(1) In a custody or parent-time proceeding that is not a divorce action, the court may require the parents to attend the mandatory educational course described in Section 81-4-106.
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Terms Used In Utah Code 81-9-203

  • Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
  • Child: means , except as provided in Section 81-6-101, a biological or adopted child of any age. See Utah Code 81-1-101
  • Counterclaim: A claim that a defendant makes against a plaintiff.
  • 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
  • Equal: means , with respect to biological sex, of the same value. See Utah Code 68-3-12.5
  • Joint legal custody: means the sharing of the rights, privileges, duties, and powers of a parent by both parents, where specified. See Utah Code 81-9-101
  • Joint physical custody: means the minor child stays with each parent overnight for more than 30% of the year and both parents contribute to the expenses of the minor child in addition to paying child support. See Utah Code 81-9-101
  • 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
  • Parent: means a parent with an established parent-child relationship as described in Section 78B-15-201. See Utah Code 81-1-101
  • Parenting functions: include :
              (6)(b)(i) maintaining a loving, stable, consistent, and nurturing relationship with the minor child;
              (6)(b)(ii) attending to the daily needs of the minor child, such as feeding, clothing, physical care, grooming, supervision, health care, day care, and engaging in other activities which are appropriate to the developmental level of the minor child and that are within the social and economic circumstances of the particular family;
              (6)(b)(iii) attending to adequate education for the minor child, including remedial or other education essential to the best interest of the minor child;
              (6)(b)(iv) assisting the minor child in developing and maintaining appropriate interpersonal relationships;
              (6)(b)(v) exercising appropriate judgment regarding the minor child's welfare, consistent with the minor child's developmental level and family social and economic circumstances; and
              (6)(b)(vi) providing for the financial support of the minor child. See Utah Code 81-9-101
  • Parenting plan: includes the allocation of parenting functions that are incorporated in any final decree or decree of modification including an action for dissolution of marriage, annulment, legal separation, or paternity. See Utah Code 81-9-101
  • Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5
  • Service member: means a member of a uniformed service. See Utah Code 81-9-101
  • Statute: A law passed by a legislature.
(2)

     (2)(a) In a proceeding between parents regarding the custody or parent-time for a minor child, the parent shall file and serve a proposed parenting plan at the time of the filing of the parent’s original petition or at the time of filing the parent’s answer or counterclaim.
     (2)(b) In a proceeding in which a parent seeks to modify custody provisions or a parenting plan, the parent shall file the proposed parenting plan with the petition to modify or the answer or counterclaim to the petition to modify.
     (2)(c) A parent who desires joint legal custody shall file a proposed parenting plan in accordance with this section.
(3) If a parent files a proposed parenting plan in compliance with this section, the parent may move the court for an order of default to adopt the plan if the other parent fails to file a proposed parenting plan as required by this section.
(4) A parent may file and serve an amended proposed parenting plan according to the Utah Rules of Civil Procedure.
(5) The parent submitting a proposed parenting plan shall attach a verified statement that the plan is proposed by that parent in good faith.
(6)

     (6)(a) Both parents may submit a parenting plan which has been agreed upon.
     (6)(b) The parents shall attach a verified statement to the parenting plan that is signed by both parents.
(7) If the parents file inconsistent parenting plans, the court may appoint a guardian ad litem to represent the best interests of the minor child, who may, if necessary, file a separate parenting plan reflecting the best interests of the minor child.
(8)

     (8)(a) If a parent is a service member, the parenting plan shall be consistent with Subsection (16).
     (8)(b) If a parent becomes a service member after a parenting plan is adopted, the parents shall amend the existing parenting plan as soon as practical to comply with Subsection (16).
(9) The objectives of a parenting plan are to:

     (9)(a) provide for the minor child’s physical care;
     (9)(b) maintain the minor child’s emotional stability;
     (9)(c) provide for the minor child’s changing needs as the minor child grows and matures in a way that minimizes the need for future modifications to the parenting plan;
     (9)(d) set forth the authority and responsibilities of each parent with respect to the minor child consistent with the definitions outlined in this chapter;
     (9)(e) minimize the minor child’s exposure to harmful parental conflict;
     (9)(f) encourage the parents, where appropriate, to meet the responsibilities to their minor child through agreements in the parenting plan rather than relying on judicial intervention; and
     (9)(g) protect the best interests of the minor child.
(10)

     (10)(a) The parenting plan shall contain:

