81-10 - Uniform Deployed Parents Custody, Parent-Time, and Visitation Act
Title 81 > 81-10
Sections (29)
General Provisions
81-10-101 - Definitions for chapter.
As used in this chapter:
(1) “Adult” means an individual who is at least 18 years old or is an emancipated minor child.
(2) “Caretaking authority” means the right to live with and care for a child on a day-to-day basis.”Caretaking authority” includes physical custody, parent-time, right to access, and visitation.
(3) “Child” means:a minor child; oran adult son or daughter by birth or adoption, or under the law of this state other than this chapter, who is the subject of a court order concerning custodial responsibility.
(4) “Court” means a tribunal, including an administrative agency, authorized under the law of this state other than this chapter to make, enforce, or modify a decision regarding custodial responsibility.
(5) “Custodial responsibility” includes all powers and duties relating to caretaking authority and decision-making authority for a child.”Custodial responsibility” includes physical custody, legal custody, parent-time, right to access, visitation, and authority to grant limited contact with a child.
(6) “Decision-making authority” means the power to make important decisions regarding a child, including decisions regarding the child’s education, religious training, health care, extracurricular activities, and travel.”Decision-making authority” does not include the power to make decisions that necessarily accompany a grant of caretaking authority.
(7) “Deploying parent” means a service member who is deployed or has been notified of impending deployment and is:a parent of a child under the law of this state other than this chapter; oran individual who has custodial responsibility for a child under the law of this state other than this chapter.
(8) “Deployment” means the movement or mobilization of a service member for more than 90 days but less than 18 months pursuant to uniformed service orders that:are designated as unaccompanied;do not authorize dependent travel; orotherwise do not permit the movement of family members to the location to which the service member is deployed.
(9) “Family care plan” means a formal written contingency plan mandated by regulation of the various departments and components of the uniformed service that requires certain service member parents of minor children to plan in advance for the smooth, rapid transfer of parental responsibilities to designees during the absence of the service member due to death, incapacity, short-term absences, long-term absences, including deployments, or noncombatant evacuation operations.
(10) “Family member” means a sibling, aunt, uncle, cousin, stepparent, or grandparent of a child, or an individual recognized to be in a familial relationship with a child under the law of this state other than this chapter.
(11) “Limited contact” means the authority of a nonparent to visit a child for a limited time.”Limited contact” includes authority to take the child to a place other than the residence of the child.
(12) “Nonparent” means an individual other than a deploying parent or other parent.
(13) “Other parent” means an individual who, in common with a deploying parent, is:a parent of a child under the law of this state other than this chapter; oran individual who has custodial responsibility for a child under the law of this state other than this chapter.
(14) “Record” means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form.
(15) “Return from deployment” means the conclusion of a service member’s deployment as specified in uniformed service orders.
(16) ” Service member” means a member of a uniformed service.
(17) “Sign” means, with present intent to authenticate or adopt a record:to execute or adopt a tangible symbol; orto attach to or logically associate with the record an electronic symbol, sound, or process.
(18) “State” means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States.
(19) “Uniformed service” means:active and reserve components of the United States armed forces;the United States Merchant Marine;the commissioned corps of the United States Public Health Service;the commissioned corps of the National Oceanic and Atmospheric Administration of the United States; orthe National Guard of a state.
Renumbered and Amended by Chapter 426, 2025 General Session
81-10-102 - Remedies for noncompliance.
In addition to other remedies under the law of this state other than this chapter, if a court finds that a party to a proceeding under this chapter has acted in bad faith or intentionally failed to comply with this chapter or a court order issued under this chapter, the court may assess reasonable attorney fees and costs against the party and order other appropriate relief.
Renumbered and Amended by Chapter 426, 2025 General Session
81-10-103 - Jurisdiction.
(1) A court may issue an order regarding custodial responsibility under this chapter only if the court has jurisdiction under Chapter 11, Uniform Child Custody Jurisdiction and Enforcement Act.
(2) If a court has issued a temporary order regarding custodial responsibility pursuant to Part 3, Judicial Procedure for Granting Custodial Responsibility During Deployment, the residence of the deploying parent is not changed by reason of the deployment for the purposes of Chapter 11, Uniform Child Custody Jurisdiction and Enforcement Act, during the deployment.
(3) If a court has issued a permanent order regarding custodial responsibility before notice of deployment and the parents modify that order temporarily by agreement pursuant to Part 2, Agreement Addressing Custodial Responsibility During Deployment, the residence of the deploying parent is not changed by reason of the deployment for the purposes of Chapter 11, Uniform Child Custody Jurisdiction and Enforcement Act.
