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First Substitute H.B. 401

Representative Tim M. Cosgrove proposes the following substitute bill:





Chief Sponsor: Tim M. Cosgrove

Senate Sponsor: Gregory S. Bell

             8      LONG TITLE
             9      General Description:
             10          This bill provides direction for custody and parent-time issues when a service member
             11      is away temporarily.
             12      Highlighted Provisions:
             13          This bill:
             14          .    defines terms;
             15          .    provides for notice when a service member is deployed, mobilized, or ordered to
             16      temporary duty;
             17          .    gives a noncustodial parent "first choice" when a service member must be away;
             18          .    provides for the delegation of parent-time to a close family member in the
             19      noncustodial parent's absence;
             20          .    requires support to follow the child; and
             21          .    prohibits a court from depriving a service member of custody who is deployed,
             22      mobilized, or ordered to temporary duty.
             23      Monies Appropriated in this Bill:
             24          None
             25      Other Special Clauses:

             26          None
             27      Utah Code Sections Affected:
             28      ENACTS:
             29          30-3-40, Utah Code Annotated 1953
             31      Be it enacted by the Legislature of the state of Utah:
             32          Section 1. Section 30-3-40 is enacted to read:
             33          30-3-40. Custody and parent-time when one parent is a service member.
             34          (1) As used in this section:
             35          (a) "Deployment" means the temporary transfer of a service member serving in an
             36      active duty status to another location in support of combat or some other military operation.
             37          (b) "Mobilization" means the call up of a National Guard or Reserve service member to
             38      extended active duty status, but does not include National Guard or Reserve annual training.
             39          (c) "Service member" means a person who is:
             40          (i) a member of the Utah National Guard;
             41          (ii) a member of a Reserve component based in the state; or
             42          (iii) a member of the Armed Forces of the United States on active duty and stationed in
             43      this state.
             44          (d) "Temporary duty" means the transfer of a service member from a military base to a
             45      different location, often another base, for a set period of time to accomplish training or to assist
             46      in the performance of a noncombat mission.
             47          (2) In the absence of a parenting plan or other agreement between the parties covering
             48      such situations:
             49          (a) A service member who is a custodial parent of minor children in this state, and who
             50      is deployed, mobilized, or ordered to temporary duty at another location shall, if possible,
             51      contact the noncustodial parent as soon as practicable after receiving orders. The service
             52      member shall inform the noncustodial parent of the approximate dates the service member will
             53      be away, if known.
             54          (i) Unless the noncustodial parent has supervised or limited parent-time, if willing and
             55      able, the noncustodial parent may provide care for any minor children during the time the
             56      service member is away. The noncustodial parent shall notify the custodial parent of their

             57      willingness to provide care as soon as practicable, but not less than five days before the service
             58      member is required to leave. If the noncustodial parent will provide care while the service
             59      member is away, the parents shall arrange a time and place for the delivery of the children to
             60      the noncustodial parent.
             61          (ii) If the noncustodial parent is unwilling or unable to provide care for any minor
             62      children during the time the service member is away, the service member may make specific
             63      arrangements for the housing and care of the minor children during the time the service
             64      member will be away. Notice of arrangements made by the service member shall be provided
             65      to the noncustodial parent and may not deprive the noncustodial parent of parent-time during
             66      the same time period.
             67          (b) If a service member who is a noncustodial parent is deployed, mobilized, or ordered
             68      to temporary duty at another location, his or her parent-time rights may be exercised by a
             69      family member with a close and substantial relationship to the minor child for the duration of
             70      the service member's absence. The service member shall provide the custodial parent with
             71      written notice of arrangements made regarding the exercise of parent-time in the service
             72      member's absence.
             73          (3) A temporary exchange of physical custody under this section may not alter the
             74      original custody order of the court.
             75          (4) In addition to the arrangements made for the care of minor children under this
             76      section, both parents shall comply with the provisions of Section 78B-12-108 .
             77          (5) A service member who is deployed, mobilized, or ordered to temporary duty may
             78      not be deprived of custodial or parent-time rights while unavailable pursuant to military orders.
             79      Any petition, motion, or action brought by a parent or guardian before a court attempting to
             80      deprive or alter custody or parent-time rights shall be stayed in accordance with Section
             81      39-7-105 and Section 521 of the Federal Servicemembers Civil Relief Act, 50 U.S.C. 511, et
             82      seq.

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