This document includes Senate Committee Amendments incorporated into the bill on Fri, Feb 12, 2016 at 10:42 AM by lpoole.
This document includes Senate 2nd Reading Floor Amendments incorporated into the bill on Fri, Feb 26, 2016 at 4:03 PM by lpoole.
This document includes House Committee Amendments incorporated into the bill on Tue, Mar 8, 2016 at 1:12 PM by bbryner.
1     
UNIFORM DEPLOYED PARENTS CUSTODY AND

2     
PARENT-TIME ACT

3     
2016 GENERAL SESSION

4     
STATE OF UTAH

5     
Chief Sponsor: Lyle W. Hillyard

6     
House Sponsor: V. Lowry Snow

7     

8     LONG TITLE
9     General Description:
10          This bill creates a uniform law governing a deploying parent, child custody, and
11     parent-time requirements.
12     Highlighted Provisions:
13          This bill:
14          ▸     creates a notification requirement for a deploying parent;
15          ▸     specifies a custodial responsibility plan;
16          ▸     determines form and modification of agreements for temporary custody;
17          ▸     establishes jurisdiction by certain courts; and
18          ▸     designates certain content for custody and child support orders.
19     Money Appropriated in this Bill:
20          None
21     Other Special Clauses:
22          Ĥ→ [
None] This bill has a special effective date. ←Ĥ
23     Utah Code Sections Affected:
24     ENACTS:
25          78B-20-101, Utah Code Annotated 1953
26          78B-20-102, Utah Code Annotated 1953
27          78B-20-103, Utah Code Annotated 1953

28          78B-20-104, Utah Code Annotated 1953
29          78B-20-105, Utah Code Annotated 1953
30          78B-20-106, Utah Code Annotated 1953
31          78B-20-107, Utah Code Annotated 1953
32          78B-20-201, Utah Code Annotated 1953
33          78B-20-202, Utah Code Annotated 1953
34          78B-20-203, Utah Code Annotated 1953
35          78B-20-204, Utah Code Annotated 1953
36          78B-20-205, Utah Code Annotated 1953
37          78B-20-301, Utah Code Annotated 1953
38          78B-20-302, Utah Code Annotated 1953
39          78B-20-303, Utah Code Annotated 1953
40          78B-20-304, Utah Code Annotated 1953
41          78B-20-305, Utah Code Annotated 1953
42          78B-20-306, Utah Code Annotated 1953
43          78B-20-307, Utah Code Annotated 1953
44          78B-20-308, Utah Code Annotated 1953
45          78B-20-309, Utah Code Annotated 1953
46          78B-20-310, Utah Code Annotated 1953
47          78B-20-311, Utah Code Annotated 1953
48          78B-20-401, Utah Code Annotated 1953
49          78B-20-402, Utah Code Annotated 1953
50          78B-20-403, Utah Code Annotated 1953
51          78B-20-404, Utah Code Annotated 1953
52          78B-20-501, Utah Code Annotated 1953
53          78B-20-502, Utah Code Annotated 1953
54          78B-20-503, Utah Code Annotated 1953
55     REPEALS:
56          30-3-40, as last amended by Laws of Utah 2010, Chapter 218
57     

58     Be it enacted by the Legislature of the state of Utah:

59          Section 1. Section 78B-20-101 is enacted to read:
60     
CHAPTER 20. UNIFORM DEPLOYED PARENTS CUSTODY,

61     
PARENT-TIME, AND VISITATION ACT

62     
Part 1. General Provisions

63          78B-20-101. Title.
64          This chapter is known as the "Uniform Deployed Parents Custody, Parent-Time, and
65     Visitation Act."
66          Section 2. Section 78B-20-102 is enacted to read:
67          78B-20-102. Definitions.
68          As used in this chapter:
69          (1) "Adult" means an individual who has attained 18 years of age or is an emancipated
70     minor.
71          (2) "Caretaking authority" means the right to live with and care for a child on a
72     day-to-day basis. The term includes physical custody, parent-time, right to access, and
73     visitation.
74          (3) "Child" means:
75          (a) an unemancipated individual who has not attained 18 years of age; or
76          (b) an adult son or daughter by birth or adoption, or under law of this state other than
77     this chapter, who is the subject of a court order concerning custodial responsibility.
78          (4) "Court" means a tribunal, including an administrative agency, authorized under the
79     law of this state other than this chapter to make, enforce, or modify a decision regarding
80     custodial responsibility.
81          (5) "Custodial responsibility" includes all powers and duties relating to caretaking
82     authority and decision-making authority for a child. The term includes physical custody, legal
83     custody, parent-time, right to access, visitation, and authority to grant limited contact with a
84     child.
85          (6) "Decision-making authority" means the power to make important decisions
86     regarding a child, including decisions regarding the child's education, religious training, health
87     care, extracurricular activities, and travel. The term does not include the power to make
88     decisions that necessarily accompany a grant of caretaking authority.
89          (7) "Deploying parent" means a servicemember who is deployed or has been notified of