(4) If a court in another state has issued a temporary order regarding custodial responsibility as a result of impending or current deployment, the residence of the deploying parent is not changed by reason of the deployment for the purposes of Chapter 11, Uniform Child Custody Jurisdiction and Enforcement Act.
(5) This section does not prevent a court from exercising temporary emergency jurisdiction under Chapter 11, Uniform Child Custody Jurisdiction and Enforcement Act.
Renumbered and Amended by Chapter 426, 2025 General Session
81-10-104 - Notification required of deploying parent.
(1) Except as otherwise provided in Subsection (4) and subject to Subsection (3), a deploying parent shall in a record notify the other parent of a pending deployment not later than seven days after receiving notice of deployment unless reasonably prevented from doing so by the circumstances of service.If the circumstances of service prevent giving notification within the seven days, the deploying parent shall give the notification as soon as reasonably possible.
(2) Except as otherwise provided in Subsection (4) and subject to Subsection (3), each parent shall in a record provide the other parent with a plan for fulfilling that parent’s share of custodial responsibility during deployment.Each parent shall provide the plan as soon as reasonably possible after notification of deployment is given under Subsection (1).
(3) If a court order currently in effect prohibits disclosure of the address or contact information of the other parent, notification of deployment under Subsection (1), or notification of a plan for custodial responsibility during deployment under Subsection (2), may be made only to the issuing court.If the address of the other parent is available to the issuing court, the court shall forward the notification to the other parent.The court shall keep confidential the address or contact information of the other parent.
(4) Notification in a record under Subsection (1) or (2) is not required if the parents are living in the same residence and both parents have actual notice of the deployment or plan.
(5) In a proceeding regarding custodial responsibility, a court may consider the reasonableness of a parent’s efforts to comply with this section.
Renumbered and Amended by Chapter 426, 2025 General Session
81-10-105 - Duty to notify of change of address.
(1) Except as otherwise provided in Subsection (2), an individual to whom custodial responsibility has been granted during deployment pursuant to Part 2, Agreement Addressing Custodial Responsibility During Deployment, or Part 3, Judicial Procedure for Granting Custodial Responsibility During Deployment, shall notify the deploying parent and any other individual with custodial responsibility of a child of any change of the individual’s mailing address or residence until the grant is terminated.The individual shall provide notice to any court that has issued a custody or child support order concerning the child, which is in effect.
(2) If a court order currently in effect prohibits disclosure of the address or contact information of an individual to whom custodial responsibility has been granted, a notification under Subsection (1) may be made only to the court that issued the order.The court shall keep confidential the mailing address or residence of the individual to whom custodial responsibility has been granted.
Renumbered and Amended by Chapter 426, 2025 General Session
81-10-106 - General consideration in custody proceeding of parent’s military service.
In a proceeding for custodial responsibility of a child of a service member, a court may not consider a parent’s past deployment or possible future deployment in itself in determining the best interest of the child but may consider any significant impact on the best interest of the child of the parent’s past or possible future deployment.
Renumbered and Amended by Chapter 426, 2025 General Session
Agreement Addressing Custodial Responsibility During Deployment
81-10-201 - Form of agreement.
(1) The parents of a child may enter into a temporary agreement under this part granting custodial responsibility during deployment.When the parents of a child include one or more servicemembers, the parents should enter into an agreement granting custodial responsibility before notice of deployment, but may also enter into an agreement granting custodial responsibility following notice of deployment.
(2) An agreement under Subsection (1) shall be:in writing; andsigned by both parents and any nonparent to whom custodial responsibility is granted.
(3) Subject to Subsection (4), an agreement under Subsection (1), if feasible, shall:identify the destination, duration, and conditions of the deployment that is the basis for the agreement if the deployment has been noticed;specify the allocation of caretaking authority among the deploying parent, the other parent, and any nonparent;specify any decision-making authority that accompanies a grant of caretaking authority;specify any grant of limited contact to a nonparent;if under the agreement custodial responsibility is shared by the other parent and a nonparent, or by other nonparents, provide a process to resolve any dispute that may arise;specify the frequency, duration, and means, including electronic means, by which the deploying parent will have contact with the child, any role to be played by the other parent in facilitating the contact, and the allocation of any costs of contact;specify the contact between the deploying parent and child during the time the deploying parent is on leave or is otherwise available;acknowledge that any party’s child-support obligation cannot be modified by the agreement, and that changing the terms of the obligation during deployment requires modification in the appropriate court;provide that the agreement will terminate according to the procedures under Part 4, Return from Deployment, after the deploying parent returns from deployment; andif the agreement is required to be filed pursuant to Section 81-10-205, specify which parent is required to file the agreement.
