203(9): The objectives of a parenting plan are to:
Utah Code Annotated § 81-9-203(9)(a): provide for the minor child's physical care;
Utah Code Annotated § 81-9-203(9)(b): maintain the minor child's emotional stability;
Utah Code Annotated § 81-9-203(9)(c): provide for the minor child's changing needs as the minor child grows and matures in a way that minimizes the need for future modifications to the parenting plan;
Utah Code Annotated § 81-9-203(9)(d): set forth the authority and responsibilities of each parent with respect to the minor child consistent with the definitions outlined in this chapter;
Utah Code Annotated § 81-9-203(9)(e): minimize the minor child's exposure to harmful parental conflict;
Utah Code Annotated § 81-9-203(9)(f): encourage the parents, where appropriate, to meet the responsibilities to their minor child through agreements in the parenting plan rather than relying on judicial intervention; and
Utah Code Annotated § 81-9-203(9)(g): protect the best interests of the minor child.
Utah Code Annotated § 81-9-203(10): 
Utah Code Annotated § 81-9-203(10)(a): The parenting plan shall contain:
Utah Code Annotated § 81-9-203(10)(a)(i): provisions for resolution of future disputes between the parents, allocation of decision-making authority, and residential provisions for the minor child;
Utah Code Annotated § 81-9-203(10)(a)(ii): provisions addressing notice and parent-time responsibilities in the event of the relocation of a party; and
Utah Code Annotated § 81-9-203(10)(a)(iii): a process for resolving disputes, unless precluded or limited by statute.
Utah Code Annotated § 81-9-203(10)(b): A dispute resolution process under Subsection (10)(a)(iii) may include:
Utah Code Annotated § 81-9-203(10)(b)(i): counseling;
Utah Code Annotated § 81-9-203(10)(b)(ii): mediation or arbitration by a specified individual or agency; or
Utah Code Annotated § 81-9-203(10)(b)(iii): court action.
Utah Code Annotated § 81-9-203(10)(c): In the dispute resolution process under Subsection (10)(b):
Utah Code Annotated § 81-9-203(10)(c)(i): preference shall be given to the provisions in the parenting plan;
Utah Code Annotated § 81-9-203(10)(c)(ii): parents shall use the designated process to resolve disputes relating to implementation of the plan, except those related to financial support, unless an emergency exists;
Utah Code Annotated § 81-9-203(10)(c)(iii): a written record shall be prepared of any agreement reached in counseling or mediation and provided to each party;
Utah Code Annotated § 81-9-203(10)(c)(iv): if arbitration becomes necessary, a written record shall be prepared and a copy of the arbitration award shall be provided to each party;
Utah Code Annotated § 81-9-203(10)(c)(v): if the court finds that a parent has used or frustrated the dispute resolution process without good reason, the court may award attorney fees and financial sanctions to the prevailing parent;
Utah Code Annotated § 81-9-203(10)(c)(vi): the district court has the right of review from the dispute resolution process; and
Utah Code Annotated § 81-9-203(10)(c)(vii): the provisions of this Subsection (10)(c) shall be set forth in any final decree or order.
Utah Code Annotated § 81-9-203(11): 81-9-205
Utah Code Annotated § 81-9-203(11)(a): Subject to the other provisions of this Subsection (11), the parenting plan shall allocate decision-making authority to one or both parties regarding the minor child's education, healthcare, and religious upbringing.
Utah Code Annotated § 81-9-203(11)(b): The parties may incorporate an agreement related to the care and growth of the minor child in these specified areas or in other areas into the plan that are consistent with parenting functions and the criteria outlined in Subsection (9).
Utah Code Annotated § 81-9-203(11)(c): Regardless of the allocation of decision-making in the parenting plan, a parent may make emergency decisions affecting the health or safety of the minor child.
Utah Code Annotated § 81-9-203(11)(d): A minor child's education plan shall designate the following:
Utah Code Annotated § 81-9-203(11)(d)(i): the home residence for purposes of identifying the appropriate school or another specific plan that provides for where the minor child will attend school;
Utah Code Annotated § 81-9-203(11)(d)(ii): which parent has authority to make education decisions for the minor child if the parents cannot agree; and
Utah Code Annotated § 81-9-203(11)(d)(iii): whether one or both parents have access to the minor child during school and authority to check the minor child out of school.
Utah Code Annotated § 81-9-203(11)(e): 81-9-205 If an education provision is not included in the parenting plan:
Utah Code Annotated § 81-9-203(11)(e)(i): a parent with sole physical custody shall make the decisions listed in Subsection (11)(d);
Utah Code Annotated § 81-9-203(11)(e)(ii): 81-9-205 in the event of joint physical custody when one parent has custody a majority of the timeas described in Subsection
Utah Code Annotated § 81-9-203(11)(e)(ii)(A): the parent having the minor child the majority of the time shall make the decisions listed in Subsections (11)(d)(i) and (ii); and
Utah Code Annotated § 81-9-203(11)(e)(ii)(B): both parents with joint physical custody shall have access to the minor child during school and authority to check the child out of school; or
Utah Code Annotated § 81-9-203(11)(e)(iii): in the event of joint physical custody when the parents have custody an equal amount of time:
Utah Code Annotated § 81-9-203(11)(e)(iii)(A): the court shall determine how the decisions listed in Subsections (11)(d)(i) and (ii) are made; and
Utah Code Annotated § 81-9-203(11)(e)(iii)(B): both parents with joint physical custody shall have access to the minor child during school and authority to check the minor child out of school.
Utah Code Annotated § 81-9-203(12): Each parent may make decisions regarding the day-to-day care and control of the minor child while the minor child is residing with that parent.
Utah Code Annotated § 81-9-203(13): When mutual decision-making is designated but cannot be achieved, the parties shall make a good faith effort to resolve the issue through the dispute resolution process.
Utah Code Annotated § 81-9-203(14): The parenting plan shall include a residential schedule that designates in which parent's home a minor child shall reside on given days of the year, including provisions for holidays, birthdays of family members, vacations, and other special occasions.
Utah Code Annotated § 81-9-203(15): 
Utah Code Annotated § 81-9-203(15)(a): If a parent fails to comply with a provision of the parenting plan or a child support order, the other parent's obligations under the parenting plan or the child support order are not affected.
Utah Code Annotated § 81-9-203(15)(b): Failure to comply with a provision of the parenting plan or a child support order may result in a finding of contempt of court.
Utah Code Annotated § 81-9-203(16): 78B-20-201
Utah Code Annotated § 81-9-203(16)(a): If a parent is a service member, the parenting plan shall contain provisions that address the foreseeable parenting and custodial issues likely to arise in the event of notification of deployment or other contingency, including long-term deployments, short-term deployments, death, incapacity, and noncombatant evacuation operations.
Utah Code Annotated § 81-9-203(16)(b): 78B-20-201 The provisions in the parenting plan described in Subsection (16)(a) shall comport substantially with the requirements of an agreement made pursuant to Section


