Section 1. Section 81-1-203 is amended to read:81-1-203. Award of costs and attorney and witness fees -- Temporary support and maintenance.(1)(a)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.(a)The court may order a party to pay the attorney fees, costs, and witness fees, including expert witness fees, of the other party to enable the other party to prosecute or defend:(i)an action described in Chapter 4, Dissolution of Marriage;(ii)an action described in Title 78B, Chapter 7, Part 6, Cohabitant Abuse Protective Orders; or(iii)an action to establish or modify custody, parent-time, child support, alimony, or the division of property in a domestic case.(b) The order under Subsection (1)(a) may include a provision for costs of the action.(2)For a temporary order in an action to establish or modify custody, parent-time, child support, alimony, or the division of property in a domestic case, the court shall:(a)consider the ability of the parties to pay the costs, attorney fees, and witness fees, including expert witness fees; and(b)enter specific findings as to the ability of the parties to pay the costs described in Subsection (2)(a).(2)(3)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 feesshall award reasonable attorney fees and costs upon determining that the party substantially prevailed upon the claim or defense.(3)(4)(a)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.(b)If the court awards no fees or limited fees against a party as described in Subsection (4)(a), the court shall enter a specific finding as to the reason why the court did not award fees or awarded limited fees.(4)(5)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)(6)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.

Section 2. Section 81-4-501 is amended to read:81-4-501. Definitions for part.As used in this part:(1)"Child support guidelines" means the same as that term is defined in Section 81-6-101.(2)"Cohabit" means to live together, or to reside together on a regular basis, in the same residence and in a relationship of a romantic or sexual nature.(3)"Fault" means any of the following wrongful conduct during the marriage that substantially contributed to the breakup of the marriage:(a)engaging in sexual relations with an individual other than the party's spouse;(b)knowingly and intentionally causing or attempting to cause physical harm to the other party or a minor child;(c)knowingly and intentionally causing the other party or a minor child to reasonably fear life-threatening harm; or(d)substantially undermining the financial stability of the other party or the minor child.(4)"Length of the marriage" means, for purposes of alimony, the number of years from the day on which the parties are legally married to the day on which the petition for divorce is filed with the court.(5)"Payee" means the party who is or would receive alimony from the other party.(6)"Payor" means the party who is paying, or would pay, alimony to the other party.(7)"Temporary alimony" means money that the court orders a party to pay during the pendency of an action under this chapter for the support and maintenance of a party as described in Subsection 81-1-203(4)81-1-203(5).

Section 3. Section 81-9-208 is amended to read:81-9-208. Modification or termination of a custody or parent-time order -- Noncompliance with a parent-time order.(1)The court has continuing jurisdiction to make subsequent changes to modify:(a)custody of a minor child if there is a showing of a substantial and material change in circumstances since the entry of the order; and(b)parent-time for a minor child if there is a showing that there is a change in circumstances since the entry of the order.(2)A substantial and material change in circumstances under Subsection (1)(a) includes a showing by a parent that the other parent:(a)resides with an individual or provides an individual with access to the minor child; and(b)knows that the individual:(i)is required to register as a sex offender, a kidnap offender, or a child abuse offender for an offense committed against a minor child under Title 53, Chapter 29, Sex, Kidnap, and Child Abuse Offender Registry; or(ii)has been convicted of:(A)a child abuse offense under Section 76-5-109, 76-5-109.2, 76-5-109.3, 76-5-109.4, 76-5-114, or 76-5-208;(B)a sexual offense against a minor child under Title 76, Chapter 5, Part 4, Sexual Offenses, other than an offense under Section 76-5-417, 76-5-418, or 76-5-419;(C)an offense for kidnapping or human trafficking of a minor child under Title 76, Chapter 5, Part 3, Kidnapping, Trafficking, and Smuggling;(D)a sexual exploitation offense against a minor child under Title 76, Chapter 5b, Sexual Exploitation Act; or(E)an offense that is substantially similar to an offense under Subsections (2)(b)(ii)(A) through (D).(3)On the petition of one or both of the parents, or the joint legal or physical custodians if they are not the parents, the court may, after a hearing, modify or terminate an order that established joint legal custody or joint physical custody if:(a)the verified petition or accompanying affidavit initially alleges that admissible evidence will show that there has been a substantial and material change in the circumstances of the minor child or one or both parents or joint legal or physical custodians since the entry of the order to be modified;(b)a modification of the terms and conditions of the order would be an improvement for and in the best interest of the minor child; and(c)(i)both parents have complied in good faith with the dispute resolution procedure in accordance with Subsection 81-9-205(8); or(ii)if no dispute resolution procedure is contained in the order that established joint legal custody or joint physical custody, the court orders the parents to participate in a dispute resolution procedure in accordance with Subsection 81-9-205(13) unless the parents certify that, in good faith, they have used a dispute resolution procedure to resolve their dispute.(4)(a)In determining whether the best interest of a minor child will be served by either modifying or terminating the joint legal custody or joint physical custody order, the court shall, in addition to other factors the court considers relevant, consider the factors described in Sections 81-9-204 and 81-9-205.(b)A court order modifying or terminating an existing joint legal custody or joint physical custody order shall contain written findings that:(i)a substantial and material change of circumstance has occurred; and(ii)a modification of the terms and conditions of the order would be an improvement for and in the best interest of the minor child.(c)The court shall give substantial weight to the existing joint legal custody or joint physical custody order when the minor child is thriving, happy, and well-adjusted.(5)The court shall, in every case regarding a petition for termination of a joint legal custody or joint physical custody order, consider reasonable alternatives to preserve the existing order in accordance with Section 81-9-204. (6)The court may modify the terms and conditions of the existing order in accordance with this chapter and may order the parents to file a parenting plan in accordance with Section 81-9-203.(7)A parent requesting a modification from sole custody to joint legal custody or joint physical custody or both, or any other type of shared parenting arrangement, shall file and serve a proposed parenting plan with the petition to modify in accordance with Section 81-9-203.(8)If an issue before the court involves custodial responsibility in the event of deployment of one or both parents who are service members, and the service member has not yet been notified of deployment, the court shall resolve the issue based on the standards in Sections 81-10-306 through 81-10-309.(9)If the court finds that an action to modify custody or parent-time is filed or answered frivolously andor, in a manner, designed to harass the other party, the court shall assess attorney fees as costs against the offending party.(10)If a petition to modify custody or parent-time provisions of a court order is made and denied, the court shall order the petitionernonprevailing party to pay the reasonable attorney fees expended by the prevailing party in that action if the court determines that the petition was without merit and not asserted or defended against in good faith.(11)If a motion or petition alleges noncompliance with a parent-time order by a parent, or a visitation order by a grandparent or other member of the immediate family where a visitation or parent-time right has been previously granted by the court, the court:(a)may award to the prevailing party:(i)actual attorney fees incurred;(ii)the costs incurred by the prevailing party because of the other party's failure to provide or exercise court-ordered visitation or parent-time, including:(A)court costs;(B)child care expenses;(C)transportation expenses actually incurred;(D)lost wages, if ascertainable; or(E)counseling for a parent or a minor child if ordered or approved by the court; or(iii)any other appropriate equitable remedy; and(b)shall award reasonable make-up parent-time to the prevailing party, unless make-up parent-time is not in the best interest of the minor child.

Section 4. Effective Date.This bill takes effect on May 6, 2026.