(1) An agreement under this part is temporary and terminates pursuant to Part 4, Return from Deployment, after the deploying parent returns from deployment, unless the agreement has been terminated before that time by court order or modification under Section 78B-2-203. The agreement may not create an independent, continuing right to caretaking authority, decision-making authority, or limited contact in an individual to whom custodial responsibility is given.

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Terms Used In Utah Code 78B-20-202

  • Caretaking authority: includes physical custody, parent-time, right to access, and visitation. 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
  • Decision-making authority: means the power to make important decisions regarding a child, including decisions regarding the child's education, religious training, health care, extracurricular activities, and travel. 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
  • Limited contact: includes authority to take the child to a place other than the residence of the child. See Utah Code 78B-20-102
  • Nonparent: means an individual other than a deploying parent or other parent. See Utah Code 78B-20-102
(2) A nonparent who has caretaking authority, decision-making authority, or limited contact by an agreement under this part has standing to enforce the agreement until it has been terminated by court order, by modification under Section 78B-20-203, or under Part 4, Return from Deployment.