Utah Code Annotated § 81-9-204 Custody and parent-time of a minor child -- Custody factors  -- Preferences.
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Utah Code Annotated § 81-9-204(1): In a proceeding between parents in which the custody and parent-time of a minor child is at issue, the court shall consider the best interests of the minor child in determining any form of custody and parent-time.
Utah Code Annotated § 81-9-204(2): The court shall determine whether an order for custody or parent-time is in the best interests of the minor child by a preponderance of the evidence.
Utah Code Annotated § 81-9-204(3): (1) In determining any form of custody and parent-time under Subsection
Utah Code Annotated § 81-9-204(3)(a): for each parent, and in accordance with Section 81-9-104, evidence of domestic violence, physical abuse, or sexual abuse involving the minor child, the parent, or a household member of the parent;
Utah Code Annotated § 81-9-204(3)(b): whether the parent has intentionally exposed the minor child to pornography or material harmful to minors, as "material" and "harmful to minors" are defined in Section 76-10-1201; and
Utah Code Annotated § 81-9-204(3)(c): whether custody and parent-time would endanger the minor child's health or physical or psychological safety.
Utah Code Annotated § 81-9-204(4): (9) In determining the form of custody and parent-time that is in the best interests of the minor child, the court may consider, among other factors the court finds relevant, the following for each parent:
Utah Code Annotated § 81-9-204(4)(a): evidence of psychological maltreatment;
Utah Code Annotated § 81-9-204(4)(b): the parent's demonstrated understanding of, responsiveness to, and ability to meet the developmental needs of the minor child, including the minor child's:
Utah Code Annotated § 81-9-204(4)(b)(i): physical needs;
Utah Code Annotated § 81-9-204(4)(b)(ii): emotional needs;
Utah Code Annotated § 81-9-204(4)(b)(iii): educational needs;
Utah Code Annotated § 81-9-204(4)(b)(iv): medical needs; and
Utah Code Annotated § 81-9-204(4)(b)(v): any special needs;
Utah Code Annotated § 81-9-204(4)(c): the parent's capacity and willingness to function as a parent, including:
Utah Code Annotated § 81-9-204(4)(c)(i): parenting skills;
Utah Code Annotated § 81-9-204(4)(c)(ii): co-parenting skills, including:
Utah Code Annotated § 81-9-204(4)(c)(ii)(A): ability to appropriately communicate with the other parent;
Utah Code Annotated § 81-9-204(4)(c)(ii)(B): ability to encourage the sharing of love and affection; and
Utah Code Annotated § 81-9-204(4)(c)(ii)(C): willingness to allow frequent and continuous contact between the minor child and the other parent, except that, if the court determines that the parent is acting to protect the minor child from domestic violence, neglect, or abuse, the parent's protective actions may be taken into consideration; and
Utah Code Annotated § 81-9-204(4)(c)(iii): ability to provide personal care rather than surrogate care;
Utah Code Annotated § 81-9-204(4)(d): (9) the past conduct and demonstrated moral character of the parent as described in Subsection
Utah Code Annotated § 81-9-204(4)(e): the emotional stability of the parent;
Utah Code Annotated § 81-9-204(4)(f): the parent's inability to function as a parent because of drug abuse, excessive drinking, or other causes;
Utah Code Annotated § 81-9-204(4)(g): the parent's reason for having relinquished custody or parent-time in the past;
Utah Code Annotated § 81-9-204(4)(h): duration and depth of desire for custody or parent-time;
Utah Code Annotated § 81-9-204(4)(i): the parent's religious compatibility with the minor child;
Utah Code Annotated § 81-9-204(4)(j): the parent's financial responsibility;
Utah Code Annotated § 81-9-204(4)(k): the child's interaction and relationship with step-parents, extended family members of other individuals who may significantly affect the minor child's best interests;
Utah Code Annotated § 81-9-204(4)(l): who has been the primary caretaker of the minor child;
Utah Code Annotated § 81-9-204(4)(m): previous parenting arrangements in which the minor child has been happy and well-adjusted in the home, school, and community;
Utah Code Annotated § 81-9-204(4)(n): the relative benefit of keeping siblings together;
Utah Code Annotated § 81-9-204(4)(o): the stated wishes and concerns of the minor child, taking into consideration the minor child's cognitive ability and emotional maturity;
Utah Code Annotated § 81-9-204(4)(p): the relative strength of the minor child's bond with the parent, meaning the depth, quality, and nature of the relationship between the parent and the minor child; and
Utah Code Annotated § 81-9-204(4)(q): any other factor the court finds relevant.
Utah Code Annotated § 81-9-204(5): 
Utah Code Annotated § 81-9-204(5)(a): A minor child may not be required by either party to testify unless the trier of fact determines that extenuating circumstances exist that would necessitate the testimony of the minor child be heard and there is no other reasonable method to present the minor child's testimony.
Utah Code Annotated § 81-9-204(5)(b): 
Utah Code Annotated § 81-9-204(5)(b)(i): The court may inquire and take into consideration the minor child's desires regarding future custody or parent-time schedules, but the expressed desires are not controlling and the court may determine the minor child's custody or parent-time otherwise.
Utah Code Annotated § 81-9-204(5)(b)(ii): The desires of a minor child who is 14 years old or older shall be given added weight, but is not the single controlling factor.
Utah Code Annotated § 81-9-204(5)(c): 
Utah Code Annotated § 81-9-204(5)(c)(i): If an interview with a minor child is conducted by the court in accordance with Subsection (5)(b), the interview shall be conducted by the court in camera.
Utah Code Annotated § 81-9-204(5)(c)(ii): The prior consent of the parties may be obtained but is not necessary if the court finds that an interview with a minor child is the only method to ascertain the minor child's desires regarding custody.
Utah Code Annotated § 81-9-204(6): 57-21-2
Utah Code Annotated § 81-9-204(6)(a): 57-21-2 Except as provided in Subsection (6)(b), a court may not discriminate against a parent due to a disability, as defined in Section
Utah Code Annotated § 81-9-204(6)(b): The court may not consider the disability of a parent as a factor in awarding custody or modifying an award of custody based on a determination of a substantial change in circumstances, unless the court makes specific findings that:
Utah Code Annotated § 81-9-204(6)(b)(i): the disability significantly or substantially inhibits the parent's ability to provide for the physical and emotional needs of the minor child at issue; and
Utah Code Annotated § 81-9-204(6)(b)(ii): the parent with a disability lacks sufficient human, monetary, or other resources available to supplement the parent's ability to provide for the physical and emotional needs of the minor child at issue.
Utah Code Annotated § 81-9-204(6)(c): Nothing in this section may be construed to apply to adoption proceedings under Title 78B, Chapter 6, Part 1, Utah Adoption Act.
Utah Code Annotated § 81-9-204(7): This section does not establish:
Utah Code Annotated § 81-9-204(7)(a): a preference for either parent solely because of the gender of the parent; or
Utah Code Annotated § 81-9-204(7)(b): a preference for or against joint physical custody or sole physical custody, but allows the court and the family the widest discretion to choose a parenting plan that is in the best interest of the minor child.
Utah Code Annotated § 81-9-204(8): 78B-20-306; 78B-20-309 When an issue before the court involves custodial responsibility in the event of a deployment of a parent who is a service member and the service member has not yet been notified of deployment, the court shall resolve the issue based on the standards in Sections
Utah Code Annotated § 81-9-204(9): 58-37-3.7; 4-41a-102; 26B-4-201; 26B-4-201 In considering the past conduct and demonstrated moral standards of each party under Subsection (4)(d) or any other factor a court finds relevant, the court may not:
Utah Code Annotated § 81-9-204(9)(a): 58-37-3.7; 4-41a-102; 26B-4-201; 26B-4-201
Utah Code Annotated § 81-9-204(9)(a)(i): 58-37-3.7 consider or treat a parent's lawful possession or use of cannabis in a medicinal dosage form, a cannabis product in a medicinal dosage form, or a medical cannabis device, in accordance with Title 4, Chapter 41a, Cannabis Production Establishments and Pharmacies, Title 26B, Chapter 4, Part 2, Cannabinoid Research and Medical Cannabis, or Subsection
Utah Code Annotated § 81-9-204(9)(a)(ii): 4-41a-102; 26B-4-201; 26B-4-201 discriminate against a parent because of the parent's status as a:
Utah Code Annotated § 81-9-204(9)(a)(ii)(A): 4-41a-102 cannabis production establishment agent, as that term is defined in Section
Utah Code Annotated § 81-9-204(9)(a)(ii)(B): 26B-4-201 medical cannabis pharmacy agent, as that term is defined in Section
Utah Code Annotated § 81-9-204(9)(a)(ii)(C): 26B-4-201 medical cannabis courier agent, as that term is defined in Section
Utah Code Annotated § 81-9-204(9)(a)(ii)(D): medical cannabis cardholder in accordance with Title 26B, Chapter 4, Part 2, Cannabinoid Research and Medical Cannabis; or
Utah Code Annotated § 81-9-204(9)(b): discriminate against a parent based upon the parent's agreement or disagreement with a minor child of the couple's:
Utah Code Annotated § 81-9-204(9)(b)(i): assertion that the minor child's gender identity is different from the minor child's biological sex; or
Utah Code Annotated § 81-9-204(9)(b)(ii): practice of having or expressing a different gender identity than the minor child's biological sex.
Utah Code Annotated § 81-9-204(10): 81-9-209
Utah Code Annotated § 81-9-204(10)(a): The court shall consider evidence of domestic violence if evidence of domestic violence is presented.
Utah Code Annotated § 81-9-204(10)(b): The court shall consider as primary, the safety and well-being of the minor child and the parent who experiences domestic violence.
Utah Code Annotated § 81-9-204(10)(c): A court shall consider an order issued by a court in accordance with Title 78B, Chapter 7, Part 6, Cohabitant Abuse Protective Orders, as evidence of real harm or substantiated potential harm to the minor child.
Utah Code Annotated § 81-9-204(10)(d): 81-9-209 If a parent relocates because of an act of domestic violence or family violence by the other parent, the court shall make specific findings and orders with regards to the application of Section
Utah Code Annotated § 81-9-204(11): Absent a showing by a preponderance of evidence of real harm or substantiated potential harm to the minor child:
Utah Code Annotated § 81-9-204(11)(a): it is in the best interest of the minor child to have frequent, meaningful, and continuing access to each parent following separation or divorce;
Utah Code Annotated § 81-9-204(11)(b): each parent is entitled to and responsible for frequent, meaningful, and continuing access with the parent's minor child consistent with the minor child's best interests; and
Utah Code Annotated § 81-9-204(11)(c): it is in the best interest of the minor child to have both parents actively involved in parenting the minor child.
Utah Code Annotated § 81-9-204(12): Notwithstanding any other provision of this chapter, the court may not grant custody or parent-time of a minor child to a parent convicted of a sexual offense, as defined in Section 77-37-2, that resulted in the conception of the minor child unless:
Utah Code Annotated § 81-9-204(12)(a): the nonconvicted biological parent, or the legal guardian of the minor child, consents to custody or parent-time and the court determines it is in the best interest of the minor child to award custody or parent-time to the convicted parent; or
Utah Code Annotated § 81-9-204(12)(b): after the date of the conviction, the convicted parent and the nonconvicted parent cohabit and establish a mutual custodial environment for the minor child.
Utah Code Annotated § 81-9-204(13): A denial of custody or parent-time under Subsection (12) does not:
Utah Code Annotated § 81-9-204(13)(a): terminate the parental rights of the parent denied parent-time or custody; or
Utah Code Annotated § 81-9-204(13)(b): affect the obligation of the convicted parent to financially support the minor child.


Utah Code Annotated § 81-9-205 Presumption of joint legal custody -- Joint custody factors -- Order for joint custody.
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Utah Code Annotated § 81-9-205(1): 81-9-203; 81-9-204 The court may order joint legal custody or joint physical custody or both joint legal custody and joint physical custody if:
Utah Code Annotated § 81-9-205(1)(a): 81-9-203 one or both parents have filed a parenting plan as described in Section
Utah Code Annotated § 81-9-205(1)(b): 81-9-204 the court determines that, by a preponderance of the evidence, joint legal custody or joint physical custody or both joint legal custody and joint physical custody is in the best interest of the minor child in accordance with Subsection (5) and Section
Utah Code Annotated § 81-9-205(2): 81-9-204
Utah Code Annotated § 81-9-205(2)(a): 81-9-204 There is a rebuttable presumption that joint legal custody is in the best interest of the minor child, except in cases when there is:
Utah Code Annotated § 81-9-205(2)(a)(i): evidence of domestic violence, neglect, physical abuse, sexual abuse, or emotional abuse involving the minor child, a parent, or a household member of the parent in accordance with Section 81-9-104;
Utah Code Annotated § 81-9-205(2)(a)(ii): special physical or mental needs of a parent or minor child, making joint legal custody unreasonable;
Utah Code Annotated § 81-9-205(2)(a)(iii): physical distance between the residences of the parents, making joint decision making impractical in certain circumstances; or
Utah Code Annotated § 81-9-205(2)(a)(iv): 81-9-204 any other factor the court considers relevant, including the factors described in Subsection (5) and Section
Utah Code Annotated § 81-9-205(2)(b): A presumption for joint legal custody may be rebutted by showing by a preponderance of the evidence that it is not in the best interest of the minor child.
Utah Code Annotated § 81-9-205(3): 
Utah Code Annotated § 81-9-205(3)(a): Joint legal custody does not affect the physical custody of the minor child except as specified in the order of joint legal custody.
Utah Code Annotated § 81-9-205(3)(b): Joint legal custody is not based on awarding equal or nearly equal periods of physical custody of and access to the minor child to each of the parents because the best interest of the minor child often requires that a primary physical residence for the minor child be designated.
Utah Code Annotated § 81-9-205(3)(c): In ordering joint legal custody, the court:
Utah Code Annotated § 81-9-205(3)(c)(i): may include an award of exclusive authority by the court to one parent to make specific decisions regarding the minor child; and
Utah Code Annotated § 81-9-205(3)(c)(ii): is not prohibited from specifying one parent as the primary caretaker and one home as the primary residence of the minor child.
Utah Code Annotated § 81-9-205(4): 
Utah Code Annotated § 81-9-205(4)(a): Joint physical custody may result in equal or nearly equal periods of physical custody of and access to the minor child by each of the parents to meet the best interest of the minor child.
Utah Code Annotated § 81-9-205(4)(b): Joint physical custody may require that a physical residence for the minor child be designated.
Utah Code Annotated § 81-9-205(4)(c): In ordering joint physical custody, the court is not prohibited from specifying one parent as the primary caretaker and one home as the primary residence of the minor child.
Utah Code Annotated § 81-9-205(5): 81-9-204 In addition to the factors described in Section
Utah Code Annotated § 81-9-205(5)(a): whether the physical, psychological, and emotional needs and development of the minor child will benefit from joint legal custody or joint physical custody or both joint legal custody and joint physical custody;
Utah Code Annotated § 81-9-205(5)(b): the ability of the parents to give first priority to the welfare of the minor child and reach shared decisions in the minor child's best interest;
Utah Code Annotated § 81-9-205(5)(c): co-parenting skills, including:
Utah Code Annotated § 81-9-205(5)(c)(i): ability to appropriately communicate with the other parent;
Utah Code Annotated § 81-9-205(5)(c)(ii): ability to encourage the sharing of love and affection; and
Utah Code Annotated § 81-9-205(5)(c)(iii): willingness to allow frequent and continuous contact between the minor child and the other parent, except that, if the court determines that the parent is acting to protect the minor child from domestic violence, neglect, or abuse, the parent's protective actions may be taken into consideration;
Utah Code Annotated § 81-9-205(5)(d): whether both parents participated in raising the minor child before the divorce;
Utah Code Annotated § 81-9-205(5)(e): the geographical proximity of the homes of the parents;
Utah Code Annotated § 81-9-205(5)(f): the preference of the minor child if the minor child is of sufficient age and capacity to reason so as to form an intelligent preference as to joint legal custody or joint physical custody or both joint legal custody and joint physical custody;
Utah Code Annotated § 81-9-205(5)(g): the maturity of the parents and their willingness and ability to protect the minor child from conflict that may arise between the parents;
Utah Code Annotated § 81-9-205(5)(h): the past and present ability of the parents to cooperate with each other and make decisions jointly; and
Utah Code Annotated § 81-9-205(5)(i): any other factor the court finds relevant.
Utah Code Annotated § 81-9-205(6): The court shall inform both parties that an order for joint physical custody may preclude eligibility for cash assistance provided under Title 35A, Chapter 3, Employment Support Act.
Utah Code Annotated § 81-9-205(7): An order of joint legal custody or joint physical custody shall provide terms the court determines appropriate, which may include specifying:
Utah Code Annotated § 81-9-205(7)(a): the county of residence of the minor child, until altered by further order of the court, or the custodian who has the sole legal right to determine the residence of the minor child;
Utah Code Annotated § 81-9-205(7)(b): that the parents shall exchange information concerning the health, education, and welfare of the minor child, and where possible, confer before making decisions concerning any of these areas;
Utah Code Annotated § 81-9-205(7)(c): the rights and duties of each parent regarding the minor child's present and future physical care, support, and education;
Utah Code Annotated § 81-9-205(7)(d): provisions to minimize disruption of the minor child's attendance at school and other activities, the minor child's daily routine, and the minor child's association with friends; and
Utah Code Annotated § 81-9-205(7)(e): as necessary, the remaining parental rights, privileges, duties, and powers to be exercised by the parents solely, concurrently, or jointly.
Utah Code Annotated § 81-9-205(8): 81-9-203 An order of joint legal custody or joint physical custody shall require the parenting plan contain a dispute resolution procedure that the parties agree to use:
Utah Code Annotated § 81-9-205(8)(a): 81-9-203 in accordance with Subsection
Utah Code Annotated § 81-9-205(8)(b): before seeking enforcement or modification of the terms and conditions of the order of joint legal custody or joint physical custody through litigation, except in emergency situations requiring ex parte orders to protect the minor child.
Utah Code Annotated § 81-9-205(9): 81-9-203 The court shall, where possible, include in the order the terms of the parenting plan provided in accordance with Section
Utah Code Annotated § 81-9-205(10): Any parental rights not specifically addressed by the court order may be exercised by the parent having physical custody of the minor child the majority of the time.
Utah Code Annotated § 81-9-205(11): 81-6-101 The appointment of joint legal or physical custodians does not impair or limit the authority of the court to order support of the child, as defined in Section
Utah Code Annotated § 81-9-205(12): An order of joint legal custody, in itself, is not grounds for modifying a support order.
Utah Code Annotated § 81-9-205(13): The court may order that when possible the parties attempt to settle future disputes by a dispute resolution method before seeking enforcement or modification of the terms and conditions of the order of joint legal custody or joint physical custody through litigation, except in emergency situations requiring ex parte orders to protect the minor child.


