Terms Used In Utah Code > Title 81 > Chapter 9 > Part 2 - Custody and Parent-time Between Parents

• Abuse: means the same as that term is defined in Section 80-1-102. See Utah Code 81-9-101
• 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.
• Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
• 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
• 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
• 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.
• 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
• 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.
• 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
• 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.
• 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
• Process: means a writ or summons issued in the course of a judicial proceeding. 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
• Service member: means a member of a uniformed service. See Utah Code 81-9-101
• 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
• 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
• 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