90     impending deployment and is:
91          (a) a parent of a child under the law of this state other than this chapter; or
92          (b) an individual who has custodial responsibility for a child under the law of this state
93     other than this chapter.
94          (8) "Deployment" means the movement or mobilization of a servicemember for more
95     than 90 days but less than 18 months pursuant to uniformed service orders that:
96          (a) are designated as unaccompanied;
97          (b) do not authorize dependent travel; or
98          (c) otherwise do not permit the movement of family members to the location to which
99     the servicemember is deployed.
100          (9) "Family member" means a sibling, aunt, uncle, cousin, stepparent, or grandparent
101     of a child, or an individual recognized to be in a familial relationship with a child under the law
102     of this state other than this chapter.
103          (10) "Limited contact" means the authority of a nonparent to visit a child for a limited
104     time. The term includes authority to take the child to a place other than the residence of the
105     child.
106          (11) "Nonparent" means an individual other than a deploying parent or other parent.
107          (12) "Other parent" means an individual who, in common with a deploying parent, is:
108          (a) a parent of a child under the law of this state other than this chapter; or
109          (b) an individual who has custodial responsibility for a child under the law of this state
110     other than this chapter.
111          (13) "Record" means information that is inscribed on a tangible medium or that is
112     stored in an electronic or other medium and is retrievable in perceivable form.
113          (14) "Return from deployment" means the conclusion of a servicemember's
114     deployment as specified in uniformed service orders.
115          (15) "Servicemember" means a member of a uniformed service.
116          (16) "Sign" means, with present intent to authenticate or adopt a record:
117          (a) to execute or adopt a tangible symbol; or
118          (b) to attach to or logically associate with the record an electronic symbol, sound, or
119     process.
120          (17) "State" means a state of the United States, the District of Columbia, Puerto Rico,

121     the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction
122     of the United States.
123          (18) "Uniformed service" means:
124          (a) active and reserve components of the United States armed forces;
125          (b) the United States Merchant Marine;
126          (c) the commissioned corps of the United States Public Health Service;
127          (d) the commissioned corps of the National Oceanic and Atmospheric Administration
128     of the United States; or
129          (e) the national guard of a state.
130          Section 3. Section 78B-20-103 is enacted to read:
131          78B-20-103. Remedies for noncompliance.
132          In addition to other remedies under the law of this state other than this chapter, if a
133     court finds that a party to a proceeding under this chapter has acted in bad faith or intentionally
134     failed to comply with this chapter or a court order issued under this chapter, the court may
135     assess reasonable attorney fees and costs against the party and order other appropriate relief.
136          Section 4. Section 78B-20-104 is enacted to read:
137          78B-20-104. Jurisdiction.
138          (1) A court may issue an order regarding custodial responsibility under this chapter
139     only if the court has jurisdiction under Title 78B, Chapter 13, Utah Uniform Child Custody
140     Jurisdiction and Enforcement Act.
141          (2) If a court has issued a temporary order regarding custodial responsibility pursuant
142     to Part 3, Judicial Procedure for Granting Custodial Responsibility During Deployment, the
143     residence of the deploying parent is not changed by reason of the deployment for the purposes
144     of Title 78B, Chapter 13, Utah Uniform Child Custody Jurisdiction and Enforcement Act,
145     during the deployment.
146          (3) If a court has issued a permanent order regarding custodial responsibility before
147     notice of deployment and the parents modify that order temporarily by agreement pursuant to
148     Part 2, Agreement Addressing Custodial Responsibility During Deployment, the residence of
149     the deploying parent is not changed by reason of the deployment for the purposes of Title 78B,
150     Chapter 13, Utah Uniform Child Custody Jurisdiction and Enforcement Act.
151          (4) If a court in another state has issued a temporary order regarding custodial