Utah Code Annotated § 81-9-206 Determination of parent-time schedule -- Parent-time factors.
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Utah Code Annotated § 81-9-206(1): If the parties are unable to agree on a parent-time schedule, the court may:
Utah Code Annotated § 81-9-206(1)(a): establish a parent-time schedule; or
Utah Code Annotated § 81-9-206(1)(b): order a parent-time schedule described in Part 3, Parent-time Schedules.
Utah Code Annotated § 81-9-206(2): 81-9-202 There is a presumption that the advisory guidelines described in Section
Utah Code Annotated § 81-9-206(3): 81-9-104 In accordance with Section
Utah Code Annotated § 81-9-206(3)(a): evidence of domestic violence, physical abuse, or sexual abuse involving the minor child, a parent, or a household member of the parent; and
Utah Code Annotated § 81-9-206(3)(b): whether parent-time would endanger the minor child's health or physical or psychological safety.
Utah Code Annotated § 81-9-206(4): A court may consider the following when ordering a parent-time schedule:
Utah Code Annotated § 81-9-206(4)(a): evidence of psychological maltreatment;
Utah Code Annotated § 81-9-206(4)(b): the distance between the residency of the minor child and the noncustodial parent;
Utah Code Annotated § 81-9-206(4)(c): the lack of demonstrated parenting skills without safeguards to ensure the minor child's well-being during parent-time;
Utah Code Annotated § 81-9-206(4)(d): the financial inability of the noncustodial parent to provide adequate food and shelter for the minor child during periods of parent-time;
Utah Code Annotated § 81-9-206(4)(e): the preference of the minor child if the court determines the minor child is of sufficient maturity;
Utah Code Annotated § 81-9-206(4)(f): the incarceration of the noncustodial parent in a county jail, secure youth corrections facility, or an adult corrections facility;
Utah Code Annotated § 81-9-206(4)(g): shared interests between the minor child and the noncustodial parent;
Utah Code Annotated § 81-9-206(4)(h): the involvement or lack of involvement of the noncustodial parent in the school, community, religious, or other related activities of the minor child;
Utah Code Annotated § 81-9-206(4)(i): the availability of the noncustodial parent to care for the minor child when the custodial parent is unavailable to do so because of work or other circumstances;
Utah Code Annotated § 81-9-206(4)(j): a substantial and chronic pattern of missing, canceling, or denying regularly scheduled parent-time;
Utah Code Annotated § 81-9-206(4)(k): the minimal duration of and lack of significant bonding in the parents' relationship before the conception of the minor child;
Utah Code Annotated § 81-9-206(4)(l): the parent-time schedule of siblings;
Utah Code Annotated § 81-9-206(4)(m): the lack of reasonable alternatives to the needs of a nursing minor child; and
Utah Code Annotated § 81-9-206(4)(nn): any other criteria the court determines relevant to the best interests of the minor child.
Utah Code Annotated § 81-9-206(5): 81-9-302; 81-9-304; 81-9-302; 81-9-304 The court shall enter the reasons underlying the court's order for parent-time that:
Utah Code Annotated § 81-9-206(5)(a): 81-9-302; 81-9-304 incorporates a parent-time schedule described in Section
Utah Code Annotated § 81-9-206(5)(b): 81-9-302; 81-9-304 provides more or less parent-time than a parent-time schedule described in Section
Utah Code Annotated § 81-9-206(6): 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 minor child.
Utah Code Annotated § 81-9-206(7): Once the parent-time schedule has been established, the parties may not alter the parent-time schedule except by mutual consent of the parties or a court order.
Utah Code Annotated § 81-9-206(8): 
Utah Code Annotated § 81-9-206(8)(a): If the court orders parent-time and a protective order or stalking injunction is still in place, the court shall consider whether to order the parents to conduct parent-time pick-up and transfer through a third party.
Utah Code Annotated § 81-9-206(8)(b): The parent who is the stated victim in the protective order or stalking injunction may submit to the court, and the court shall consider, the name of a person considered suitable to act as the third party.
Utah Code Annotated § 81-9-206(8)(c): If the court orders the parents to conduct parent-time through a third party, the parenting plan shall specify the time, day, place, manner, and the third party to be used to implement the exchange.
Utah Code Annotated § 81-9-206(9): If there is a protective order, stalking injunction, or the court finds that a parent has committed domestic violence, the court shall:
Utah Code Annotated § 81-9-206(9)(a): consider the impact of domestic violence in awarding parent-time; and
Utah Code Annotated § 81-9-206(9)(b): make specific findings regarding the award of parent-time.
Utah Code Annotated § 81-9-206(10): Upon a specific finding by the court of the need for peace officer enforcement, the court may include a provision in an order for parent-time that authorizes a peace officer to enforce the order for parent-time.
Utah Code Annotated § 81-9-206(11): When parent-time has not taken place for an extended period of time and the minor child lacks an appropriate bond with the noncustodial parent, both parents shall consider the possible adverse effects upon the minor child and gradually reintroduce an appropriate parent-time plan for the noncustodial parent.


Utah Code Annotated § 81-9-207 Supervised parent-time.
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Utah Code Annotated § 81-9-207(1): 81-9-104; 76-5-109; 76-5-109.2; 76-5-109.3; 76-5-114; 80-1-102 If it is necessary to protect a minor child and there is no less restrictive means reasonably available, and in accordance with Section
Utah Code Annotated § 81-9-207(2): If the court finds evidence of domestic violence, child abuse, or an ongoing risk to a child, and orders supervised parent-time, the court shall give preference to supervision by a professional individual or private agency trained in child abuse reporting laws, the developmental needs of a child, and the dynamics of domestic violence, child abuse, sexual abuse, and substance abuse.
Utah Code Annotated § 81-9-207(3): (2) If a professional individual or private agency described in Subsection
Utah Code Annotated § 81-9-207(3)(a): capable and willing to provide physical and psychological safety and security to the minor child, and to assist in the avoidance and prevention of domestic and family violence; and
Utah Code Annotated § 81-9-207(3)(b): is trained in child abuse reporting laws, the developmental needs of a child, and the dynamics of domestic violence, child abuse, sexual abuse, and substance abuse.
Utah Code Annotated § 81-9-207(4): If an individual described in Subsection (2) or (3) is not available, affordable, or practicable under the circumstances, or if the court does not find evidence of domestic violence, child abuse, or an ongoing risk to a minor child, a court may order supervised parent-time that is supervised by an individual who is willing to supervise, and is capable of protecting the minor child from physical or emotional harm, or child abuse, and the court shall give preference to individuals suggested by the parties, including relatives.
Utah Code Annotated § 81-9-207(5): At the time supervised parent-time is imposed, the court shall consider:
Utah Code Annotated § 81-9-207(5)(a): whether the cost of professional or agency services is likely to prevent the noncustodial parent from exercising parent-time; and
Utah Code Annotated § 81-9-207(5)(b): whether the requirement for supervised parent-time should expire after a set period of time.
Utah Code Annotated § 81-9-207(6): 
Utah Code Annotated § 81-9-207(6)(a): Except when the court makes a finding that, due to abuse by or the incapacity of the noncustodial parent, supervised parent-time will be necessary indefinitely to ensure the physical or psychological safety and protection of the minor child, the court shall, in its order for supervised parent-time, provide specific goals and expectations for the noncustodial parent to accomplish before unsupervised parent-time may be granted.
Utah Code Annotated § 81-9-207(6)(b): The court shall schedule one or more follow-up hearings to revisit the issue of supervised parent-time.
Utah Code Annotated § 81-9-207(7): (6) A noncustodial parent may, at any time, petition the court to modify the order for supervised parent-time if the noncustodial parent can demonstrate that the specific goals and expectations set by the court as described in Subsection


Utah Code Annotated § 81-9-208 Modification or termination of a custody or parent-time order -- Noncompliance with a parent-time order.
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Utah Code Annotated § 81-9-208(1): The court has continuing jurisdiction to make subsequent changes to modify:
Utah Code Annotated § 81-9-208(1)(a): custody of a minor child if there is a showing of a substantial and material change in circumstances since the entry of the order; and
Utah Code Annotated § 81-9-208(1)(b): parent-time for a minor child if there is a showing that there is a change in circumstances since the entry of the order.
Utah Code Annotated § 81-9-208(2): 76-5-109; 76-5-109.2; 76-5-109.3; 76-5-114; 76-5-208 A substantial and material change in circumstances under Subsection (1)(a) includes a showing by a parent that the other parent:
Utah Code Annotated § 81-9-208(2)(a): resides with an individual or provides an individual with access to the minor child; and
Utah Code Annotated § 81-9-208(2)(b): 76-5-109; 76-5-109.2; 76-5-109.3; 76-5-114; 76-5-208 knows that the individual:
Utah Code Annotated § 81-9-208(2)(b)(i): is required to register as a sex offender or a kidnap offender for an offense against a minor child under Title 77, Chapter 41, Sex and Kidnap Offender Registry;
Utah Code Annotated § 81-9-208(2)(b)(ii): is required to register as a child abuse offender under Title 77, Chapter 43, Child Abuse Offender Registry; or
Utah Code Annotated § 81-9-208(2)(b)(iii): 76-5-109; 76-5-109.2; 76-5-109.3; 76-5-114; 76-5-208 has been convicted of:
Utah Code Annotated § 81-9-208(2)(b)(iii)(A): 76-5-109; 76-5-109.2; 76-5-109.3; 76-5-114; 76-5-208 a child abuse offense under Section
Utah Code Annotated § 81-9-208(2)(b)(iii)(B): a sexual offense against a minor child under Title 76, Chapter 5, Part 4, Sexual Offenses;
Utah Code Annotated § 81-9-208(2)(b)(iii)(C): an offense for kidnapping or human trafficking of a minor child under Title 76, Chapter 5, Part 3, Kidnapping, Trafficking, and Smuggling;
Utah Code Annotated § 81-9-208(2)(b)(iii)(D): a sexual exploitation offense against a minor child under Title 76, Chapter 5b, Sexual Exploitation Act; or
Utah Code Annotated § 81-9-208(2)(b)(iii)(E): an offense that is substantially similar to an offense under Subsections (2)(b)(iii)(A) through (D).
Utah Code Annotated § 81-9-208(3): 81-9-205; 81-9-205 On the petition of one or both of the parents, or the joint legal or physical custodians if they are not the parents, the court may, after a hearing, modify or terminate an order that established joint legal custody or joint physical custody if:
Utah Code Annotated § 81-9-208(3)(a): the verified petition or accompanying affidavit initially alleges that admissible evidence will show that there has been a substantial and material change in the circumstances of the minor child or one or both parents or joint legal or physical custodians since the entry of the order to be modified;
Utah Code Annotated § 81-9-208(3)(b): a modification of the terms and conditions of the order would be an improvement for and in the best interest of the minor child; and
Utah Code Annotated § 81-9-208(3)(c): 81-9-205; 81-9-205
Utah Code Annotated § 81-9-208(3)(c)(i): 81-9-205 both parents have complied in good faith with the dispute resolution procedure in accordance with Subsection
Utah Code Annotated § 81-9-208(3)(c)(ii): 81-9-205 if no dispute resolution procedure is contained in the order that established joint legal custody or joint physical custody, the court orders the parents to participate in a dispute resolution procedure in accordance with Subsection
Utah Code Annotated § 81-9-208(4): 81-9-204; 81-9-205
Utah Code Annotated § 81-9-208(4)(a): 81-9-204; 81-9-205 In determining whether the best interest of a minor child will be served by either modifying or terminating the joint legal custody or joint physical custody order, the court shall, in addition to other factors the court considers relevant, consider the factors described in Sections
Utah Code Annotated § 81-9-208(4)(b): A court order modifying or terminating an existing joint legal custody or joint physical custody order shall contain written findings that:
Utah Code Annotated § 81-9-208(4)(b)(i): a substantial and material change of circumstance has occurred; and
Utah Code Annotated § 81-9-208(4)(b)(ii): a modification of the terms and conditions of the order would be an improvement for and in the best interest of the minor child.
Utah Code Annotated § 81-9-208(4)(c): The court shall give substantial weight to the existing joint legal custody or joint physical custody order when the minor child is thriving, happy, and well-adjusted.
Utah Code Annotated § 81-9-208(5): 81-9-204 The court shall, in every case regarding a petition for termination of a joint legal custody or joint physical custody order, consider reasonable alternatives to preserve the existing order in accordance with Section
Utah Code Annotated § 81-9-208(6): 81-9-203 The court may modify the terms and conditions of the existing order in accordance with this chapter and may order the parents to file a parenting plan in accordance with Section
Utah Code Annotated § 81-9-208(7): 81-9-203 A parent requesting a modification from sole custody to joint legal custody or joint physical custody or both, or any other type of shared parenting arrangement, shall file and serve a proposed parenting plan with the petition to modify in accordance with Section
Utah Code Annotated § 81-9-208(8): 78B-20-306; 78B-20-309 If an issue before the court involves custodial responsibility in the event of deployment of one or both parents who are service members, and the service member has not yet been notified of deployment, the court shall resolve the issue based on the standards in Sections
Utah Code Annotated § 81-9-208(9): If the court finds that an action to modify custody or parent-time is filed or answered frivolously and, in a manner, designed to harass the other party, the court shall assess attorney fees as costs against the offending party.
Utah Code Annotated § 81-9-208(10): If a petition to modify custody or parent-time provisions of a court order is made and denied, the court shall order the petitioner to pay the reasonable attorney fees expended by the prevailing party in that action if the court determines that the petition was without merit and not asserted or defended against in good faith.
Utah Code Annotated § 81-9-208(11): If a motion or petition alleges noncompliance with a parent-time order by a parent, or a visitation order by a grandparent or other member of the immediate family where a visitation or parent-time right has been previously granted by the court, the court:
Utah Code Annotated § 81-9-208(11)(a): may award to the prevailing party:
Utah Code Annotated § 81-9-208(11)(a)(i): actual attorney fees incurred;
Utah Code Annotated § 81-9-208(11)(a)(ii): the costs incurred by the prevailing party because of the other party's failure to provide or exercise court-ordered visitation or parent-time, including:
Utah Code Annotated § 81-9-208(11)(a)(ii)(A): court costs;
Utah Code Annotated § 81-9-208(11)(a)(ii)(B): child care expenses;
Utah Code Annotated § 81-9-208(11)(a)(ii)(C): transportation expenses actually incurred;
Utah Code Annotated § 81-9-208(11)(a)(ii)(D): lost wages, if ascertainable; or
Utah Code Annotated § 81-9-208(11)(a)(ii)(E): counseling for a parent or a minor child if ordered or approved by the court; or
Utah Code Annotated § 81-9-208(11)(a)(iii): any other appropriate equitable remedy; and
Utah Code Annotated § 81-9-208(11)(b): shall award reasonable make-up parent-time to the prevailing party, unless make-up parent-time is not in the best interest of the minor child.


