Terms Used In Utah Code > Title 81 > Chapter 9 - Custody, Parent-Time, and Visitation

• Abuse: means the same as that term is defined in Section 80-1-102. See Utah Code 81-9-101
• Administrator: includes "executor" when the subject matter justifies the use. See Utah Code 68-3-12.5
• Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
• Allegation: something that someone says happened.
• Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
• Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
• 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.
• Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
• Child: means , except as provided in Section 81-6-101, a biological or adopted child of any age. See Utah Code 81-1-101
• Contract: A legal written agreement that becomes binding when signed.
• Conviction: A judgement of guilt against a criminal defendant.
• 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
• 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
• Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
• Department: means the Department of Public Safety. See Utah Code 41-12a-103
• District court: means the district court with proper jurisdiction over the minor child. See Utah Code 81-9-401
• Domestic violence: means the same as that term is defined in Section 77-36-1. See Utah Code 81-9-101
• Entitlement: A Federal program or provision of law that requires payments to any person or unit of government that meets the eligibility criteria established by law. Entitlements constitute a binding obligation on the part of the Federal Government, and eligible recipients have legal recourse if the obligation is not fulfilled. Social Security and veterans' compensation and pensions are examples of entitlement programs.
• Equal: means , with respect to biological sex, of the same value. See Utah Code 68-3-12.5
• Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. ^{Source: U.S. Courts}
• 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.
• Father: means a parent who is of the male sex. See Utah Code 68-3-12.5
• Grandchild: means the minor child with respect to whom a grandparent is seeking visitation rights under this part. See Utah Code 81-9-401
• Grandparent: means an individual whose child, either by blood, marriage, or adoption, is the parent of the grandchild. See Utah Code 81-9-401
• Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
• Guardian: includes a person who:
       (14)(a) qualifies as a guardian of a minor or incapacitated person pursuant to testamentary or court appointment; or
       (14)(b) is appointed by a court to manage the estate of a minor or incapacitated person. See Utah Code 68-3-12.5
• Highway: includes :
       (15)(a) a public bridge;
       (15)(b) a county way;
       (15)(c) a county road;
       (15)(d) a common road; and
       (15)(e) a state road. See Utah Code 68-3-12.5
• Individual other than a parent: means an individual who is not a parent and is related to the minor child by marriage or blood, including:
       (4)(a) siblings;
       (4)(b) aunts;
       (4)(c) uncles;
       (4)(d) grandparents;
       (4)(e) current or former step-parents; or
       (4)(f) any of the individuals described in Subsections (4)(a) through (d) in a step relationship to the minor child. See Utah Code 81-9-401
• Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
• 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
• Judgment: means any judgment that is final by:
       (2)(a) expiration without appeal of the time within which an appeal might have been perfected; or
       (2)(b) final affirmation on appeal, rendered by a court of competent jurisdiction of any state or of the United States, upon a cause of action for damages:

            (2)(b)(i) arising out of the ownership, maintenance, or use of any motor vehicle, including damages for care and loss of services because of bodily injury to or death of any person, or because of injury to or destruction of property including the loss of use of the property; or

            (2)(b)(ii) on a settlement agreement. See Utah Code 41-12a-103
• Juneteenth National Freedom Day: means the day on which the Juneteenth National Freedom Day holiday is celebrated in this state in accordance with Section 63G-1-301. See Utah Code 81-9-301
• 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}
• Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
• 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
• Month: means a calendar month, unless otherwise expressed. See Utah Code 68-3-12.5
• Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
• Mortgagor: The person who pledges property to a creditor as collateral for a loan and who receives the money.
• Mother: means a parent who is of the female sex. See Utah Code 68-3-12.5
• Motor vehicle: means every self-propelled vehicle that is designed for use upon a highway, including trailers and semitrailers designed for use with other motorized vehicles. See Utah Code 41-12a-103
• 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
• 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.
• Operator: means every person who is in actual physical control of a motor vehicle. See Utah Code 41-12a-103
• Owner: means :
       (8)(a) a person who holds legal title to a motor vehicle;
       (8)(b) a lessee in possession;
       (8)(c) a conditional vendee or lessee if a motor vehicle is the subject of a conditional sale or lease with the right of purchase upon performance of the conditions stated in the agreement and with an immediate right of possession in the conditional vendee or lessee; or
       (8)(d) a mortgagor if a motor vehicle is the subject of a mortgage with the mortgagor entitled to possession. See Utah Code 41-12a-103
• 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
• 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
• Plaintiff: The person who files the complaint in a civil lawsuit.
• Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
• Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5
• Property: includes both real and personal property. See Utah Code 68-3-12.5
• Protective order: means :
       (8)(a) a civil protective order, as that term is defined in Section 78B-7-102;
       (8)(b) an ex parte civil protective order, as that term is defined in Section 78B-7-102; or
       (8)(c) a foreign protection order, as that term is defined in Section 78B-7-302. See Utah Code 81-9-101
• Psychological maltreatment: means a repeated pattern or extreme incident of caretaker behavior that:
       (9)(a) intentionally thwarts a minor child's basic psychological needs, including physical and psychological safety, cognitive stimulation, and respect;
       (9)(b) conveys that a minor child is worthless, defective, or expendable; and
       (9)(c) may terrorize a minor child. See Utah Code 81-9-101
• Registration: means the issuance of the certificates and registration plates issued under the laws of Utah pertaining to the registration of motor vehicles. See Utah Code 41-12a-103
• Road: includes :
       (33)(a) a public bridge;
       (33)(b) a county way;
       (33)(c) a county road;
       (33)(d) a common road; and
       (33)(e) a state road. See Utah Code 68-3-12.5
• Service member: means a member of a uniformed service. See Utah Code 81-9-101
• Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
• 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
• Sexual abuse: means the same as that term is defined in Section 80-1-102. See Utah Code 81-9-101
• State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
• Statute: A law passed by a legislature.
• Supervised parent-time: means parent-time that requires the noncustodial parent to be accompanied during parent-time by an individual approved by the court. See Utah Code 81-9-101
• Surrogate care: means care by any individual other than the parent of the minor child. See Utah Code 81-9-101
• Testimony: Evidence presented orally by witnesses during trials or before grand juries.
• 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
• United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5
• Venue: The geographical location in which a case is tried.
• 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
• Weekends: include , for a parent-time schedule under Sections 81-9-302 and 81-9-303, any snow days, teacher development days, or other days when school is not scheduled and that are contiguous to the weekend period. See Utah Code 81-9-301