152     responsibility as a result of impending or current deployment, the residence of the deploying
153     parent is not changed by reason of the deployment for the purposes of Title 78B, Chapter 13,
154     Utah Uniform Child Custody Jurisdiction and Enforcement Act.
155          (5) This section does not prevent a court from exercising temporary emergency
156     jurisdiction under Title 78B, Chapter 13, Utah Uniform Child Custody Jurisdiction and
157     Enforcement Act.
158          Section 5. Section 78B-20-105 is enacted to read:
159          78B-20-105. Notification required of deploying parent.
160          (1) Except as otherwise provided in Subsection (4) and subject to Subsection (3), a
161     deploying parent shall in a record notify the other parent of a pending deployment not later than
162     seven days after receiving notice of deployment unless reasonably prevented from doing so by
163     the circumstances of service. If the circumstances of service prevent giving notification within
164     the seven days, the deploying parent shall give the notification as soon as reasonably possible.
165          (2) Except as otherwise provided in Subsection (4) and subject to Subsection (3), each
166     parent shall in a record provide the other parent with a plan for fulfilling that parent's share of
167     custodial responsibility during deployment. Each parent shall provide the plan as soon as
168     reasonably possible after notification of deployment is given under Subsection (1).
169          (3) If a court order currently in effect prohibits disclosure of the address or contact
170     information of the other parent, notification of deployment under Subsection (1), or notification
171     of a plan for custodial responsibility during deployment under Subsection (2), may be made
172     only to the issuing court. If the address of the other parent is available to the issuing court, the
173     court shall forward the notification to the other parent. The court shall keep confidential the
174     address or contact information of the other parent.
175          (4) Notification in a record under Subsection (1) or (2) is not required if the parents are
176     living in the same residence and both parents have actual notice of the deployment or plan.
177          (5) In a proceeding regarding custodial responsibility, a court may consider the
178     reasonableness of a parent's efforts to comply with this section.
179          Section 6. Section 78B-20-106 is enacted to read:
180          78B-20-106. Duty to notify of change of address.
181          (1) Except as otherwise provided in Subsection (2), an individual to whom custodial
182     responsibility has been granted during deployment pursuant to Part 2, Agreement Addressing

183     Custodial Responsibility During Deployment, or Part 3, Judicial Procedure for Granting
184     Custodial Responsibility During Deployment, shall notify the deploying parent and any other
185     individual with custodial responsibility of a child of any change of the individual's mailing
186     address or residence until the grant is terminated. The individual shall provide notice to any
187     court that has issued a custody or child support order concerning the child, which is in effect.
188          (2) If a court order currently in effect prohibits disclosure of the address or contact
189     information of an individual to whom custodial responsibility has been granted, a notification
190     under Subsection (1) may be made only to the court that issued the order. The court shall keep
191     confidential the mailing address or residence of the individual to whom custodial responsibility
192     has been granted.
193          Section 7. Section 78B-20-107 is enacted to read:
194          78B-20-107. General consideration in custody proceeding of parent's military
195     service.
196          In a proceeding for custodial responsibility of a child of a servicemember, a court may
197     not consider a parent's past deployment or possible future deployment in itself in determining
198     the best interest of the child but may consider any significant impact on the best interest of the
199     child of the parent's past or possible future deployment.
200          Section 8. Section 78B-20-201 is enacted to read:
201     
Part 2. Agreement Addressing Custodial Responsibility During Deployment

202          78B-20-201. Form of agreement.
203          (1) The parents of a child may enter into a temporary agreement under this part
204     granting custodial responsibility during deployment.
205          (2) An agreement under Subsection (1) shall be:
206          (a) in writing; and
207          (b) signed by both parents and any nonparent to whom custodial responsibility is
208     granted.
209          (3) Subject to Subsection (4), an agreement under Subsection (1), if feasible, shall:
210          (a) identify the destination, duration, and conditions of the deployment that is the basis
211     for the agreement;
212          (b) specify the allocation of caretaking authority among the deploying parent, the other
213     parent, and any nonparent;

214          (c) specify any decision-making authority that accompanies a grant of caretaking
215     authority;
216          (d) specify any grant of limited contact to a nonparent;
217          (e) if under the agreement custodial responsibility is shared by the other parent and a
218     nonparent, or by other nonparents, provide a process to resolve any dispute that may arise;
219          (f) specify the frequency, duration, and means, including electronic means, by which
220     the deploying parent will have contact with the child, any role to be played by the other parent
221     in facilitating the contact, and the allocation of any costs of contact;
222          (g) specify the contact between the deploying parent and child during the time the
223     deploying parent is on leave or is otherwise available;
224          (h) acknowledge that any party's child-support obligation cannot be modified by the
225     agreement, and that changing the terms of the obligation during deployment requires
226     modification in the appropriate court;
227          (i) provide that the agreement will terminate according to the procedures under Part 4,
228     Return from Deployment, after the deploying parent returns from deployment; and
229          (j) if the agreement is required to be filed pursuant to Section 78B-20-205, specify
230     which parent is required to file the agreement.
231          (4) The omission of any of the items specified in Subsection (3) does not invalidate an
232     agreement under this section.
233          Section 9. Section 78B-20-202 is enacted to read:
234          78B-20-202. Nature of authority created by agreement.
235          (1) An agreement under this part is temporary and terminates pursuant to Part 4, Return
236     from Deployment, after the deploying parent returns from deployment, unless the agreement
237     has been terminated before that time by court order or modification under Section 78B-2-203.
238     The agreement may not create an independent, continuing right to caretaking authority,
239     decision-making authority, or limited contact in an individual to whom custodial responsibility
240     is given.
241          (2) A nonparent who has caretaking authority, decision-making authority, or limited
242     contact by an agreement under this part has standing to enforce the agreement until it has been
243     terminated by court order, by modification under Section 78B-20-203, or under Part 4, Return
244     from Deployment.

