(1) In addition to the parent-time schedules provided in Sections 81-9-302 and 81-9-304, the following advisory guidelines are suggested to govern a custody and parent-time arrangement between parents.
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Terms Used In Utah Code 81-9-202

  • Abuse: means the same as that term is defined in Section 80-1-102. See Utah Code 81-9-101
  • Child: means , except as provided in Section 81-6-101, a biological or adopted child of any age. See Utah Code 81-1-101
  • Court: means :
         (2)(a) a judge; or
         (2)(b) a court commissioner if the court commissioner has authority to hear the matter under Section 78A-5-107 or the Utah Rules of Judicial Administration. See Utah Code 81-1-101
  • Custodial parent: means :
         (3)(a) a parent awarded primary physical custody of a minor child by a court order;
         (3)(b) if both parents have joint physical custody:
              (3)(b)(i) the parent awarded more overnights each year by a court order; or
              (3)(b)(ii) the parent designated as the custodial parent by a court order; or
         (3)(c) if there is no court order, the parent with whom the minor child resides more than one-half of the calendar year without regard to any temporary parent-time. See Utah Code 81-1-101
  • Custodial responsibility: includes physical custody, legal custody, parenting time, right to access, parent-time, and authority to grant limited contact with a minor child. See Utah Code 81-9-101
  • Equal: means , with respect to biological sex, of the same value. See Utah Code 68-3-12.5
  • Minor child: means , except as provided in Section 81-6-101, a child who is younger than 18 years old and is not emancipated. See Utah Code 81-1-101
  • Noncustodial parent: means the parent who is not the custodial parent regardless of any designation of joint legal custody. See Utah Code 81-1-101
  • Parent: means a parent with an established parent-child relationship as described in Section 78B-15-201. See Utah Code 81-1-101
  • Person: means :
         (24)(a) an individual;
         (24)(b) an association;
         (24)(c) an institution;
         (24)(d) a corporation;
         (24)(e) a company;
         (24)(f) a trust;
         (24)(g) a limited liability company;
         (24)(h) a partnership;
         (24)(i) a political subdivision;
         (24)(j) a government office, department, division, bureau, or other body of government; and
         (24)(k) any other organization or entity. See Utah Code 68-3-12.5
  • 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
  • Surrogate care: means care by any individual other than the parent of the minor child. See Utah Code 81-9-101
  • Uniformed service: means :
         (14)(a) active and reserve components of the United States Armed Forces;
         (14)(b) the United States Merchant Marine;
         (14)(c) the commissioned corps of the United States Public Health Service;
         (14)(d) the commissioned corps of the National Oceanic and Atmospheric Administration of the United States; or
         (14)(e) the National Guard of a state. See Utah Code 81-9-101
  • 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 minor child or between a minor child and the custodial parent when the minor child is staying with the noncustodial parent. See Utah Code 81-9-101
(2) A parent-time schedule mutually agreed upon by both parents is preferable to a court-imposed solution.
(3) A parent-time schedule shall be used to maximize the continuity and stability of the minor child‘s life.
(4) Each parent shall give special consideration to make the minor child available to attend family functions including funerals, weddings, family reunions, religious holidays, important ceremonies, and other significant events in the life of the minor child or in the life of either parent which may inadvertently conflict with the parent-time schedule.
(5)

     (5)(a) The court shall determine the responsibility for the pick up, delivery, and return of the minor child when the parent-time order is entered.
     (5)(b) The court may change the responsibility described in Subsection (5)(a) at any time a subsequent modification is made to the parent-time order.
     (5)(c) If the noncustodial parent will be providing transportation, the custodial parent shall:

          (5)(c)(i) have the minor child ready for parent-time at the time the minor child is to be picked up ; and
          (5)(c)(ii) be present at the custodial home or make reasonable alternate arrangements to receive the minor child at the time the minor child is returned.
     (5)(d) If the custodial parent will be transporting the minor child, the noncustodial parent shall:

          (5)(d)(i) be at the appointed place at the time the noncustodial parent is to receive the minor child; and
          (5)(d)(ii) have the minor child ready to be picked up at the appointed time and place or have made reasonable alternate arrangements for the custodial parent to pick up the minor child.
(6) A parent may not interrupt regular school hours for a school-age minor child for the exercise of parent-time.
(7) The court may:

     (7)(a) make alterations in the parent-time schedule to reasonably accommodate the work schedule of both parents; and
     (7)(b) increase the parent-time allowed to the noncustodial parent but may not diminish the standardized parent-time provided in Sections 81-9-302 and 81-9-304.
(8) The court may make alterations in the parent-time schedule to reasonably accommodate the distance between the parties and the expense of exercising parent-time.
(9) A parent may not withhold parent-time or child support due to the other parent’s failure to comply with a court-ordered parent-time schedule.
(10)

