Terms Used In Utah Code > Title 78B > Chapter 20 - Uniform Deployed Parents Custody, Parent-time, and Visitation Act

• Adult: means an individual who has attained 18 years old or is an emancipated minor. See Utah Code 78B-20-102
• Armed forces: means the United States Army, Navy, Air Force, Marine Corps, Space Force, and Coast Guard. See Utah Code 68-3-12.5
• Arrest: Taking physical custody of a person by lawful authority.
• Bicycle: includes an electric assisted bicycle. See Utah Code 41-6a-102
• Caretaking authority: includes physical custody, parent-time, right to access, and visitation. See Utah Code 78B-20-102
• Child: means :
       (3)(a) an unemancipated individual who has not attained 18 years old; or
       (3)(b) an adult son or daughter by birth or adoption, or under law of this state other than this chapter, who is the subject of a court order concerning custodial responsibility. See Utah Code 78B-20-102
• Contract: A legal written agreement that becomes binding when signed.
• 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
• Department: means the Department of Public Safety. See Utah Code 41-6a-102
• Dependent: A person dependent for support upon another.
• 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
• 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.
• Family care plan: means a formal written contingency plan mandated by regulation of the various departments and components of the uniformed service that requires certain service member parents of minor children to plan in advance for the smooth, rapid transfer of parental responsibilities to designees during the absence of the service member due to death, incapacity, short-term absences, long-term absences, including deployments, or noncombatant evacuation operations. See Utah Code 78B-20-102
• Family member: means a sibling, aunt, uncle, cousin, stepparent, or grandparent of a child, or an individual recognized to be in a familial relationship with a child under the law of this state other than this chapter. See Utah Code 78B-20-102
• Freeway: means a controlled-access highway that is part of the interstate system as defined in Section 72-1-102. See Utah Code 41-6a-102
• Highway: means the entire width between property lines of every way or place of any nature when any part of it is open to the use of the public as a matter of right for vehicular travel. See Utah Code 41-6a-102
• Highway authority: means the same as that term is defined in Section 72-1-102. See Utah Code 41-6a-102
• Intersection: means the area embraced within the prolongation or connection of the lateral curb lines, or, if none, then the lateral boundary lines of the roadways of two or more highways that join one another. See Utah Code 41-6a-102
• Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
• Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). ^{Source: OCC}
• Limited contact: includes authority to take the child to a place other than the residence of the child. See Utah Code 78B-20-102
• Local highway authority: means the legislative, executive, or governing body of a county, municipal, or other local board or body having authority to enact laws relating to traffic under the constitution and laws of the state. See Utah Code 41-6a-102
• Moped: means a motor-driven cycle having:
            (41)(a)(i) pedals to permit propulsion by human power; and
            (41)(a)(ii) a motor that:

                 (41)(a)(ii)(A) produces not more than two brake horsepower; and

                 (41)(a)(ii)(B) is not capable of propelling the cycle at a speed in excess of 30 miles per hour on level ground. See Utah Code 41-6a-102
• Motor vehicle: means a vehicle that is self-propelled and a vehicle that is propelled by electric power obtained from overhead trolley wires, but not operated upon rails. See Utah Code 41-6a-102
• Nonparent: means an individual other than a deploying parent or other parent. See Utah Code 78B-20-102
• Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
• Operate: means the same as that term is defined in Section 41-1a-102. See Utah Code 41-6a-102
• Operator: means :
       (49)(a) a human driver, as defined in Section Utah Code 41-6a-102
• Other parent: means an individual who, in common with a deploying parent, is:
       (13)(a) a parent of a child under the law of this state other than this chapter; or
       (13)(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
• Peace officer: means a peace officer authorized under Title 53, Chapter 13, Peace Officer Classifications, to direct or regulate traffic or to make arrests for violations of traffic laws. See Utah Code 41-6a-102
• Person: means a natural person, firm, copartnership, association, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, governmental agency, public corporation, or any other legal or commercial entity. See Utah Code 41-6a-102
• Power of attorney: A written instrument which authorizes one person to act as another's agent or attorney. The power of attorney may be for a definite, specific act, or it may be general in nature. The terms of the written power of attorney may specify when it will expire. If not, the power of attorney usually expires when the person granting it dies. ^{Source: OCC}
• Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5
• Railroad: means a carrier of persons or property upon cars operated on stationary rails. See Utah Code 41-6a-102
• Record: means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form. See Utah Code 78B-20-102
• Return from deployment: means the conclusion of a service member's deployment as specified in uniformed service orders. See Utah Code 78B-20-102
• Right-of-way: means the right of one vehicle or pedestrian to proceed in a lawful manner in preference to another vehicle or pedestrian approaching under circumstances of direction, speed, and proximity that give rise to danger of collision unless one grants precedence to the other. See Utah Code 41-6a-102
• Roadway: means that portion of highway improved, designed, or ordinarily used for vehicular travel. See Utah Code 41-6a-102
• Service member: means a member of a uniformed service. See Utah Code 78B-20-102
• State: means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States. See Utah Code 78B-20-102
• Testimony: Evidence presented orally by witnesses during trials or before grand juries.
• Traffic: means pedestrians, ridden or herded animals, vehicles, and other conveyances either singly or together while using any highway for the purpose of travel. See Utah Code 41-6a-102
• Uniformed service: means :
       (19)(a) active and reserve components of the United States armed forces;
       (19)(b) the United States Merchant Marine;
       (19)(c) the commissioned corps of the United States Public Health Service;
       (19)(d) the commissioned corps of the National Oceanic and Atmospheric Administration of the United States; or
       (19)(e) the National Guard of a state. See Utah Code 78B-20-102
• United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5
• Vehicle: means a device in, on, or by which a person or property is or may be transported or drawn on a highway, except a mobile carrier, as defined in Section 41-6a-1120, or a device used exclusively on stationary rails or tracks. See Utah Code 41-6a-102
• Writing: includes :
       (48)(a) printing;
       (48)(b) handwriting; and
       (48)(c) information stored in an electronic or other medium if the information is retrievable in a perceivable format. See Utah Code 68-3-12.5