(4) The omission of any of the items specified in Subsection (3) does not invalidate an agreement under this section.
(5) A servicemember shall ensure that the servicemember’s family care plan reflects orders and agreements entered and filed in accordance with this chapter.
Renumbered and Amended by Chapter 426, 2025 General Session
81-10-202 - Nature of authority created by agreement.
(1) An agreement under this part is temporary and terminates pursuant to Part 4, Return from Deployment, after the deploying parent returns from deployment, unless the agreement has been terminated before that time by court order or modification under Section 81-10-203.The agreement may not create an independent, continuing right to caretaking authority, decision-making authority, or limited contact in an individual to whom custodial responsibility is given.
(2) A nonparent who has caretaking authority, decision-making authority, or limited contact by an agreement under this part has standing to enforce the agreement until it has been terminated by court order, by modification under Section 81-10-203, or under Part 4, Return from Deployment.
Renumbered and Amended by Chapter 426, 2025 General Session
81-10-203 - Modification of agreement.
(1) By mutual consent, the parents of a child may modify an agreement regarding custodial responsibility made in accordance with this part.
(2) If an agreement is modified under Subsection (1) before deployment of a deploying parent, the modification shall be in writing and signed by both parents and any nonparent who will exercise custodial responsibility under the modified agreement.
(3) If an agreement is modified under Subsection (1) during deployment of a deployed parent, the modification shall be agreed to in a record by both parents and any nonparent who will exercise custodial responsibility under the modified agreement.
Renumbered and Amended by Chapter 426, 2025 General Session
81-10-204 - Power of attorney.
(1) A deploying parent, by power of attorney, may delegate all or part of custodial responsibility to an adult nonparent for the period of deployment if no other parent possesses custodial responsibility under the law of this state other than this chapter or if a court order currently in effect prohibits contact between the child and the other parent.
(2) The deploying parent may revoke the power of attorney by signing a revocation of the power.
Renumbered and Amended by Chapter 426, 2025 General Session
81-10-205 - Filing agreement or power of attorney with court.
(1) An agreement or power of attorney under this part shall be filed within a reasonable time with any court that has entered an order on custodial responsibility or child support that is in effect concerning the child who is the subject of the agreement or power.The case number and heading of the pending case concerning custodial responsibility or child support shall be provided to the court with the agreement or power.
(2) Notwithstanding Subsection (1), failure to file an agreement or power of attorney does not invalidate an otherwise valid agreement or power of attorney.
Renumbered and Amended by Chapter 426, 2025 General Session
Judicial Procedure for Granting Custodial Responsibility During Deployment
81-10-301 - Definitions for part.
As used in this part, “close and substantial relationship” means a relationship in which a significant bond exists between a child and a nonparent.
Renumbered and Amended by Chapter 426, 2025 General Session
81-10-302 - Proceeding for temporary custody — Order.
(1) After a deploying parent receives notice of deployment and until the deployment terminates, a court may issue a temporary order granting custodial responsibility unless prohibited by Section 39A-6-105 and the Servicemembers Civil Relief Act, 50 U.S.C. Appendix Sections 521 and 522.A court may not issue a permanent order granting custodial responsibility without the consent of the deploying parent.
(2) At any time after a deploying parent receives notice of deployment, either parent may file a motion regarding custodial responsibility of a child during deployment.The motion shall be filed in a pending proceeding for custodial responsibility in a court with jurisdiction under Section 81-10-103 or, if there is no pending proceeding in a court with jurisdiction under Section 81-10-103, in a new action for granting custodial responsibility during deployment.
Renumbered and Amended by Chapter 426, 2025 General Session
81-10-303 - Expedited hearing.
If a motion to grant custodial responsibility is filed under Subsection 81-10-302(2) before a deploying parent deploys, the court shall conduct an expedited hearing.
Renumbered and Amended by Chapter 426, 2025 General Session
81-10-304 - Testimony by electronic means.
In a proceeding under this part, a party or witness who is not reasonably available to appear personally may appear, provide testimony, and present evidence by electronic means unless the court finds good cause to require a personal appearance.