Utah Code Annotated § 81-9-209 Notice of relocation -- Effect of relocation on parent-time schedule.
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Utah Code Annotated § 81-9-209(1): As used in this section, "relocation" means moving 150 miles or more from the residence of the other parent.
Utah Code Annotated § 81-9-209(2): The relocating parent shall provide written notice to the other parent at least 60 days before the day on which the relocating parent intends to relocate.
Utah Code Annotated § 81-9-209(3): The written notice of relocation under Subsection (2) shall contain statements affirming :
Utah Code Annotated § 81-9-209(3)(a): the parent-time provisions in Subsection (9) or a parent-time schedule approved by both parties will be followed; and
Utah Code Annotated § 81-9-209(3)(b): that a parent will not interfere with the other's parental rights pursuant to court ordered parent-time arrangements or the parent-time schedule approved by both parties.
Utah Code Annotated § 81-9-209(4): 81-8-302; 81-8-304 The court shall, upon motion of any party or upon the court's own motion, schedule a hearing with notice to:
Utah Code Annotated § 81-9-209(4)(a): 81-8-302; 81-8-304 review the notice of relocation and the relevant parent-time schedule under Section
Utah Code Annotated § 81-9-209(4)(b): make appropriate orders regarding the parent-time schedule and costs for parent-time transportation.
Utah Code Annotated § 81-9-209(5): In a hearing to review the notice of relocation, the court shall, in determining if the relocation of a custodial parent is in the best interest of the minor child, consider any other factors that the court considers relevant to the determination.
Utah Code Annotated § 81-9-209(6): If the court determines that relocation is not in the best interest of the minor child, and the custodial parent relocates, the court may order a change of custody.
Utah Code Annotated § 81-9-209(7): 
Utah Code Annotated § 81-9-209(7)(a): If the court finds that the relocation is in the best interest of the minor child, the court shall determine the parent-time schedule and allocate the transportation costs that will be incurred for the minor child to visit the noncustodial parent.
Utah Code Annotated § 81-9-209(7)(b): In making a determination under Subsection (7)(a), the court shall consider:
Utah Code Annotated § 81-9-209(7)(b)(i): the reason for the parent's relocation;
Utah Code Annotated § 81-9-209(7)(b)(ii): the additional costs or difficulty to both parents in exercising parent-time;
Utah Code Annotated § 81-9-209(7)(b)(iii): the economic resources of both parents; and
Utah Code Annotated § 81-9-209(7)(b)(iv): other factors the court considers necessary and relevant.
Utah Code Annotated § 81-9-209(8): If a parent relocates because of an act of domestic violence or family violence by the other parent, the court shall make specific findings and orders with regard to the application of this section.
Utah Code Annotated § 81-9-209(9): Unless otherwise ordered by the court, upon the relocation of one of the parties, the following schedule is the minimum parent-time the noncustodial parent is entitled to a minor child who is five to 18 years old:
Utah Code Annotated § 81-9-209(9)(a): in years ending in an odd number, the minor child shall spend the following holidays with the noncustodial parent:
Utah Code Annotated § 81-9-209(9)(a)(i): Thanksgiving holiday beginning Wednesday until Sunday; and
Utah Code Annotated § 81-9-209(9)(a)(ii): Spring break, if applicable, beginning the last day of school before the holiday until the day before school resumes;
Utah Code Annotated § 81-9-209(9)(b): in years ending in an even number, the minor child shall spend the following holidays with the noncustodial parent:
Utah Code Annotated § 81-9-209(9)(b)(i): the entire winter school break period; and
Utah Code Annotated § 81-9-209(9)(b)(ii): the Fall school break beginning the last day of school before the holiday until the day before school resumes;
Utah Code Annotated § 81-9-209(9)(c): extended parent-time equal to 1/2 of the summer or off-track time for consecutive weeks; and
Utah Code Annotated § 81-9-209(9)(d): one weekend per month, at the option and expense of the noncustodial parent.
Utah Code Annotated § 81-9-209(10): For extended parent-time under Subsection (9)(c), the minor child should be returned to the custodial home no later than seven days before school begins, except that this week is counted when determining the amount of parent-time to be divided between the parents for the summer or off-track period.
Utah Code Annotated § 81-9-209(11): 
Utah Code Annotated § 81-9-209(11)(a): The court may also set a parent-time schedule for a minor child who is younger than five years old.
Utah Code Annotated § 81-9-209(11)(b): The schedule shall take into consideration the following:
Utah Code Annotated § 81-9-209(11)(b)(i): the age of the minor child;
Utah Code Annotated § 81-9-209(11)(b)(ii): the developmental needs of the minor child;
Utah Code Annotated § 81-9-209(11)(b)(iii): the distance between the parents' homes;
Utah Code Annotated § 81-9-209(11)(b)(iv): the travel arrangements and cost;
Utah Code Annotated § 81-9-209(11)(b)(v): the level of attachment between the minor child and the noncustodial parent; and
Utah Code Annotated § 81-9-209(11)(b)(vi): any other factors relevant to the best interest of the minor child.
Utah Code Annotated § 81-9-209(12): The noncustodial parent's monthly weekend entitlement is subject to the following restrictions.
Utah Code Annotated § 81-9-209(12)(a): 
Utah Code Annotated § 81-9-209(12)(a)(i): If the noncustodial parent has not designated a specific weekend for parent-time, the noncustodial parent shall receive the last weekend of each month unless a holiday assigned to the custodial parent falls on that particular weekend.
Utah Code Annotated § 81-9-209(12)(a)(ii): If a holiday assigned to the custodial parent falls on the last weekend of the month, the noncustodial parent is entitled to the next to the last weekend of the month.
Utah Code Annotated § 81-9-209(12)(b): If a noncustodial parent's extended parent-time or parent-time over a holiday extends into or through the first weekend of the next month, that weekend shall be considered the noncustodial parent's monthly weekend entitlement for that month.
Utah Code Annotated § 81-9-209(12)(c): If a minor child is out of school for teacher development days or snow days after the minor child begins the school year, or other days not included in the list of holidays in Subsection (9) and those days are contiguous with the noncustodial parent's monthly weekend parent-time, those days shall be included in the weekend parent-time.
Utah Code Annotated § 81-9-209(13): The custodial parent is entitled to all parent-time not specifically allocated to the noncustodial parent.
Utah Code Annotated § 81-9-209(14): In the event finances and distance preclude the exercise of minimum parent-time for the noncustodial parent during the school year, the court should consider awarding more time for the noncustodial parent during the summer time if it is in the best interests of the the minor child.
Utah Code Annotated § 81-9-209(15): 
Utah Code Annotated § 81-9-209(15)(a): Upon the motion of any party, the court may order uninterrupted parent-time with the noncustodial parent for a minimum of 30 days during extended parent-time, unless the court finds it is not in the best interest of the minor child.
Utah Code Annotated § 81-9-209(15)(b): If the court orders uninterrupted parent-time during a period not covered by this section, the court shall specify in its order which parent is responsible for the minor child's travel expenses.
Utah Code Annotated § 81-9-209(16): 
Utah Code Annotated § 81-9-209(16)(a): Unless otherwise ordered by the court the relocating party shall be responsible for all the minor child's travel expenses relating to Subsections (9)(a) and (b) and 1/2 of the minor child's travel expenses relating to Subsection (9)(c), provided the noncustodial parent is current on all support obligations.
Utah Code Annotated § 81-9-209(16)(b): If the noncustodial parent has been found in contempt for not being current on all support obligations, the noncustodial parent is responsible for all of the minor child's travel expenses under Subsection (9), unless the court rules otherwise.
Utah Code Annotated § 81-9-209(16)(c): A responsible party shall make a reimbursement to the other for the minor child's travel expenses within 30 days of receipt of documents detailing those expenses.
Utah Code Annotated § 81-9-209(17): The court may apply this provision to any preexisting decree of divorce.
Utah Code Annotated § 81-9-209(18): Any action under this section may be set for an expedited hearing.
Utah Code Annotated § 81-9-209(19): A parent who fails to comply with the notice of relocation in Subsection (2) is in contempt of the court's order.


