Section 34 - Parent-time -- Best interests -- Rebuttable presumption.

UT Code § 30-3-34 (2019) (N/A)
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(1) If the parties are unable to agree on a parent-time schedule, the court may establish a parent-time schedule consistent with the best interests of the child.

(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 presumed to be in the best interests of the child unless the court determines that Section 30-3-35.1 should apply. The parent-time schedule shall be considered the minimum parent-time to which the noncustodial parent and the child shall be entitled unless a parent can establish otherwise by a preponderance of the evidence that more or less parent-time should be awarded based upon one or more of the following criteria: (a) 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.

(a) 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.

(3) 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.

(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.

(4) 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.