Utah Code § 30-3-34 : — HUSBAND AND WIFEDIVORCE —3-34 - Parent-time - Best interests - Rebuttable presumption

(1) If the parties are unable to agree on a parent-time schedule, the court may:
(a) establish a parent-time schedule; or
(b) order a parent-time schedule described in Section 30-3-35, 30-3-35.1, 30-3-35.2, or 30-3-35.5.
(2) The advisory guidelines as provided in Section 30-3-33 and the parent-time schedule as provided in Sections 30-3-35 and 30-3-35.5 shall be considered the minimum parent-time to which the noncustodial parent and the child shall be entitled.
(3) A court may consider the following when ordering a parent-time schedule:
(a) whether parent-time would endanger the child's physical health or mental health, or significantly impair the child's emotional development;
(b) evidence of domestic violence, neglect, physical abuse, sexual abuse, or emotional abuse, involving the child, a parent, or a household member of the parent;
(c) the distance between the residency of the child and the noncustodial parent;
(d) a credible allegation of child abuse has been made;
(e) the lack of demonstrated parenting skills without safeguards to ensure the child's well-being during parent-time;
(f) the financial inability of the noncustodial parent to provide adequate food and shelter for the child during periods of parent-time;
(g) the preference of the child if the court determines the child is of sufficient maturity;
(h) the incarceration of the noncustodial parent in a county jail, secure youth corrections facility, or an adult corrections facility;
(i) shared interests between the child and the noncustodial parent;
(j) the involvement or lack of involvement of the noncustodial parent in the school, community, religious, or other related activities of the child;
(k) the availability of the noncustodial parent to care for the child when the custodial parent is unavailable to do so because of work or other circumstances;
(l) a substantial and chronic pattern of missing, canceling, or denying regularly scheduled parent-time;
(m) the minimal duration of and lack of significant bonding in the parents' relationship before the conception of the child;
(n) the parent-time schedule of siblings;
(o) the lack of reasonable alternatives to the needs of a nursing child; and
(p) any other criteria the court determines relevant to the best interests of the child.
(4) The court shall enter the reasons underlying the court's order for parent-time that:
(a) incorporates a parent-time schedule provided in Section 30-3-35 or 30-3-35.5; or
(b) provides more or less parent-time than a parent-time schedule provided in Section 30-3-35 or 30-3-35.5.
(5) A court may not order a parent-time schedule unless the court determines by a preponderance of the evidence that the parent-time schedule is in the best interest of the child.
(6) Once the parent-time schedule has been established, the parties may not alter the schedule except by mutual consent of the parties or a court order.

Utah Code § 30-3-34

Amended by Chapter 399, 2021 General Session ,§ 1, eff. 5/5/2021.
Amended by Chapter 188, 2019 General Session ,§ 5, eff. 5/14/2019.
Amended by Chapter 18, 2015 General Session ,§ 1, eff. 5/12/2015.
Amended by Chapter 146, 2008 General Session
SECTIONS