Utah Code Annotated § 81-9-301 Definitions for part.
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As used in this part:Utah Code Annotated § 81-9-301(1): 63G-1-301 "Juneteenth National Freedom Day" means the day on which the Juneteenth National Freedom Day holiday is celebrated in this state in accordance with Section
Utah Code Annotated § 81-9-301(2): 81-9-302; 81-9-303 "Weekends" include, for a parent-time schedule under Sections


Utah Code Annotated § 81-9-302 Minimum schedule for parent-time for a minor child five to 18 years old.
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Utah Code Annotated § 81-9-302(1): The parent-time schedule in this section applies to a minor child who is five to 18 years old.
Utah Code Annotated § 81-9-302(2): If the parties do not agree to a parent-time schedule for a minor child described in Subsection (1), the following schedule is considered the minimum parent-time to which the noncustodial parent is entitled to the minor child:
Utah Code Annotated § 81-9-302(2)(a): 
Utah Code Annotated § 81-9-302(2)(a)(i): one weekday evening to be specified by the noncustodial parent or the court or Wednesday evening if not specified, beginning at 5:30 p.m. and ending at 8:30 p.m.; or
Utah Code Annotated § 81-9-302(2)(a)(ii): at the election of the noncustodial parent, one weekday to be specified by the noncustodial parent or the court:
Utah Code Annotated § 81-9-302(2)(a)(ii)(A): beginning at the time that the minor child's school is regularly dismissed and ending at 8:30 p.m.; or
Utah Code Annotated § 81-9-302(2)(a)(ii)(B): if school is not in session, the noncustodial parent is available to be with the minor child, and in accommodation with the custodial parent's work schedule, beginning at 9 a.m. and ending at 8:30 p.m.;
Utah Code Annotated § 81-9-302(2)(b): 
Utah Code Annotated § 81-9-302(2)(b)(i): beginning on the first weekend after entry of the decree, alternating weekends beginning at 6 p.m. on Friday and ending on Sunday at 7 p.m.; or
Utah Code Annotated § 81-9-302(2)(b)(ii): at the election of the noncustodial parent and beginning on the first weekend after the entry of the decree, alternating weekends:
Utah Code Annotated § 81-9-302(2)(b)(ii)(A): beginning at the time that the minor child's school is regularly dismissed on Friday and ending on Sunday at 7 p.m.; or
Utah Code Annotated § 81-9-302(2)(b)(ii)(B): if school is not in session, the noncustodial parent is available to be with the minor child, and in accommodation with the custodial parent's work schedule, beginning on Friday at 9 a.m. and ending on Sunday at 7 p.m.;
Utah Code Annotated § 81-9-302(2)(c): each holiday granted to the noncustodial parent in accordance with the holiday schedule described in Subsection (12); and
Utah Code Annotated § 81-9-302(2)(d): extended parent-time with the minor child when school is not in session for summer break in accordance with Subsection (3).
Utah Code Annotated § 81-9-302(3): 
Utah Code Annotated § 81-9-302(3)(a): For extended parent-time with the minor child under Subsection (2)(d) and at the election of the noncustodial parent, the noncustodial parent is entitled up to four weeks of parent-time with the minor child, which may be consecutive, when school is not in session for summer break.
Utah Code Annotated § 81-9-302(3)(b): For the four weeks of extended parent-time for a noncustodial parent under Subsection (3)(a):
Utah Code Annotated § 81-9-302(3)(b)(i): two weeks, which may be consecutive, shall be uninterrupted parent-time for the noncustodial parent; and
Utah Code Annotated § 81-9-302(3)(b)(ii): two weeks, which may be consecutive, may be interrupted by the custodial parent for a weekday visit on the same day on which the noncustodial parent is granted weekday day parent-time.
Utah Code Annotated § 81-9-302(3)(c): A custodial parent is entitled to uninterrupted parent-time with the minor child for two weeks, which may be consecutive, when school is not in session for summer break.
Utah Code Annotated § 81-9-302(4): 
Utah Code Annotated § 81-9-302(4)(a): Each parent shall provide notification to the other parent of the parent's plans for the exercise of extended parent-time for summer break under Subsection (3).
Utah Code Annotated § 81-9-302(4)(b): For the notification requirement under Subsection (4)(a):
Utah Code Annotated § 81-9-302(4)(b)(i): in odd-numbered years:
Utah Code Annotated § 81-9-302(4)(b)(i)(A): the noncustodial parent shall provide notice to the custodial parent by May 1; and
Utah Code Annotated § 81-9-302(4)(b)(i)(B): the custodial parent shall provide notice to the noncustodial parent by May 15; and
Utah Code Annotated § 81-9-302(4)(b)(ii): in even-numbered years:
Utah Code Annotated § 81-9-302(4)(b)(ii)(A): the custodial parent shall provide notice to the noncustodial parent by May 1; and
Utah Code Annotated § 81-9-302(4)(b)(ii)(B): the noncustodial parent shall provide notice to the custodial parent by May 15.
Utah Code Annotated § 81-9-302(4)(c): 
Utah Code Annotated § 81-9-302(4)(c)(i): If a parent fails to provide a notification within the time periods described in Subsection (4)(b), the complying parent may determine the schedule for summer break for the noncomplying parent.
Utah Code Annotated § 81-9-302(4)(c)(ii): If both parents fail to provide notice within the time periods described in Subsection (4)(b), the first parent to provide notice may determine the schedule for summer break for the other parent.
Utah Code Annotated § 81-9-302(4)(d): If a custodial parent intends to interrupt a noncustodial parent's parent-time under Subsection (3)(b)(ii), the custodial parent shall provide notification to the noncustodial parent of the intent to interrupt parent-time within 10 days after the day on which the custodial parent receives notification of the noncustodial parent's plans for the exercise of interrupted extended parent-time.
Utah Code Annotated § 81-9-302(5): 
Utah Code Annotated § 81-9-302(5)(a): An election should be made by the noncustodial parent at the time of entry of the divorce decree or court order, except that the election may be changed by mutual agreement, court order, or by the noncustodial parent in the event of a change in the minor child's schedule.
Utah Code Annotated § 81-9-302(5)(b): An election by either parent concerning parent-time shall be made a part of the decree and made a part of the parent-time order.
Utah Code Annotated § 81-9-302(6): 
Utah Code Annotated § 81-9-302(6)(a): Changes may not be made to the parent-time schedule under this section, except that if a conflict arises in the parent-time schedule, the following order of precedence shall be applied when determining which parent is entitled to parent-time:
Utah Code Annotated § 81-9-302(6)(a)(i): the holiday schedule for Mother's Day or Father's Day under Subsection (12);
Utah Code Annotated § 81-9-302(6)(a)(ii): the holiday schedule for the minor child's birthday, unless a parent is exercising uninterrupted extended parent-time under Subsection (3) and takes the minor child away from that parent's residence during the uninterrupted extended parent-time;
Utah Code Annotated § 81-9-302(6)(a)(iii): the holiday schedule for any holiday under Subsection (12) that is not Father's Day, Mother's Day, or the minor child's birthday;
Utah Code Annotated § 81-9-302(6)(a)(iv): extended parent-time under Subsection (3); and
Utah Code Annotated § 81-9-302(6)(a)(v): the schedule for weekday or weekend parent-time.
Utah Code Annotated § 81-9-302(6)(b): A parent exercising parent-time for the minor child's birthday may bring other siblings along for the minor child's birthday.
Utah Code Annotated § 81-9-302(7): A stepparent, grandparent, or other responsible adult designated by the noncustodial parent, may pick up the minor child for parent-time if the custodial parent is aware of the identity of the individual and the noncustodial parent will be with the minor child by 7 p.m.
Utah Code Annotated § 81-9-302(8): If a holiday falls on a regularly scheduled school day, the parent exercising parent-time shall be responsible for the minor child's attendance at school for that school day.
Utah Code Annotated § 81-9-302(9): If there is more than one minor child and the minor children's school schedules vary for purpose of a holiday, at the option of the parent exercising the holiday or the parent's half of the holiday, the minor children may remain together for the holiday period beginning the first evening that all minor children's schools are dismissed for the holiday and ending the evening before any minor child returns to school.
Utah Code Annotated § 81-9-302(10): 
Utah Code Annotated § 81-9-302(10)(a): Telephone contact shall be at reasonable hours and for a reasonable duration.
Utah Code Annotated § 81-9-302(10)(b): 
Utah Code Annotated § 81-9-302(10)(b)(i): Virtual parent-time, if the equipment is reasonably available and the parents reside at least 100 miles apart, shall be at reasonable hours and for reasonable duration.
Utah Code Annotated § 81-9-302(10)(b)(ii): If the parties cannot agree on whether the equipment is reasonably available, the court shall decide whether the equipment for virtual parent-time is reasonably available, taking into consideration:
Utah Code Annotated § 81-9-302(10)(b)(ii)(A): the best interests of the minor child;
Utah Code Annotated § 81-9-302(10)(b)(ii)(B): each parent's ability to handle any additional expenses for virtual parent-time; and
Utah Code Annotated § 81-9-302(10)(b)(ii)(C): any other factors the court considers material.
Utah Code Annotated § 81-9-302(10)(c): Virtual parent-time supplements, but does not replace, in-person parent-time.
Utah Code Annotated § 81-9-302(11): If there is a minor child five to 18 years old and a minor child under five years old and both minor children are the children of the parties, the parents and the court should consider an upward deviation for parent-time with all the minor children so that parent-time is uniform based on a schedule under this section.
Utah Code Annotated § 81-9-302(12): The following table is the holiday schedule for parent-time under this section.