Renumbered and Amended by Chapter 426, 2025 General Session
81-10-305 - Effect of prior judicial order or agreement.
In a proceeding for a grant of custodial responsibility in accordance with this part, the following rules apply:
(1) a prior judicial order designating custodial responsibility in the event of deployment is binding on the court unless the circumstances meet the requirements of the law of this state other than this chapter for modifying a judicial order regarding custodial responsibility; and
(2) the court shall enforce a prior written agreement between the parents for designating custodial responsibility in the event of deployment, including an agreement executed under Part 2, Agreement Addressing Custodial Responsibility During Deployment, unless the court finds that the agreement is contrary to the best interest of the child.
Renumbered and Amended by Chapter 426, 2025 General Session
81-10-306 - Grant of caretaking or decision-making authority to nonparent.
(1) On motion of a deploying parent and in accordance with the law of this state other than this chapter, if it is in the best interest of the child a court may grant caretaking authority to a nonparent who is an adult family member of the child with whom the child has a close and substantial relationship.
(2) Unless a grant of caretaking authority to a nonparent under Subsection (1) is agreed to by the other parent, the grant is limited to an amount of time not greater than:the amount of time granted to the deploying parent under a permanent custody order, but the court may add unusual travel time necessary to transport the child; orin the absence of a permanent custody order that is currently in effect, the amount of time that the deploying parent habitually cared for the child before being notified of deployment, but the court may add unusual travel time necessary to transport the child.
(3) A court may grant part of a deploying parent’s decision-making authority, if the deploying parent is unable to exercise that authority, to a nonparent who is an adult family member of the child with whom the child has a close and substantial relationship.If a court grants the authority to a nonparent, the court shall specify the decision-making powers granted, including decisions regarding the child’s education, religious training, health care, extracurricular activities, and travel.
Renumbered and Amended by Chapter 426, 2025 General Session
81-10-307 - Grant of limited contact.
On motion of a deploying parent, and in accordance with the law of this state other than this chapter, unless the court finds that the contact would be contrary to the best interest of the child, a court shall grant limited contact to a nonparent who is a family member of the child or an individual with whom the child has a close and substantial relationship.
Renumbered and Amended by Chapter 426, 2025 General Session
81-10-308 - Nature of authority created by temporary custody order.
(1) A grant of authority under this part is temporary and terminates under Part 4, Return from Deployment, after the return from deployment of the deploying parent, unless the grant has been terminated before that time by court order.The grant may not create an independent, continuing right to caretaking authority, decision-making authority, or limited contact in an individual to whom it is granted.
(2) A nonparent granted caretaking authority, decision-making authority, or limited contact under this part has standing to enforce the grant until it is terminated by court order or under Part 4, Return from Deployment.
Renumbered and Amended by Chapter 426, 2025 General Session
81-10-309 - Content of temporary custody order.
(1) An order granting custodial responsibility under this part shall:designate the order as temporary; andidentify to the extent feasible the destination, duration, and conditions of the deployment.
(2) If applicable, an order for custodial responsibility under this part shall:specify the allocation of caretaking authority, decision-making authority, or limited contact among the deploying parent, the other parent, and any nonparent;if the order divides caretaking or decision-making authority between individuals, or grants caretaking authority to one individual and limited contact to another, provide a process to resolve any dispute that may arise;provide for liberal communication between the deploying parent and the child during deployment, including through electronic means, unless contrary to the best interest of the child, and allocate any costs of communications;provide for liberal contact between the deploying parent and the child during the time the deploying parent is on leave or otherwise available, unless contrary to the best interest of the child;provide for reasonable contact between the deploying parent and the child after return from deployment until the temporary order is terminated, even if the time of contact exceeds the time the deploying parent spent with the child before entry of the temporary order; andprovide that the order will terminate in accordance with Part 4, Return from Deployment, after the deploying parent returns from deployment.
Renumbered and Amended by Chapter 426, 2025 General Session
81-10-310 - Order for child support.
If a court has issued an order granting caretaking authority under this part, or an agreement granting caretaking authority has been executed under Part 2, Agreement Addressing Custodial Responsibility During Deployment , the court may enter a temporary order for child support consistent with the law of this state other than this chapter if the court has jurisdiction under Chapter 8, Uniform Interstate Family Support Act.
Renumbered and Amended by Chapter 426, 2025 General Session
81-10-311 - Modifying or terminating grant of custodial responsibility to nonparent.
