30-3-34. Best interests -- Rebuttable presumption.
(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. 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 any
of the following criteria:
(a) parent-time would endanger the child's physical health or significantly impair the
child's emotional development;
(b) the distance between the residency of the child and the noncustodial parent;
(c) a substantiated or unfounded allegation of child abuse has been made;
(d) the lack of demonstrated parenting skills without safeguards to ensure the child's
well-being during parent-time;
(e) the financial inability of the noncustodial parent to provide adequate food and shelter
for the child during periods of parent-time;
(f) the preference of the child if the court determines the child to be of sufficient
maturity;
(g) the incarceration of the noncustodial parent in a county jail, secure youth corrections
facility, or an adult corrections facility;
(h) shared interests between the child and the noncustodial parent;
(i) the involvement or lack of involvement of the noncustodial parent in the school,
community, religious, or other related activities of the child;
(j) 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;
(k) a substantial and chronic pattern of missing, canceling, or denying regularly
scheduled parent-time;
(l) the minimal duration of and lack of significant bonding in the parents' relationship
prior to the conception of the child;
(m) the parent-time schedule of siblings;
(n) the lack of reasonable alternatives to the needs of a nursing child; and
(o) any other criteria the court determines relevant to the best interests of the child.
(3) The court shall enter the reasons underlying its 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.
(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.
Amended by Chapter 146, 2008 General Session
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Last revised: Thursday, May 28, 2009