          (10)(a)(i) provisions for resolution of future disputes between the parents, allocation of decision-making authority, and residential provisions for the minor child;
          (10)(a)(ii) provisions addressing notice and parent-time responsibilities in the event of the relocation of a party; and
          (10)(a)(iii) a process for resolving disputes, unless precluded or limited by statute.
     (10)(b) A dispute resolution process under Subsection (10)(a)(iii) may include:

          (10)(b)(i) counseling;
          (10)(b)(ii) mediation or arbitration by a specified individual or agency; or
          (10)(b)(iii) court action.
     (10)(c) In the dispute resolution process under Subsection (10)(b):

          (10)(c)(i) preference shall be given to the provisions in the parenting plan;
          (10)(c)(ii) parents shall use the designated process to resolve disputes relating to implementation of the plan, except those related to financial support, unless an emergency exists;
          (10)(c)(iii) a written record shall be prepared of any agreement reached in counseling or mediation and provided to each party;
          (10)(c)(iv) if arbitration becomes necessary, a written record shall be prepared and a copy of the arbitration award shall be provided to each party;
          (10)(c)(v) if the court finds that a parent has used or frustrated the dispute resolution process without good reason, the court may award attorney fees and financial sanctions to the prevailing parent;
          (10)(c)(vi) the district court has the right of review from the dispute resolution process; and
          (10)(c)(vii) the provisions of this Subsection (10)(c) shall be set forth in any final decree or order.
(11)

     (11)(a) Subject to the other provisions of this Subsection (11), the parenting plan shall allocate decision-making authority to one or both parties regarding the minor child’s education, healthcare, and religious upbringing.
     (11)(b) The parties may incorporate an agreement related to the care and growth of the minor child in these specified areas or in other areas into the plan that are consistent with parenting functions and the criteria outlined in Subsection (9).
     (11)(c) Regardless of the allocation of decision-making in the parenting plan, a parent may make emergency decisions affecting the health or safety of the minor child.
     (11)(d) A minor child’s education plan shall designate the following:

          (11)(d)(i) the home residence for purposes of identifying the appropriate school or another specific plan that provides for where the minor child will attend school;
          (11)(d)(ii) which parent has authority to make education decisions for the minor child if the parents cannot agree; and
          (11)(d)(iii) whether one or both parents have access to the minor child during school and authority to check the minor child out of school.
     (11)(e) If an education provision is not included in the parenting plan:

          (11)(e)(i) a parent with sole physical custody shall make the decisions listed in Subsection (11)(d);
          (11)(e)(ii) in the event of joint physical custody when one parent has custody a majority of the timeas described in Subsection 81-9-205(10):

               (11)(e)(ii)(A) the parent having the minor child the majority of the time shall make the decisions listed in Subsections (11)(d)(i) and (ii); and
               (11)(e)(ii)(B) both parents with joint physical custody shall have access to the minor child during school and authority to check the child out of school; or
          (11)(e)(iii) in the event of joint physical custody when the parents have custody an equal amount of time:

               (11)(e)(iii)(A) the court shall determine how the decisions listed in Subsections (11)(d)(i) and (ii) are made; and
               (11)(e)(iii)(B) both parents with joint physical custody shall have access to the minor child during school and authority to check the minor child out of school.
(12) Each parent may make decisions regarding the day-to-day care and control of the minor child while the minor child is residing with that parent.
(13) When mutual decision-making is designated but cannot be achieved, the parties shall make a good faith effort to resolve the issue through the dispute resolution process.
(14) The parenting plan shall include a residential schedule that designates in which parent’s home a minor child shall reside on given days of the year, including provisions for holidays, birthdays of family members, vacations, and other special occasions.
(15)

     (15)(a) If a parent fails to comply with a provision of the parenting plan or a child support order, the other parent’s obligations under the parenting plan or the child support order are not affected.
     (15)(b) Failure to comply with a provision of the parenting plan or a child support order may result in a finding of contempt of court.
(16)

     (16)(a) If a parent is a service member, the parenting plan shall contain provisions that address the foreseeable parenting and custodial issues likely to arise in the event of notification of deployment or other contingency, including long-term deployments, short-term deployments, death, incapacity, and noncombatant evacuation operations.
     (16)(b) The provisions in the parenting plan described in Subsection (16)(a) shall comport substantially with the requirements of an agreement made pursuant to Section 78B-20-201.
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