(1) Except for an order under Section 81-10-305, except as otherwise provided in Subsection (2), and consistent with Section 39A-6-105 and the Servicemembers Civil Relief Act, 50 U.S.C. Appendix Sections 521 and 522, on motion of a deploying parent, other parent, or any nonparent to whom caretaking authority, decision-making authority, or limited contact has been granted, the court may modify or terminate the grant if the modification or termination is consistent with this part and it is in the best interest of the child.A modification is temporary and terminates in accordance with Part 4, Return from Deployment, after the deploying parent returns from deployment, unless the grant has been terminated before that time by court order.
(2) On motion of a deploying parent, the court shall terminate a grant of limited contact.
Renumbered and Amended by Chapter 426, 2025 General Session
Return from Deployment
81-10-401 - Procedure for terminating temporary grant of custodial responsibility established by agreement.
(1) At any time after return from deployment, a temporary agreement granting custodial responsibility under Part 2, Agreement Addressing Custodial Responsibility During Deployment, may be terminated by an agreement to terminate signed by the deploying parent and the other parent.
(2) A temporary agreement under Part 2, Agreement Addressing Custodial Responsibility During Deployment, granting custodial responsibility terminates:if an agreement to terminate under Subsection (1) specifies a date for termination, on that date; orif the agreement to terminate does not specify a date, on the date the agreement to terminate is signed by the deploying parent and the other parent.
(3) In the absence of an agreement under Subsection (1) to terminate, a temporary agreement granting custodial responsibility terminates under Part 2, Agreement Addressing Custodial Responsibility During Deployment, 30 days after the deploying parent gives notice to the other parent that the deploying parent returned from deployment.
(4) If a temporary agreement granting custodial responsibility was filed with a court in accordance with Section 81-10-205, an agreement to terminate the temporary agreement shall also be filed with that court within a reasonable time after the signing of the agreement.The case number and heading of the case concerning custodial responsibility or child support shall be provided to the court with the agreement to terminate.
Renumbered and Amended by Chapter 426, 2025 General Session
81-10-402 - Consent procedure for terminating temporary grant of custodial responsibility established by court order.
(1) At any time after a deploying parent returns from deployment, the deploying parent and the other parent may file with the court an agreement to terminate a temporary order for custodial responsibility issued under Part 3, Judicial Procedure for Granting Custodial Responsibility During Deployment.
(2) After an agreement has been filed, the court shall issue an order terminating the temporary order effective on the date specified in the agreement.
(3) If a date is not specified, the order is effective immediately.
Renumbered and Amended by Chapter 426, 2025 General Session
81-10-403 - Visitation before termination of temporary grant of custodial responsibility.
Renumbered and Amended by Chapter 426, 2025 General Session
81-10-404 - Termination by operation of law of temporary grant of custodial responsibility established by court order.
(1) If an agreement between the parties to terminate a court order for temporary custodial responsibility during deployment under Part 3, Judicial Procedure for Granting Custodial Responsibility During Deployment, or to terminate a provision of an order for temporary custodial responsibility during deployment entered under Chapter 9, Custody, Parent-time, and Visitation, has not been filed, the temporary order terminates 30 days after the day on which the deploying parent gives notice to the other parent and any nonparent granted custodial responsibility that the deploying parent has returned from deployment.
(2) A proceeding seeking to prevent termination of a temporary order for custodial responsibility is governed by the law of this state other than this chapter.
Renumbered and Amended by Chapter 426, 2025 General Session
Applicability Provisions
81-10-501 - Uniformity of application and construction.
In applying and construing this chapter, consideration shall be given to the need to promote uniformity of the law with respect to this uniform law’s subject matter among states that enact this uniform law.
Renumbered and Amended by Chapter 426, 2025 General Session
81-10-502 - Relation to Electronic Signatures in Global and National Commerce Act.
This chapter modifies, limits, or supersedes the Electronic Signatures in Global and National Commerce Act, 15 U.S.C. Sec. 7001 et seq., but does not modify, limit, or supersede Section 101(c) of that act, 15 U.S.C. Sec. 7001(c), or authorize electronic delivery of any of the notices described in Section 103(b) of that act, 15 U.S.C. Sec. 7003(b).
Renumbered and Amended by Chapter 426, 2025 General Session
81-10-503 - Savings clause.
This chapter does not affect the validity of a temporary court order concerning custodial responsibility during deployment that was entered before May 10, 2016.
Renumbered and Amended by Chapter 426, 2025 General Session