State Codes and Statutes

Statutes > Utah > Title-30 > Chapter-03 > 30-3-32

30-3-32. Parent-time -- Intent -- Policy -- Definitions.
(1) It is the intent of the Legislature to promote parent-time at a level consistent with allparties' interests.
(2) (a) A court shall consider as primary the safety and well-being of the child and theparent who is the victim of domestic or family violence.
(b) Absent a showing by a preponderance of evidence of real harm or substantiatedpotential harm to the child:
(i) it is in the best interests of the child of divorcing, divorced, or adjudicated parents tohave frequent, meaningful, and continuing access to each parent following separation or divorce;
(ii) each divorcing, separating, or adjudicated parent is entitled to and responsible forfrequent, meaningful, and continuing access with his child consistent with the child's bestinterests; and
(iii) it is in the best interests of the child to have both parents actively involved inparenting the child.
(c) An order issued by a court pursuant to Title 78B, Chapter 7, Part 1, Cohabitant AbuseAct shall be considered evidence of real harm or substantiated potential harm to the child.
(3) For purposes of Sections 30-3-32 through 30-3-37:
(a) "Child" means the child or children of divorcing, separating, or adjudicated parents.
(b) "Christmas school vacation" means the time period beginning on the evening thechild gets out of school for the Christmas or winter school break until the evening before thechild returns to school.
(c) "Extended parent-time" means a period of parent-time other than a weekend, holidayas provided in Subsections 30-3-35(2)(f) and (2)(g), religious holidays as provided inSubsections 30-3-33(3) and (17), and "Christmas school vacation."
(d) "Surrogate care" means care by any individual other than the parent of the child.
(e) "Uninterrupted time" means parent-time exercised by one parent without interruptionat any time by the presence of the other parent.
(f) "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 Internetor other communication media to supplement in-person visits between a noncustodial parent anda child or between a child and the custodial parent when the child is staying with thenoncustodial parent. Virtual parent-time is designed to supplement, not replace, in-personparent-time.
(4) If a parent relocates because of an act of domestic violence or family violence by theother parent, the court shall make specific findings and orders with regards to the application ofSection 30-3-37.

Amended by Chapter 3, 2008 General Session
Amended by Chapter 146, 2008 General Session