Utah Code 30-3-32. Parent-time — Definitions — Considerations for parent-time — Relocation
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(1) As used in Sections 30-3-32 through 30-3-37:
Terms Used In Utah Code 30-3-32
- Abuse: means the same as that term is defined in Section
80-1-102 . See Utah Code 30-3-10.1 - Domestic violence: means the same as that term is defined in Section
77-36-1 . 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.
(1)(a) “Child” means the child of divorcing, separating, or adjudicated parents.
(1)(b) “Supervised parent-time” means parent-time that requires the noncustodial parent to be accompanied during parent-time by an individual approved by the court.
(1)(c) “Surrogate care” means care by any individual other than the parent of the child.
(1)(d) “Uninterrupted time” means parent-time exercised by one parent without interruption at any time by the presence of the other parent.
(1)(e) “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 child or between a child and the custodial parent when the child is staying with the noncustodial parent.
(2)
(2)(a) A court shall consider as primary the safety and well-being of the child and the parent who experiences domestic or family violence.
(2)(b) Absent a showing by a preponderance of evidence of real harm or substantiated potential harm to the child:
(2)(b)(i) it is in the best interests of the child of divorcing, divorced, or adjudicated parents to have frequent, meaningful, and continuing access to each parent following separation or divorce;
(2)(b)(ii) each divorcing, separating, or adjudicated parent is entitled to and responsible for frequent, meaningful, and continuing access with the parent’s child consistent with the child’s best interests; and
(2)(b)(iii) it is in the best interests of the child to have both parents actively involved in parenting the child.
(3) An order issued by a court pursuant to Title 78B, Chapter 7, Part 6, Cohabitant Abuse Protective Orders, shall be considered evidence of real harm or substantiated potential harm to the child.
(4) 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 30-3-37.