Utah Code 30-3-10.4. Modification or termination of order
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(1) The court has continuing jurisdiction to make subsequent changes to modify:
Terms Used In Utah Code 30-3-10.4
- Abuse: means the same as that term is defined in Section
80-1-102 . See Utah Code 30-3-10.1 - Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
- Custodial responsibility: includes all powers and duties relating to caretaking authority and decision-making authority for a child. See Utah Code 30-3-10.1
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- 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.
- Service member: means a member of a uniformed service. See Utah Code 30-3-10.1
- Sex: means , in relation to an individual, the individual's biological sex, either male or female, at birth, according to distinct reproductive roles as manifested by:(34)(a) sex and reproductive organ anatomy;(34)(b) chromosomal makeup; and(34)(c) endogenous hormone profiles. See Utah Code 68-3-12.5(1)(a) custody of a child if there is a showing of a substantial and material change in circumstances since the entry of the order; and(1)(b) parent-time for a child if there is a showing that there is a change in circumstances since the entry of the order.
(2) A substantial and material change in circumstances under Subsection (1)(a) includes a showing by a parent that the other parent:
(2)(a) resides with an individual or provides an individual with access to the child; and
(2)(b) knows that the individual:
(2)(b)(i) is required to register as a sex offender or a kidnap offender for an offense against a child under Title 77, Chapter 41, Sex and Kidnap Offender Registry;
(2)(b)(ii) is required to register as a child abuse offender under Title 77, Chapter 43, Child Abuse Offender Registry; or
(2)(b)(iii) has been convicted of:
(2)(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 ;
(2)(b)(iii)(B) a sexual offense against a child under Title 76, Chapter 5, Part 4, Sexual Offenses;
(2)(b)(iii)(C) an offense for kidnapping or human trafficking of a child under Title 76, Chapter 5, Part 3, Kidnapping, Trafficking, and Smuggling;
(2)(b)(iii)(D) a sexual exploitation offense against a child under Title 76, Chapter 5b, Sexual Exploitation Act; or
(2)(b)(iii)(E) an offense that is substantially similar to an offense under Subsections (2)(b)(iii)(A) through (D).
(3) 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:
(3)(a) the verified petition or accompanying affidavit initially alleges that admissible evidence will show that the circumstances of the child or one or both parents or joint legal or physical custodians have materially and substantially changed since the entry of the order to be modified;
(3)(b) a modification of the terms and conditions of the order would be an improvement for and in the best interest of the child; and
(3)(c)
(3)(c)(i) both parents have complied in good faith with the dispute resolution procedure in accordance with Subsection 30-3-10.3 (6); or
(3)(c)(ii) 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 30-3-10.2 (5) unless the parents certify that, in good faith, they have used a dispute resolution procedure to resolve their dispute.
(4)
(4)(a) In determining whether the best interest of a 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 outlined in Section 30-3-10 and Subsection 30-3-10.2 (2).
(4)(b) A court order modifying or terminating an existing joint legal custody or joint physical custody order shall contain written findings that:
(4)(b)(i) a material and substantial change of circumstance has occurred; and
(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 child.
(4)(c) The court shall give substantial weight to the existing joint legal custody or joint physical custody order when the child is thriving, happy, and well-adjusted.
(5) 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 Subsection 30-3-10 (3). The court may modify the terms and conditions of the existing order in accordance with Subsection 30-3-10 (8) and may order the parents to file a parenting plan in accordance with this chapter.
(6) 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 30-3-10.8 .
(7) If the court finds that an action under this section 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.
(8) 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 78B-20-306 through 78B-20-309 .