81-1 - General Provisions
Title 81 > 81-1
Sections (5)
General Provisions
81-1-101 - Definitions for title.
As used in this title:
(1) “Child” means, except as provided in Sections 81-5-102, 81-6-101, 81-8-102, and 81-10-101, a son or daughter of any age.
(2) “Court” means:a judge; ora court commissioner if the court commissioner has authority to hear the matter under Section 78A-5-107 or the Utah Rules of Judicial Administration.
(3) “Custodial parent” means:a parent awarded primary physical custody of a minor child by a court order;if both parents have joint physical custody:the parent awarded more overnights each year by a court order; orthe parent designated as the custodial parent by a court order; orif 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.
(4) “Minor child” means, except as provided in Section 81-6-101, a child who is younger than 18 years old and is not emancipated.
(5) “Noncustodial parent” means the parent who is not the custodial parent regardless of any designation of joint legal custody.
(6) “Parent” means, except as provided in Section 81-13-211, an individual with an established parent-child relationship as described in Section 81-5-201.
Amended by Chapter 426, 2025 General Session
Domestic Relations Proceedings
81-1-201 - Definitions for part.
As used in this part:
(1) “Alimony” means the same as that term is defined in Section 81-4-101.
(2) “Child support” means the same as that term is defined in Section 81-6-101.
Enacted by Chapter 366, 2024 General Session
81-1-202 - Court records in a domestic relations action.
(1) In an action under this title, a party may file a motion to have the records of the action other than the final judgment, order, or decree, classified as private.If the court finds that there are substantial interests favoring restricting access that clearly outweigh the interests favoring access, the court may classify the records of the action, or any part of the records of the action, other than the final order, judgment, or decree, as private.An order classifying part of the records of the action as private does not apply to subsequent filings.The record of an action is private until the court determines it is possible to release the record without prejudice to the interests that justified the closure.
(2) Any interested person may petition the court to permit access to a record classified as private as described in Subsection (1).The interested person described in Subsection (2)(a) shall serve the petition on the parties to the closure order.
(3) A party shall place the social security number of any individual, who is the subject of an action under this title, in the records relating to the matter.
Amended by Chapter 426, 2025 General Session
81-1-203 - Award of costs and attorney and witness fees — Temporary support and maintenance.
(1) In an action filed under Chapter 4, Dissolution of Marriage, Title 78B, Chapter 7, Part 6, Cohabitant Abuse Protective Orders, or in an action to establish an order of custody, parent-time, child support, alimony, or the division of property in a domestic case, the court may order a party to pay the costs, attorney fees, and witness fees, including expert witness fees, of the other party to enable the other party to prosecute or defend the action.The order under Subsection (1)(a) may include a provision for costs of the action.
(2) In an action to enforce an order of custody, parent-time, child support, alimony, or division of property in a domestic case, the court may award costs and attorney fees upon determining that the party substantially prevailed upon the claim or defense.
(3) The court, in the court’s discretion, may award no fees or limited fees against a party if the court finds the party is indigent or enters in the record the reason for not awarding fees.
(4) In an action described in Subsection (1), the court may order a party to provide money, during the pendency of the action, for the separate support and maintenance of the other party and of a minor child in the custody of the other party.
(5) The court may amend an order entered in accordance with this section before the entry of the final order or judgment or in the final order or judgment.
Renumbered and Amended by Chapter 366, 2024 General Session
81-1-204 - Continuing jurisdiction of a court in a domestic relations action.
In an action under this title, the court has continuing jurisdiction after a decree or final order is entered to make subsequent changes to the order, or to enter a new order, including an order regarding:
(1) the distribution of the property and obligations for debts, as is reasonable and necessary, for an action described in Chapter 4, Dissolution of Marriage;
(2) alimony in accordance with Section 81-4-504;
(3) child support and medical expenses in accordance with Sections 81-6-208 and 81-6-212; and
(4) custody and parent-time in accordance with Section 81-9-208.
Enacted by Chapter 366, 2024 General Session