Utah Code Annotated § 81-9-303 Optional schedule for parent-time for a minor child five to 18 years old.
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Utah Code Annotated § 81-9-303(1): 
Utah Code Annotated § 81-9-303(1)(a): The optional parent-time schedule in this section applies to a minor child who is five to 18 years old.
Utah Code Annotated § 81-9-303(1)(b): For purposes of calculating child support, the optional parent-time schedule in this section is 145 overnights.
Utah Code Annotated § 81-9-303(1)(c): Any impact on child support shall be consistent with joint physical custody.
Utah Code Annotated § 81-9-303(2): The parents and the court may consider the increased parent-time schedule in this section as a minimum parent-time schedule when the parties agree or the noncustodial parent can demonstrate:
Utah Code Annotated § 81-9-303(2)(a): the noncustodial parent has been actively involved in the minor child's life;
Utah Code Annotated § 81-9-303(2)(b): the parties can communicate effectively regarding the minor child or the noncustodial parent has a plan to accomplish effective communications regarding the minor child;
Utah Code Annotated § 81-9-303(2)(c): the noncustodial parent has the ability to facilitate the increased parent-time;
Utah Code Annotated § 81-9-303(2)(d): the increased parent-time would be in the best interest of the minor child; and
Utah Code Annotated § 81-9-303(2)(e): any other factor the court considers relevant.
Utah Code Annotated § 81-9-303(3): In determining whether a noncustodial parent has been actively involved in the minor child's life, the court shall consider:
Utah Code Annotated § 81-9-303(3)(a): demonstrated responsibility in caring for the minor child;
Utah Code Annotated § 81-9-303(3)(b): involvement in childcare;
Utah Code Annotated § 81-9-303(3)(c): presence or volunteer efforts in the minor child's school and at extracurricular activities;
Utah Code Annotated § 81-9-303(3)(d): assistance with the minor child's homework;
Utah Code Annotated § 81-9-303(3)(e): involvement in preparation of meals, bath time, and bedtime for the minor child;
Utah Code Annotated § 81-9-303(3)(f): bonding with the minor child; and
Utah Code Annotated § 81-9-303(3)(g): any other factor the court considers relevant.
Utah Code Annotated § 81-9-303(4): 81-9-204 In determining whether a noncustodial parent has the ability to facilitate the increased parent-time, the court shall consider:
Utah Code Annotated § 81-9-303(4)(a): the geographic distance between the residences of the parents and the distance between the parents' residences and the minor child's school;
Utah Code Annotated § 81-9-303(4)(b): the noncustodial parent's ability to assist with after school care;
Utah Code Annotated § 81-9-303(4)(c): 81-9-204 the health of the minor child and the noncustodial parent in accordance with Subsection
Utah Code Annotated § 81-9-303(4)(d): flexibility of employment or another schedule of the noncustodial parent;
Utah Code Annotated § 81-9-303(4)(e): ability to provide appropriate playtime with the minor child;
Utah Code Annotated § 81-9-303(4)(f): history and ability of the noncustodial parent to implement a flexible schedule for the minor child;
Utah Code Annotated § 81-9-303(4)(g): physical facilities of the noncustodial parent's residence; and
Utah Code Annotated § 81-9-303(4)(h): any other factor the court considers relevant.
Utah Code Annotated § 81-9-303(5): 81-9-203 If the parties agree or the court enters an order for the optional parent-time schedule under this section, a parenting plan in compliance with Section
Utah Code Annotated § 81-9-303(6): The following schedule is considered the optional parent-time to which the noncustodial parent is entitled to the minor child:
Utah Code Annotated § 81-9-303(6)(a): 
Utah Code Annotated § 81-9-303(6)(a)(i): one weekday evening to be specified by the noncustodial parent or the court or Wednesday evening if not specified, beginning at 5:30 p.m. and ending the following day upon delivering the minor child to school or at 8 a.m. if there is no school; or
Utah Code Annotated § 81-9-303(6)(a)(ii): at the election of the noncustodial parent, one weekday specified by the noncustodial parent or the court:
Utah Code Annotated § 81-9-303(6)(a)(ii)(A): beginning at the time the minor child's school is regularly dismissed until the following day upon delivering the minor child to school or at 8 a.m. if there is no school; or
Utah Code Annotated § 81-9-303(6)(a)(ii)(B): if there is no school, the noncustodial parent is available to be with the minor child, and in accommodation with the custodial parent's work schedule, beginning at 8 a.m. and ending on the following day upon delivering the minor child to school or at 8 a.m. if there is no school;
Utah Code Annotated § 81-9-303(6)(b): 
Utah Code Annotated § 81-9-303(6)(b)(i): beginning the first weekend after the entry of the decree, alternating weekends beginning at 6 p.m. on Friday and ending on Monday upon delivering the minor child to school or at 8 a.m. if there is no school; or
Utah Code Annotated § 81-9-303(6)(b)(ii): at the election of the noncustodial parent, beginning the first weekend after the entry of the decree, alternating weekends:
Utah Code Annotated § 81-9-303(6)(b)(ii)(A): beginning at the time the minor child's school is regularly dismissed on Friday and ending on Monday upon delivering the minor child to school or at 8 a.m. if there is no school; or
Utah Code Annotated § 81-9-303(6)(b)(ii)(B): if there is no school, the noncustodial parent is available to be with the minor child, and in accommodation with the custodial parent's work schedule, beginning on Friday at 9 a.m. and ending on Monday upon delivering the minor child to school or at 8 a.m. if there is no school;
Utah Code Annotated § 81-9-303(6)(c): each holiday granted to the noncustodial parent in accordance with the holiday schedule described in Subsection (15); and
Utah Code Annotated § 81-9-303(6)(d): extended parent-time with the minor child when school is not in session for summer break in accordance with Subsection (7).
Utah Code Annotated § 81-9-303(7): 
Utah Code Annotated § 81-9-303(7)(a): For extended parent-time with the minor child under Subsection (6)(d) and at the election of the noncustodial parent, the noncustodial parent is entitled up to four weeks of parent-time with the minor child, which may be consecutive, when school is not in session for summer break.
Utah Code Annotated § 81-9-303(7)(b): For the four weeks of extended parent-time for a noncustodial parent under Subsection (7)(a):
Utah Code Annotated § 81-9-303(7)(b)(i): two weeks, which may be consecutive, shall be uninterrupted parent-time for the noncustodial parent; and
Utah Code Annotated § 81-9-303(7)(b)(ii): two weeks, which may be consecutive, may be interrupted by the custodial parent for a weekday visit on the same day on which the noncustodial parent is granted weekday day parent-time.
Utah Code Annotated § 81-9-303(7)(c): A custodial parent is entitled to uninterrupted parent-time with the minor child for two weeks, which may be consecutive, when school is not in session for summer break.
Utah Code Annotated § 81-9-303(8): 
Utah Code Annotated § 81-9-303(8)(a): Each parent shall provide notification to the other parent of the parent's plans for the exercise of parent-time for summer break under Subsection (7).
Utah Code Annotated § 81-9-303(8)(b): For the notification requirement under Subsection (8)(a):
Utah Code Annotated § 81-9-303(8)(b)(i): in odd-numbered years:
Utah Code Annotated § 81-9-303(8)(b)(i)(A): the noncustodial parent shall provide notice to the custodial parent by May 1; and
Utah Code Annotated § 81-9-303(8)(b)(i)(B): the custodial parent shall provide notice to the noncustodial parent by May 15; and
Utah Code Annotated § 81-9-303(8)(b)(ii): in even-numbered years:
Utah Code Annotated § 81-9-303(8)(b)(ii)(A): the custodial parent shall provide notice to the noncustodial parent by May 1; and
Utah Code Annotated § 81-9-303(8)(b)(ii)(B): the noncustodial parent shall provide notice to the custodial parent by May 15.
Utah Code Annotated § 81-9-303(8)(c): 
Utah Code Annotated § 81-9-303(8)(c)(i): If a parent fails to provide a notification within the time periods described in Subsection (8)(b), the complying parent may determine the schedule for summer break for the noncomplying parent.
Utah Code Annotated § 81-9-303(8)(c)(ii): If both parents fail to provide notice within the time periods described in Subsection (8)(b), the first parent to provide notice may determine the schedule for summer break for the other parent.
Utah Code Annotated § 81-9-303(8)(d): If a custodial parent intends to interrupt a noncustodial parent's parent-time under Subsection (7)(b)(ii), the custodial parent shall provide notification to the noncustodial parent of the intent to interrupt parent-time within 10 days after the day on which the custodial parent receives notification of the noncustodial parent's plans for the exercise of interrupted extended parent-time.
Utah Code Annotated § 81-9-303(9): 
Utah Code Annotated § 81-9-303(9)(a): An election should be made by the noncustodial parent at the time of entry of the divorce decree or court order, except that the election may be changed by mutual agreement, court order, or by the noncustodial parent in the event of a change in the minor child's schedule.
Utah Code Annotated § 81-9-303(9)(b): An election by either parent concerning parent-time shall be made a part of the decree and made a part of the parent-time order.
Utah Code Annotated § 81-9-303(10): 
Utah Code Annotated § 81-9-303(10)(a): Changes may not be made to the parent-time schedule under this section, except that if a conflict arises in the parent-time schedule, the following order of precedence shall be applied when determining which parent is entitled to parent-time:
Utah Code Annotated § 81-9-303(10)(a)(i): the holiday schedule for Mother's Day or Father's Day under Subsection (15);
Utah Code Annotated § 81-9-303(10)(a)(ii): the holiday schedule for the minor child's birthday, unless a parent is exercising uninterrupted extended parent-time under Subsection (7) and takes the minor child away from that parent's residence during the uninterrupted extended parent-time;
Utah Code Annotated § 81-9-303(10)(a)(iii): the holiday schedule for any holiday under Subsection (15) that is not Father's Day, Mother's Day, or the minor child's birthday;
Utah Code Annotated § 81-9-303(10)(a)(iv): extended parent-time under Subsection (7); and
Utah Code Annotated § 81-9-303(10)(a)(v): the schedule for weekday or weekend parent-time.
Utah Code Annotated § 81-9-303(10)(b): A parent exercising parent-time for the minor child's birthday may bring other siblings along for the minor child's birthday.
Utah Code Annotated § 81-9-303(11): A stepparent, grandparent, or other responsible adult designated by the noncustodial parent, may pick up the minor child for parent-time if the custodial parent is aware of the identity of the individual and the noncustodial parent will be with the minor child by 7 p.m.
Utah Code Annotated § 81-9-303(12): If a holiday falls on a regularly scheduled school day, the parent exercising parent-time shall be responsible for the minor child's attendance at school for that school day.
Utah Code Annotated § 81-9-303(13): If there is more than one minor child and the minor children's school schedules vary for purpose of a holiday, at the option of the parent exercising the holiday or the parent's half of the holiday, the minor children may remain together for the holiday period beginning the first evening that all minor children's schools are dismissed for the holiday and ending the evening before any minor child returns to school.
Utah Code Annotated § 81-9-303(14): If there is a minor child five to 18 years old and a minor child under five years old and both minor children are the children of the parties, the parents and the court should consider an upward deviation for parent-time with all the minor children so that parent-time is uniform based on a schedule under this section.
Utah Code Annotated § 81-9-303(15): The following table is the holiday schedule for parent-time under this section.


Utah Code Annotated § 81-9-304 Minimum schedule for parent-time for a minor child under five years old.
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Utah Code Annotated § 81-9-304(1): The parent-time schedule in this section applies to a minor child who is younger than five years old.
Utah Code Annotated § 81-9-304(2): If the parties do not agree to a parent-time schedule, the schedules in Subsections (3) through (8) are considered the minimum parent-time to which the noncustodial parent is entitled to the minor child.
Utah Code Annotated § 81-9-304(3): For a minor child who is younger than five months old, the noncustodial parent is entitled to:
Utah Code Annotated § 81-9-304(3)(a): three two-hour visits every week; and
Utah Code Annotated § 81-9-304(3)(b): two hours for each holiday granted to the noncustodial parent in the holiday schedule under Subsection (15).
Utah Code Annotated § 81-9-304(4): For a minor child who is at least five months old but younger than nine months old, the noncustodial parent is entitled to:
Utah Code Annotated § 81-9-304(4)(a): three three-hour visits every week; and
Utah Code Annotated § 81-9-304(4)(b): two hours for each holiday granted to the noncustodial parent in the holiday schedule under Subsection (15).
Utah Code Annotated § 81-9-304(5): For a minor child who is at least nine months old but younger than 12 months old, the noncustodial parent is entitled to:
Utah Code Annotated § 81-9-304(5)(a): one eight-hour visit every week;
Utah Code Annotated § 81-9-304(5)(b): one three-hour visit every week; and
Utah Code Annotated § 81-9-304(5)(c): eight hours for each holiday granted to the noncustodial parent in accordance with the holiday schedule under Subsection (15).
Utah Code Annotated § 81-9-304(6): For a minor child who is at least 12 months old but younger than 18 months old, the noncustodial parent is entitled to:
Utah Code Annotated § 81-9-304(6)(a): one three-hour visit every week;
Utah Code Annotated § 81-9-304(6)(b): one eight-hour visit on alternating weekends to be specified by the noncustodial parent or court;
Utah Code Annotated § 81-9-304(6)(c): an overnight visit on opposite weekends from Subsection (6)(b) beginning at 6 p.m. on Friday and ending at noon on Saturday; and
Utah Code Annotated § 81-9-304(6)(d): eight hours for each holiday granted to the noncustodial parent in the holiday schedule under Subsection (15).
Utah Code Annotated § 81-9-304(7): For a minor child who is at least 18 months old but younger than three years old, the noncustodial parent is entitled to:
Utah Code Annotated § 81-9-304(7)(a): one weekday evening to be specified by the noncustodial parent or the court:
Utah Code Annotated § 81-9-304(7)(a)(i): beginning at 5:30 p.m. and ending at 8:30 p.m.; or
Utah Code Annotated § 81-9-304(7)(a)(ii): if the minor child is being cared for during the day outside the minor child's regular place of residence and with advance notice to the custodial parent, beginning at the time that the minor child is picked up from the caregiver and ending at 8:30 p.m.;
Utah Code Annotated § 81-9-304(7)(b): beginning on the first weekend after the entry of the decree, alternating weekends beginning at 6 p.m. on Friday and ending at 7 p.m. on Sunday;
Utah Code Annotated § 81-9-304(7)(c): each holiday granted to the noncustodial parent in accordance with the holiday schedule described in Subsection (15); and
Utah Code Annotated § 81-9-304(7)(d): extended parent-time for two one-week periods, separated by at least four weeks, at the option of the noncustodial parent, as follows:
Utah Code Annotated § 81-9-304(7)(d)(i): one week of uninterrupted parent-time for the noncustodial parent; and
Utah Code Annotated § 81-9-304(7)(d)(ii): one week of interrupted parent-time where the custodial parent may have an equal amount of weekday parent-time as the noncustodial parent on the same day on which the noncustodial parent is granted weekday parent-time under Subsection (7)(a).
Utah Code Annotated § 81-9-304(8): For a minor child who is at least three years old but younger than five years old, the noncustodial parent is entitled to:
Utah Code Annotated § 81-9-304(8)(a): one weekday evening to be specified by the noncustodial parent or the court:
Utah Code Annotated § 81-9-304(8)(a)(i): beginning at 5:30 p.m. and ending at 8:30 p.m.; or
Utah Code Annotated § 81-9-304(8)(a)(ii): if the minor child is being cared for during the day outside the minor child's regular place of residence and with advance notice to the custodial parent, beginning at the time that the minor child is picked up from the caregiver and ending at 8:30 p.m.;
Utah Code Annotated § 81-9-304(8)(b): beginning on the first weekend after the entry of the decree, alternating weekends beginning at 6 p.m. on Friday and ending at 7 p.m. on Sunday;
Utah Code Annotated § 81-9-304(8)(c): each holiday granted to the noncustodial parent in accordance with the holiday schedule described in Subsection (15); and
Utah Code Annotated § 81-9-304(8)(d): extended parent-time for two two-week periods, separated by at least four weeks, at the option of the noncustodial parent, as follows:
Utah Code Annotated § 81-9-304(8)(d)(i): two weeks of uninterrupted parent-time, which may be consecutive, for the noncustodial parent; and
Utah Code Annotated § 81-9-304(8)(d)(ii): two weeks of interrupted parent-time, which may be consecutive, where the custodial parent may have an equal amount of weekday parent-time as the noncustodial parent on the same day on which the noncustodial parent is granted weekday parent-time under Subsection (8)(a).
Utah Code Annotated § 81-9-304(9): For a minor child who is at least 18 months old but younger than five years old, the custodial parent is entitled to one week of uninterrupted extended parent-time.
Utah Code Annotated § 81-9-304(10): 
Utah Code Annotated § 81-9-304(10)(a): For a minor child who is nine months old or older, the noncustodial parent shall have at least two times a week:
Utah Code Annotated § 81-9-304(10)(a)(i): brief telephone contact at reasonable hours and for a reasonable duration; and
Utah Code Annotated § 81-9-304(10)(a)(ii): virtual parent-time, if the equipment is reasonably available and the parents reside at least 100 miles apart, at reasonable hours and for reasonable duration.
Utah Code Annotated § 81-9-304(10)(b): If the parties cannot agree on whether the equipment is reasonably available, the court shall decide whether the equipment for virtual parent-time is reasonably available, taking into consideration:
Utah Code Annotated § 81-9-304(10)(b)(i): the best interests of the minor child;
Utah Code Annotated § 81-9-304(10)(b)(ii): each parent's ability to handle any additional expenses for virtual parent-time; and
Utah Code Annotated § 81-9-304(10)(b)(iii): any other factors the court considers material.
Utah Code Annotated § 81-9-304(10)(c): Virtual parent-time supplements, but does not replace, in-person parent-time.
Utah Code Annotated § 81-9-304(11): For a minor child who is younger than nine months old, unless the parents agree otherwise, parent-time should take place in the home of the custodial parent, an established child-care setting, or other environment familiar to the minor child.
Utah Code Annotated § 81-9-304(12): 
Utah Code Annotated § 81-9-304(12)(a): Changes may not be made to the parent-time schedule under this section, except that if a conflict arises in the parent-time schedule, the following order of precedence shall be applied when determining which parent is entitled to parent-time:
Utah Code Annotated § 81-9-304(12)(a)(i): the holiday schedule for Mother's Day or Father's Day under Subsection (15);
Utah Code Annotated § 81-9-304(12)(a)(ii): the holiday schedule for the minor child's birthday, unless a parent is exercising uninterrupted extended parent-time under Subsection (7)(d), (8)(d), or (9) and takes the minor child away from that parent's residence during the uninterrupted extended parent-time;
Utah Code Annotated § 81-9-304(12)(a)(iii): the holiday schedule for any holiday under Subsection (15) that is not Father's Day, Mother's Day, or the minor child's birthday;
Utah Code Annotated § 81-9-304(12)(a)(iv): extended parent-time under Subsection (7)(d), (8)(d), or (9); and
Utah Code Annotated § 81-9-304(12)(a)(v): the schedule for weekday or weekend parent-time.
Utah Code Annotated § 81-9-304(12)(b): A parent exercising parent-time for the minor child's birthday may bring other siblings along for the minor child's birthday.
Utah Code Annotated § 81-9-304(13): If a holiday falls on a regularly scheduled school day, the parent exercising parent-time shall be responsible for the minor child's attendance at school for that school day.
Utah Code Annotated § 81-9-304(14): A parent shall notify the other parent at least 30 days in advance of the parent's plans for the exercise of extended parent-time under Subsection (7)(d), (8)(d), or (9).
Utah Code Annotated § 81-9-304(15): The following table is the holiday schedule for parent-time under this section.