     (10)(a) The custodial parent shall notify the noncustodial parent within 24 hours of receiving notice of all significant school, social, sports, and community functions in which the minor child is participating or being honored.
     (10)(b) The noncustodial parent is entitled to attend and participate fully in the functions described in Subsection (10)(a).
     (10)(c) The noncustodial parent shall have access directly to all school reports including preschool and daycare reports and medical records.
     (10)(d) A parent shall immediately notify the other parent in the event of a medical emergency.
(11) Each parent shall provide the other with the parent’s current address and telephone number, email address, and other virtual parent-time access information within 24 hours of any change.
(12)

     (12)(a) Each parent shall permit and encourage, during reasonable hours, reasonable and uncensored communications with the minor child, in the form of mail privileges and virtual parent-time if the equipment is reasonably available.
     (12)(b) If the parents cannot agree on whether the equipment is reasonably available, the court shall decide whether the equipment for virtual parent-time is reasonably availableby taking into consideration:

          (12)(b)(i) the best interests of the minor child;
          (12)(b)(ii) each parent’s ability to handle any additional expenses for virtual parent-time; and
          (12)(b)(iii) any other factors the court considers material.
(13)

     (13)(a) Parental care is presumed to be better care for the minor child than surrogate care.
     (13)(b) The court shall encourage the parties to cooperate in allowing the noncustodial parent, if willing and able to transport the minor child, to provide the child care.
     (13)(c) Child care arrangements existing during the marriage are preferred as are child care arrangements with nominal or no charge.
(14) Each parent shall:

     (14)(a) provide all surrogate care providers with the name, current address, and telephone number of the other parent; and
     (14)(b) provide the noncustodial parent with the name, current address, and telephone number of all surrogate care providers unless the court for good cause orders otherwise.
(15)

     (15)(a) Each parent is entitled to an equal division of major religious holidays celebrated by the parents.
     (15)(b) The parent who celebrates a religious holiday that the other parent does not celebrate shall have the right to be together with the minor child on the religious holiday.
(16) If the minor child is on a different parent-time schedule than a sibling, based on Sections 81-9-302 and 81-9-304, the parents should consider if an upward deviation for parent-time with all the minor children so that parent-time is uniform between school aged and nonschool aged children, is appropriate.
(17)

     (17)(a) When one or both parents are servicemembers or contemplating joining a uniformed service, the parents should resolve issues of custodial responsibility in the event of deployment as soon as practicable through reaching a voluntary agreement pursuant to Section 78B-20-201 or through court order obtained pursuant to this part.
     (17)(b) Service members shall ensure their family care plan reflects orders and agreements entered and filed pursuant to Title 78B, Chapter 20, Uniform Deployed Parents Custody, Parent-time, and Visitation Act.
(18) A parent shall immediately notify the other parent if:

     (18)(a) the parent resides with an individual or provides an individual with access to the minor child; and
     (18)(b) the parent knows that the individual:

          (18)(b)(i) is required to register as a sex offender or a kidnap offender for an offense against a minor child under Title 77, Chapter 41, Sex and Kidnap Offender Registry;
          (18)(b)(ii) is required to register as a child abuse offender under Title 77, Chapter 43, Child Abuse Offender Registry; or
          (18)(b)(iii) has been convicted of:

               (18)(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;
               (18)(b)(iii)(B) a sexual offense against a minor child under Title 76, Chapter 5, Part 4, Sexual Offenses;
               (18)(b)(iii)(C) an offense for kidnapping or human trafficking of a minor child under Title 76, Chapter 5, Part 3, Kidnapping, Trafficking, and Smuggling;
               (18)(b)(iii)(D) a sexual exploitation offense against a minor child under Title 76, Chapter 5b, Sexual Exploitation Act; or
               (18)(b)(iii)(E) an offense that is substantially similar to an offense under Subsections (18)(b)(iii)(A) through (D).
(19)

     (19)(a) For emergency purposes, whenever the minor child travels with a parent, the parent shall provide the following information to the other parent:

          (19)(a)(i) an itinerary of travel dates;
          (19)(a)(ii) destinations;
          (19)(a)(iii) places where the minor child or traveling parent can be reached; and
          (19)(a)(iv) the name and telephone number of an available third person who would be knowledgeable of the minor child’s location.
     (19)(b) Unchaperoned travel of a minor child under the age of five years is not recommended.
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