State Codes and Statutes
Statutes > Utah > Title-78b > Chapter-13 > 78b-13-20478B-13-204. Temporary emergency jurisdiction.
(1) A court of this state has temporary emergency jurisdiction if the child is present inthis state and the child has been abandoned or it is necessary in an emergency to protect the childbecause the child, or a sibling or parent of the child, is subjected to or threatened withmistreatment or abuse.
(2) If there is no previous child custody determination that is entitled to be enforcedunder this chapter, and if no child custody proceeding has been commenced in a court of a statehaving jurisdiction under Sections 78B-13-201 through 78B-13-203, a child custodydetermination made under this section remains in effect until an order is obtained from a court ofa state having jurisdiction under Sections 78B-13-201 through 78B-13-203. If a child custodyproceeding has not been or is not commenced in a court of a state having jurisdiction underSections 78B-13-201 through 78B-13-203, a child custody determination made under this sectionbecomes a final determination, if:
(a) it so provides; and
(b) this state becomes the home state of the child.
(3) If there is a previous child custody determination that is entitled to be enforced underthis chapter, or a child custody proceeding has been commenced in a court of a state havingjurisdiction under Sections 78B-13-201 through 78B-13-203, any order issued by a court of thisstate under this section shall specify in the order a period of time which the court considersadequate to allow the person seeking an order to obtain an order from the state havingjurisdiction under Sections 78B-13-201 through 78B-13-203. The order issued in this stateremains in effect until an order is obtained from the other state within the period specified or theperiod expires.
(4) A court of this state that has been asked to make a child custody determination underthis section, upon being informed that a child custody proceeding has been commenced, or achild custody determination has been made, by a court of a state having jurisdiction underSections 78B-13-201 through 78B-13-203, shall immediately communicate with the other court. A court of this state that is exercising jurisdiction pursuant to Sections 78B-13-201 through78B-13-203, upon being informed that a child custody proceeding has been commenced, or achild custody determination has been made by a court of another state under a statute similar tothis section shall immediately communicate with the court of that state. The purpose of thecommunication is to resolve the emergency, protect the safety of the parties and the child, anddetermine a period for the duration of the temporary order.
Renumbered and Amended by Chapter 3, 2008 General Session