Utah Code Annotated § 81-9-305 Equal parent-time schedule.
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Utah Code Annotated § 81-9-305(1): 81-9-204
Utah Code Annotated § 81-9-305(1)(a): A court may order the equal parent-time schedule described in this section if the court determines that:
Utah Code Annotated § 81-9-305(1)(a)(i): the equal parent-time schedule is in the minor child's best interest;
Utah Code Annotated § 81-9-305(1)(a)(ii): each parent has been actively involved in the minor child's life; and
Utah Code Annotated § 81-9-305(1)(a)(iii): each parent can effectively facilitate the equal parent-time schedule.
Utah Code Annotated § 81-9-305(1)(b): To determine whether each parent has been actively involved in the minor child's life, the court shall consider:
Utah Code Annotated § 81-9-305(1)(b)(i): each parent's demonstrated responsibility in caring for the minor child;
Utah Code Annotated § 81-9-305(1)(b)(ii): each parent's involvement in child care;
Utah Code Annotated § 81-9-305(1)(b)(iii): each parent's presence or volunteer efforts in the minor child's school and at extracurricular activities;
Utah Code Annotated § 81-9-305(1)(b)(iv): each parent's assistance with the minor child's homework;
Utah Code Annotated § 81-9-305(1)(b)(v): each parent's involvement in preparation of meals, bath time, and bedtime for the minor child;
Utah Code Annotated § 81-9-305(1)(b)(vi): each parent's bond with the minor child; and
Utah Code Annotated § 81-9-305(1)(b)(vii): any other factor the court considers relevant.
Utah Code Annotated § 81-9-305(1)(c): 81-9-204 To determine whether each parent can effectively facilitate the equal parent-time schedule, the court shall consider:
Utah Code Annotated § 81-9-305(1)(c)(i): the geographic distance between the residence of each parent and the distance between each residence and the minor child's school;
Utah Code Annotated § 81-9-305(1)(c)(ii): each parent's ability to assist with the minor child's after school care;
Utah Code Annotated § 81-9-305(1)(c)(iii): 81-9-204 the health of the minor child and each parent, consistent with Subsection
Utah Code Annotated § 81-9-305(1)(c)(iv): the flexibility of each parent's employment or other schedule;
Utah Code Annotated § 81-9-305(1)(c)(v): each parent's ability to provide appropriate playtime with the minor child;
Utah Code Annotated § 81-9-305(1)(c)(vi): each parent's history and ability to implement a flexible schedule for the minor child;
Utah Code Annotated § 81-9-305(1)(c)(vii): physical facilities of each parent's residence; and
Utah Code Annotated § 81-9-305(1)(c)(viii): any other factor the court considers relevant.
Utah Code Annotated § 81-9-305(2): 81-9-203; 81-9-203; 81-9-205; 81-6-206
Utah Code Annotated § 81-9-305(2)(a): 81-9-203 If the parties agree to or the court orders the equal parent-time schedule described in this section, a parenting plan in accordance with Section
Utah Code Annotated § 81-9-305(2)(b): An order under this section shall result in 182 overnights per year for one parent, and 183 overnights per year for the other parent.
Utah Code Annotated § 81-9-305(2)(c): 81-9-203; 81-9-205 Under the equal parent-time schedule, a parent is not considered to have the minor child the majority of the time for the purposes of Subsection
Utah Code Annotated § 81-9-305(2)(d): 81-6-206 Child support for the equal parent-time schedule shall be consistent with Section
Utah Code Annotated § 81-9-305(2)(e): A court shall determine which parent receives 182 overnights and which parent receives 183 overnights for parent-time.
Utah Code Annotated § 81-9-305(3): 
Utah Code Annotated § 81-9-305(3)(a): Unless the parents agree otherwise and subject to a holiday, the equal parent-time schedule is as follows:
Utah Code Annotated § 81-9-305(3)(a)(i): one parent shall exercise parent-time starting Monday morning and ending  Wednesday morning;
Utah Code Annotated § 81-9-305(3)(a)(ii): the other parent shall exercise parent-time starting Wednesday morning and ending Friday morning; and
Utah Code Annotated § 81-9-305(3)(a)(iii): each parent shall alternate weeks exercising parent-time starting Friday morning and ending Monday morning.
Utah Code Annotated § 81-9-305(3)(b): The child exchange shall take place:
Utah Code Annotated § 81-9-305(3)(b)(i): at the time the minor child's school begins; or
Utah Code Annotated § 81-9-305(3)(b)(ii): if school is not in session, at 9 a.m.
Utah Code Annotated § 81-9-305(4): 81-9-302; 81-9-304; 81-9-302; 81-9-304
Utah Code Annotated § 81-9-305(4)(a): The parents may create a holiday schedule.
Utah Code Annotated § 81-9-305(4)(b): 81-9-302; 81-9-304; 81-9-302; 81-9-304 If the parents are unable to create a holiday schedule under Subsection (4)(a), the court shall:
Utah Code Annotated § 81-9-305(4)(b)(i): 81-9-302; 81-9-304 order the holiday schedule described in Section
Utah Code Annotated § 81-9-305(4)(b)(ii): 81-9-302; 81-9-304 designate which parent shall exercise parent-time for each holiday described in Section
Utah Code Annotated § 81-9-305(5): 
Utah Code Annotated § 81-9-305(5)(a): Each year, a parent may designate two consecutive weeks to exercise uninterrupted parent-time during the summer when school is not in session.
Utah Code Annotated § 81-9-305(5)(b): 
Utah Code Annotated § 81-9-305(5)(b)(i): One parent may make a designation at any time and the other parent may make a designation after May 1.
Utah Code Annotated § 81-9-305(5)(b)(ii): A parent shall make a designation at least 30 days before the day on which the designated two-week period begins.
Utah Code Annotated § 81-9-305(5)(c): The court shall designate which parent may make the earlier designation described in Subsection (5)(b)(i) for an even numbered year with the other parent allowed to make the earlier designation in an odd numbered year.
Utah Code Annotated § 81-9-305(5)(d): The two consecutive weeks described in Subsection (5)(a) take precedence over all holidays except for Mother's Day and Father's Day.


Utah Code Annotated § 81-9-401 Definitions for part.
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As used in this part:Utah Code Annotated § 81-9-401(1): "District court" means the district court with proper jurisdiction over the minor child.
Utah Code Annotated § 81-9-401(2): "Grandchild" means the minor child with respect to whom a grandparent is seeking visitation rights under this part.
Utah Code Annotated § 81-9-401(3): "Grandparent" means an individual whose child, either by blood, marriage, or adoption, is the parent of the grandchild.
Utah Code Annotated § 81-9-401(4): "Individual other than a parent" means an individual who is not a parent and is related to the minor child by marriage or blood, including:
Utah Code Annotated § 81-9-401(4)(a): siblings;
Utah Code Annotated § 81-9-401(4)(b): aunts;
Utah Code Annotated § 81-9-401(4)(c): uncles;
Utah Code Annotated § 81-9-401(4)(d): grandparents;
Utah Code Annotated § 81-9-401(4)(e): current or former step-parents; or
Utah Code Annotated § 81-9-401(4)(f): any of the individuals described in Subsections (4)(a) through (d) in a step relationship to the minor child.


