Title 81 Chapter 9 Part 2 Section 206

Download Options PDF | RTF | XML

Index	Utah Code
Title 81	Utah Domestic Relations Code
Chapter 9	Custody, Parent-time, and Visitation
Part 2	Custody and Parent-time Between Parents
Section 206	Determination of parent-time schedule -- Parent-time factors. *(Effective 5/6/2026)*

Effective 5/6/2026
81-9-206. Determination of parent-time schedule -- Parent-time factors.

(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 Part 3, Parent-time Schedules.

(2)	There is a presumption that the advisory guidelines described in Section 81-9-202 and the parent-time schedules described in Part 3, Parent-time Schedules, are the minimum parent-time to which the noncustodial parent and the minor child are entitled.

(3)

In accordance with Section 81-9-104, when ordering a parent-time schedule a court shall consider:

(a)	evidence of domestic violence, physical abuse, or sexual abuse involving the minor child, a parent, or a household member of the parent; and

(b)	whether parent-time is likely to endanger the minor child's health or physical or psychological safety.

(4)

A court may consider the following when ordering a parent-time schedule:

(a)	evidence of coercive control;

(b)	evidence of psychological maltreatment;

(c)	the distance between the residency of the minor child and the noncustodial parent;

(d)	the lack of demonstrated parenting skills without safeguards to ensure the minor child's well-being during parent-time;

(e)	the financial inability of the noncustodial parent to provide adequate food and shelter for the minor child during periods of parent-time;

(f)	the preference of the minor child if the court determines the minor child is 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 minor 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 minor child;

(j)	the availability of the noncustodial parent to care for the minor 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 before the conception of the minor child;

(m)	the parent-time schedule of siblings;

(n)	the lack of reasonable alternatives to the needs of a nursing minor child; and

(o)	any other criteria the court determines relevant to the best interests of the minor child.

(5)

The court shall enter the reasons underlying the court's order for parent-time that:

(a)	incorporates a parent-time schedule described in Section 81-9-302 or 81-9-304; or

(b)	provides more or less parent-time than a parent-time schedule described in Section 81-9-302 or 81-9-304.

(6)	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 minor child.

(7)

(a)	If the court orders parent-time and a protective order or stalking injunction is still in place, the court shall consider whether to order the parents to conduct parent-time pick-up and transfer through a third party.

(b)	The parent who is the stated victim in the protective order or stalking injunction may submit to the court, and the court shall consider, the name of a person considered suitable to act as the third party.

(c)	If the court orders the parents to conduct parent-time through a third party, the parenting plan shall specify the time, day, place, manner, and the third party to be used to implement the exchange.

(8)

If there is a protective order, stalking injunction, or the court finds that a parent has committed domestic violence, the court shall:

(a)	consider the impact of domestic violence in awarding parent-time; and

(b)	make specific findings regarding the award of parent-time.

(9)	Upon a specific finding by the court of the need for peace officer enforcement, the court may include a provision in an order for parent-time that authorizes a peace officer to enforce the order for parent-time.

(10)

When parent-time has not taken place for an extended period of time and the minor child lacks an appropriate bond with the noncustodial parent, both parents shall:

(a)	consider the possible adverse effects upon the minor child; and

(b)	gradually reintroduce an appropriate parent-time plan for the noncustodial parent.

(11)

If a court enters an order establishing a parent-time schedule for a minor child:

(a)	the court order governs the parent-time schedule for the minor child; and

(b)	an amendment to this chapter does not modify the parent-time schedule unless the court orders otherwise.

(12)

Once a parent-time schedule has been established for a minor child, the parties may only modify the parent-time schedule if:

(a)	there is mutual consent of the parties to the modification that is in writing and signed by both parties; or

(b)	the court modifies the parent-time schedule in a new order.

Amended by Chapter 155, 2026 General Session

<< Previous Section (81-9-205)

Download Options PDF | RTF | XML

Next Section (81-9-207) >>