Utah Code 78B-20-302. Proceeding for temporary custody — Order
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(1) After a deploying parent receives notice of deployment and until the deployment terminates, a court may issue a temporary order granting custodial responsibility unless prohibited by Section 39A-6-105 and the Servicemembers Civil Relief Act, 50 U.S.C. Appendix Sections 521 and 522. A court may not issue a permanent order granting custodial responsibility without the consent of the deploying parent.
Terms Used In Utah Code 78B-20-302
- Child: means :(3)(a) an unemancipated individual who has not attained 18 years old; or(3)(b) an adult son or daughter by birth or adoption, or under law of this state other than this chapter, who is the subject of a court order concerning custodial responsibility. See Utah Code 78B-20-102
- Court: means a tribunal, including an administrative agency, authorized under the law of this state other than this chapter to make, enforce, or modify a decision regarding custodial responsibility. See Utah Code 78B-20-102
- Custodial responsibility: includes all powers and duties relating to caretaking authority and decision-making authority for a child. See Utah Code 78B-20-102
- Deploying parent: means a service member who is deployed or has been notified of impending deployment and is:
(7)(a) a parent of a child under the law of this state other than this chapter; or(7)(b) an individual who has custodial responsibility for a child under the law of this state other than this chapter. See Utah Code 78B-20-102- Deployment: means the movement or mobilization of a service member for more than 90 days but less than 18 months pursuant to uniformed service orders that:
(8)(a) are designated as unaccompanied;(8)(b) do not authorize dependent travel; or(8)(c) otherwise do not permit the movement of family members to the location to which the service member is deployed. See Utah Code 78B-20-102- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
(2) At any time after a deploying parent receives notice of deployment, either parent may file a motion regarding custodial responsibility of a child during deployment. The motion shall be filed in a pending proceeding for custodial responsibility in a court with jurisdiction under Section 78B-20-104 or, if there is no pending proceeding in a court with jurisdiction under Section 78B-20-104, in a new action for granting custodial responsibility during deployment.