Utah Code Annotated § 81-9-402 Custody and visitation for individuals other than a parent -- Venue.
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Utah Code Annotated § 81-9-402(1): 80-2a-201
Utah Code Annotated § 81-9-402(1)(a): 80-2a-201 In accordance with Section
Utah Code Annotated § 81-9-402(1)(b): There is a rebuttable presumption that a parent's decisions are in the minor child's best interests.
Utah Code Annotated § 81-9-402(2): A court may find the presumption in Subsection (1) rebutted and grant custodial or visitation rights to an individual other than a parent who, by clear and convincing evidence, establishes that:
Utah Code Annotated § 81-9-402(2)(a): the individual has intentionally assumed the role and obligations of a parent;
Utah Code Annotated § 81-9-402(2)(b): the individual and the minor child have formed a substantial emotional bond and created a parent-child type relationship;
Utah Code Annotated § 81-9-402(2)(c): the individual substantially contributed emotionally or financially to the minor child's well being;
Utah Code Annotated § 81-9-402(2)(d): the assumption of the parental role is not the result of a financially compensated surrogate care arrangement;
Utah Code Annotated § 81-9-402(2)(e): the continuation of the relationship between the individual and the minor child is in the minor child's best interest;
Utah Code Annotated § 81-9-402(2)(f): the loss or cessation of the relationship between the individual and the minor child would substantially harm the minor child; and
Utah Code Annotated § 81-9-402(2)(g): the parent:
Utah Code Annotated § 81-9-402(2)(g)(i): is absent; or
Utah Code Annotated § 81-9-402(2)(g)(ii): is found by a court to have abused or neglected the minor child.
Utah Code Annotated § 81-9-402(3): 78A-6-350 Notwithstanding Title 78B, Chapter 3a, Venue for Civil Actions, or Section
Utah Code Annotated § 81-9-402(3)(a): currently resides; or
Utah Code Annotated § 81-9-402(3)(b): lived with a parent or an individual other than a parent who acted as a parent within six months before the commencement of the action.
Utah Code Annotated § 81-9-402(4): An individual may file a petition under this section in a pending divorce, parentage action, or other proceeding, including a proceeding in the juvenile court involving custody of or visitation with a minor child.
Utah Code Annotated § 81-9-402(5): 78B-13-209 The petition shall include detailed facts supporting the petitioner's right to file the petition including the criteria set forth in Subsection (2) and residency information described in Section
Utah Code Annotated § 81-9-402(6): An individual may not file a petition under this section against a parent who is actively serving outside the state in any branch of the military.
Utah Code Annotated § 81-9-402(7): Notice of a petition filed pursuant to this chapter shall be served in accordance with the Utah Rules of Civil Procedure on all of the following:
Utah Code Annotated § 81-9-402(7)(a): the minor child's biological, adopted, presumed, declarant, and adjudicated parents;
Utah Code Annotated § 81-9-402(7)(b): any individual who has court-ordered custody or visitation rights;
Utah Code Annotated § 81-9-402(7)(c): the minor child's guardian;
Utah Code Annotated § 81-9-402(7)(d): the guardian ad litem, if one has been appointed;
Utah Code Annotated § 81-9-402(7)(e): an individual or agency that has physical custody of the minor child or that claims to have custody or visitation rights; and
Utah Code Annotated § 81-9-402(7)(f): any other individual or agency that has previously appeared in any action regarding custody of or visitation with the minor child.
Utah Code Annotated § 81-9-402(8): The court may order a custody evaluation to be conducted in any proceeding brought under this section.
Utah Code Annotated § 81-9-402(9): The court may enter temporary orders in a proceeding brought under this section pending the entry of final orders.
Utah Code Annotated § 81-9-402(10): 76-5-109; 76-5-109.2; 76-5-109.3; 76-5-114; 76-5-208; 76-5-301.1; 76-5-308.5; 76-5-401.1; 76-5-402.1; 76-5-402.3; 76-5-403.1; 76-5-404.1; 76-5-404.3; 76-5b-201; 76-5b-201.1 Except as provided in Subsection (11), a court may not grant custody of a minor child under this section to an individual:
Utah Code Annotated § 81-9-402(10)(a): who is not the parent of the minor child; and
Utah Code Annotated § 81-9-402(10)(b): 76-5-109; 76-5-109.2; 76-5-109.3; 76-5-114; 76-5-208; 76-5-301.1; 76-5-308.5; 76-5-401.1; 76-5-402.1; 76-5-402.3; 76-5-403.1; 76-5-404.1; 76-5-404.3; 76-5b-201; 76-5b-201.1 who, before a custody order is issued, is convicted, pleads guilty, or pleads no contest to a felony or attempted felony involving conduct that constitutes any of the following:
Utah Code Annotated § 81-9-402(10)(b)(i): 76-5-109; 76-5-109.2; 76-5-109.3; 76-5-114 child abuse, as described in Sections
Utah Code Annotated § 81-9-402(10)(b)(ii): 76-5-208 child abuse homicide, as described in Section
Utah Code Annotated § 81-9-402(10)(b)(iii): 76-5-301.1 child kidnapping, as described in Section
Utah Code Annotated § 81-9-402(10)(b)(iv): 76-5-308.5 human trafficking of a child, as described in Section
Utah Code Annotated § 81-9-402(10)(b)(v): 76-5-401.1 sexual abuse of a minor, as described in Section
Utah Code Annotated § 81-9-402(10)(b)(vi): 76-5-402.1 rape of a child, as described in Section
Utah Code Annotated § 81-9-402(10)(b)(vii): 76-5-402.3 object rape of a child, as described in Section
Utah Code Annotated § 81-9-402(10)(b)(viii): 76-5-403.1 sodomy on a child, as described in Section
Utah Code Annotated § 81-9-402(10)(b)(ix): 76-5-404.1; 76-5-404.3 sexual abuse of a child, as described in Section
Utah Code Annotated § 81-9-402(10)(b)(x): 76-5b-201 sexual exploitation of a minor, as described in Section
Utah Code Annotated § 81-9-402(10)(b)(xi): 76-5b-201.1 aggravated sexual exploitation of a minor, as described in Section
Utah Code Annotated § 81-9-402(10)(b)(xii): an offense in another state that, if committed in this state, would constitute an offense described in this Subsection (10).
Utah Code Annotated § 81-9-402(11): 80-3-102; 80-1-102
Utah Code Annotated § 81-9-402(11)(a): As used in this Subsection (11), "disqualifying offense" means an offense listed in Subsection (10) that prevents a court from granting custody except as provided in this Subsection (11).
Utah Code Annotated § 81-9-402(11)(b): 80-3-102; 80-1-102 An individual described in Subsection (10) may only be considered for custody of a minor child if the following criteria are met by clear and convincing evidence:
Utah Code Annotated § 81-9-402(11)(b)(i): 80-3-102 the individual is a relative, as defined in Section
Utah Code Annotated § 81-9-402(11)(b)(ii): at least 10 years have elapsed from the day on which the individual is successfully released from prison, jail, parole, or probation related to a disqualifying offense;
Utah Code Annotated § 81-9-402(11)(b)(iii): during the 10 years before the day on which the individual files a petition with the court seeking custody the individual has not been convicted, plead guilty, or plead no contest to an offense greater than an infraction or traffic violation that would likely impact the health, safety, or well-being of the minor child;
Utah Code Annotated § 81-9-402(11)(b)(iv): the individual can provide evidence of successful treatment or rehabilitation directly related to the disqualifying offense;
Utah Code Annotated § 81-9-402(11)(b)(v): 80-1-102 the court determines that the risk related to the disqualifying offense is unlikely to cause harm, as defined in Section
Utah Code Annotated § 81-9-402(11)(b)(v)(A): the minor child's age;
Utah Code Annotated § 81-9-402(11)(b)(v)(B): the minor child's gender;
Utah Code Annotated § 81-9-402(11)(b)(v)(C): the minor child's development;
Utah Code Annotated § 81-9-402(11)(b)(v)(D): the nature and seriousness of the disqualifying offense;
Utah Code Annotated § 81-9-402(11)(b)(v)(E): the preferences of a minor child who is 12 years old or older;
Utah Code Annotated § 81-9-402(11)(b)(v)(F): any available assessments, including custody evaluations, parenting assessments, psychological or mental health assessments, and bonding assessments; and
Utah Code Annotated § 81-9-402(11)(b)(v)(G): any other relevant information;
Utah Code Annotated § 81-9-402(11)(b)(vi): the individual can provide evidence of the following:
Utah Code Annotated § 81-9-402(11)(b)(vi)(A): the relationship with the minor child is of long duration;
Utah Code Annotated § 81-9-402(11)(b)(vi)(B): that an emotional bond exists with the minor child; and
Utah Code Annotated § 81-9-402(11)(b)(vi)(C): that custody by the individual who has committed the disqualifying offense ensures the best interests of the minor child are met;
Utah Code Annotated § 81-9-402(11)(b)(vii): 
Utah Code Annotated § 81-9-402(11)(b)(vii)(A): there is no other responsible relative known to the court who has or likely could develop an emotional bond with the minor child and does not have a disqualifying offense; or
Utah Code Annotated § 81-9-402(11)(b)(vii)(B): if there is a responsible relative known to the court that does not have a disqualifying offense, Subsection (11)(d) applies; and
Utah Code Annotated § 81-9-402(11)(b)(viii): that the continuation of the relationship between the individual with the disqualifying offense and the minor child could not be sufficiently maintained through any type of visitation if custody were given to the relative with no disqualifying offense described in Subsection (11)(d).
Utah Code Annotated § 81-9-402(11)(c): The individual with the disqualifying offense bears the burden of proof regarding why placement with that individual is in the best interest of the minor child over another responsible relative or equally situated individual who does not have a disqualifying offense.
Utah Code Annotated § 81-9-402(11)(d): If, as provided in Subsection (11)(b)(vii)(B), there is a responsible relative known to the court who does not have a disqualifying offense:
Utah Code Annotated § 81-9-402(11)(d)(i): preference for custody is given to a relative who does not have a disqualifying offense; and
Utah Code Annotated § 81-9-402(11)(d)(ii): before the court may place custody with the individual who has the disqualifying offense over another responsible, willing, and able relative:
Utah Code Annotated § 81-9-402(11)(d)(ii)(A): an impartial custody evaluation shall be completed; and
Utah Code Annotated § 81-9-402(11)(d)(ii)(B): a guardian ad litem shall be assigned.
Utah Code Annotated § 81-9-402(12): Subsections (10) and (11) apply to a case pending on March 25, 2017, for which a final decision on custody has not been made and to a case filed on or after March 25, 2017.


Utah Code Annotated § 81-9-403 Visitation rights of grandparents.
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Utah Code Annotated § 81-9-403(1): In accordance with the provisions and requirements of this section:
Utah Code Annotated § 81-9-403(1)(a): a grandparent has standing to bring an action requesting visitation in district court by petition; and
Utah Code Annotated § 81-9-403(1)(b): a grandparent may file a petition for visitation rights in the juvenile court or district court where a divorce proceeding or other proceeding involving custody and visitation issues is pending.
Utah Code Annotated § 81-9-403(2): 80-2a-201
Utah Code Annotated § 81-9-403(2)(a): 80-2a-201 In accordance with Section
Utah Code Annotated § 81-9-403(2)(b): A court shall presume that a parent's decision in regard to grandparent visitation is in the best interest of the parent's minor child.
Utah Code Annotated § 81-9-403(3): A court may find the presumption in Subsection (2)(b) rebutted if the grandparent, by clear and convincing evidence, establishes that:
Utah Code Annotated § 81-9-403(3)(a): the grandparent has filled the role of custodian or caregiver to the grandchild that:
Utah Code Annotated § 81-9-403(3)(a)(i): is in a manner akin to a parent; and
Utah Code Annotated § 81-9-403(3)(a)(ii): the loss of the relationship between the grandparent and the grandchild would cause substantial harm to the grandchild; or
Utah Code Annotated § 81-9-403(3)(b): both parents are unfit or incompetent in a manner that causes potential harm to the grandchild.
Utah Code Annotated § 81-9-403(4): 
Utah Code Annotated § 81-9-403(4)(a): If the court finds the presumption in Subsection (2)(b) is rebutted, the court may consider whether grandparent visitation is in the best interest of the grandchild.
Utah Code Annotated § 81-9-403(4)(b): If the court considers whether grandparent visitation is in the best interest of the child, the court shall take into account the totality of the circumstances, including:
Utah Code Annotated § 81-9-403(4)(b)(i): the reasonableness of the parent's decision to deny grandparent visitation;
Utah Code Annotated § 81-9-403(4)(b)(ii): the age of the grandchild;
Utah Code Annotated § 81-9-403(4)(b)(iii): the death or unavailability of a parent; and
Utah Code Annotated § 81-9-403(4)(b)(iv): if the grandchild is 14 years old or older, the grandchild's desires regarding visitation after the court inquires of the grandchild.
Utah Code Annotated § 81-9-403(5): If the court finds the presumption in Subsection (2)(b) is rebutted and grandparent visitation is in the best interest of the grandchild, the court may issue an order for grandparent visitation.
Utah Code Annotated § 81-9-403(6): 81-9-404 Notwithstanding Section
Utah Code Annotated § 81-9-403(7): On the petition of a grandparent or the legal custodian of a grandchild the court may, after a hearing, modify an order regarding grandparent visitation if:
Utah Code Annotated § 81-9-403(7)(a): the circumstances of the grandchild, the grandparent, or the custodian have materially and substantially changed since the entry of the order to be modified, or the order has become unworkable or inappropriate under existing circumstances; and
Utah Code Annotated § 81-9-403(7)(b): the court determines that a modification is appropriate based upon the factors set forth in Subsections (3) and (4).
Utah Code Annotated § 81-9-403(8): A grandparent may petition the court to remedy a parent's wrongful noncompliance with a visitation order.


Utah Code Annotated § 81-9-404 Exceptions to visitation by nonparent.
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This part may not be used to seek, obtain, maintain or continue custody of, or visitation with, a minor child who has been relinquished for adoption, or adopted in accordance with a court order.