Utah Code 30-3-34. Parent-time — Best interests — Rebuttable presumption
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(1) If the parties are unable to agree on a parent-time schedule, the court may:
Terms Used In Utah Code 30-3-34
- 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.
- Psychological maltreatment: means a repeated pattern or extreme incident of caretaker behavior that:(7)(a) intentionally thwarts a child's basic psychological needs, including physical and psychological safety, cognitive stimulation, and respect;(7)(b) conveys that a child is worthless, defective, or expendable; and(7)(c) may terrorize a child. See Utah Code 30-3-10.1
- Sexual abuse: means the same as that term is defined in Section
80-1-102 . See Utah Code 30-3-10.1(1)(a) establish a parent-time schedule; or(1)(b) order a parent-time schedule described in Section30-3-35 ,30-3-35.1 ,30-3-35.2 , or30-3-35.5 . - Sexual abuse: means the same as that term is defined in Section
(2) The advisory guidelines as provided in Section 30-3-33 and the parent-time schedule as provided in Sections 30-3-35 and 30-3-35.5 shall be considered the minimum parent-time to which the noncustodial parent and the child shall be entitled.
(3) In accordance with Section 30-3-41 , when ordering a parent-time schedule a court shall consider:
(3)(a) evidence of domestic violence, physical abuse, or sexual abuse involving the child, a parent, or a household member of the parent; and
(3)(b) whether parent-time would endanger the child’s health or physical or psychological safety.
(4) A court may consider the following when ordering a parent-time schedule:
(4)(a) evidence of psychological maltreatment;
(4)(b) the distance between the residency of the child and the noncustodial parent;
(4)(c) the lack of demonstrated parenting skills without safeguards to ensure the child’s well-being during parent-time;
(4)(d) the financial inability of the noncustodial parent to provide adequate food and shelter for the child during periods of parent-time;
(4)(e) the preference of the child if the court determines the child is of sufficient maturity;
(4)(f) the incarceration of the noncustodial parent in a county jail, secure youth corrections facility, or an adult corrections facility;
(4)(g) shared interests between the child and the noncustodial parent;
(4)(h) the involvement or lack of involvement of the noncustodial parent in the school, community, religious, or other related activities of the child;
(4)(i) the availability of the noncustodial parent to care for the child when the custodial parent is unavailable to do so because of work or other circumstances;
(4)(j) a substantial and chronic pattern of missing, canceling, or denying regularly scheduled parent-time;
(4)(k) the minimal duration of and lack of significant bonding in the parents’ relationship before the conception of the child;
(4)(l) the parent-time schedule of siblings;
(4)(m) the lack of reasonable alternatives to the needs of a nursing child; and
(4)(n) any other criteria the court determines relevant to the best interests of the child.
(5) The court shall enter the reasons underlying the court’s order for parent-time that:
(5)(a) incorporates a parent-time schedule provided in Section 30-3-35 or 30-3-35.5 ; or
(5)(b) provides more or less parent-time than a parent-time schedule provided in Section 30-3-35 or 30-3-35.5 .
(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 child.
(7) Once the parent-time schedule has been established, the parties may not alter the schedule except by mutual consent of the parties or a court order.