245          Section 10. Section 78B-20-203 is enacted to read:
246          78B-20-203. Modification of agreement.
247          (1) By mutual consent, the parents of a child may modify an agreement regarding
248     custodial responsibility made pursuant to this part.
249          (2) If an agreement is modified under Subsection (1) before deployment of a deploying
250     parent, the modification shall be in writing and signed by both parents and any nonparent who
251     will exercise custodial responsibility under the modified agreement.
252          (3) If an agreement is modified under Subsection (1) during deployment of a deployed
253     parent, the modification shall be agreed to in a record by both parents and any nonparent who
254     will exercise custodial responsibility under the modified agreement.
255          Section 11. Section 78B-20-204 is enacted to read:
256          78B-20-204. Power of attorney.
257          A deploying parent, by power of attorney, may delegate all or part of custodial
258     responsibility to an adult nonparent for the period of deployment if no other parent possesses
259     custodial responsibility under the law of this state other than this chapter or if a court order
260     currently in effect prohibits contact between the child and the other parent. The deploying
261     parent may revoke the power of attorney by signing a revocation of the power.
262          Section 12. Section 78B-20-205 is enacted to read:
263          78B-20-205. Filing agreement or power of attorney with court.
264          An agreement or power of attorney under this part shall be filed within a reasonable
265     time with any court that has entered an order on custodial responsibility or child support that is
266     in effect concerning the child who is the subject of the agreement or power. The case number
267     and heading of the pending case concerning custodial responsibility or child support shall be
268     provided to the court with the agreement or power.
269          Section 13. Section 78B-20-301 is enacted to read:
270     
Part 3. Judicial Procedure for Granting Custodial Responsibility During Deployment

271          78B-20-301. Definition.
272          In this part, "close and substantial relationship" means a relationship in which a
273     significant bond exists between a child and a nonparent.
274          Section 14. Section 78B-20-302 is enacted to read:
275          78B-20-302. Proceeding for temporary custody -- Order.

276          (1) After a deploying parent receives notice of deployment and until the deployment
277     terminates, a court may issue a temporary order granting custodial responsibility unless
278     prohibited by Section 39-7-105 and the Servicemembers Civil Relief Act, 50 U.S.C. Appendix
279     Sections 521 and 522. A court may not issue a permanent order granting custodial
280     responsibility without the consent of the deploying parent.
281          (2) At any time after a deploying parent receives notice of deployment, either parent
282     may file a motion regarding custodial responsibility of a child during deployment. The motion
283     shall be filed in a pending proceeding for custodial responsibility in a court with jurisdiction
284     under Section 78B-20-104 or, if there is no pending proceeding in a court with jurisdiction
285     under Section 78B-20-104, in a new action for granting custodial responsibility during
286     deployment.
287          Section 15. Section 78B-20-303 is enacted to read:
288          78B-20-303. Expedited hearing.
289          If a motion to grant custodial responsibility is filed under Subsection 78B-20-302(2)
290     before a deploying parent deploys, the court shall conduct an expedited hearing.
291          Section 16. Section 78B-20-304 is enacted to read:
292          78B-20-304. Testimony by electronic means.
293          In a proceeding under this part, a party or witness who is not reasonably available to
294     appear personally may appear, provide testimony, and present evidence by electronic means
295     unless the court finds good cause to require a personal appearance.
296          Section 17. Section 78B-20-305 is enacted to read:
297          78B-20-305. Effect of prior judicial order or agreement.
298          In a proceeding for a grant of custodial responsibility pursuant to this part, the
299     following rules apply:
300          (1) a prior judicial order designating custodial responsibility in the event of deployment
301     is binding on the court unless the circumstances meet the requirements of the law of this state
302     other than this chapter for modifying a judicial order regarding custodial responsibility; and
303          (2) the court shall enforce a prior written agreement between the parents for
304     designating custodial responsibility in the event of deployment, including an agreement
305     executed under Part 2, Agreement Addressing Custodial Responsibility During Deployment,
306     unless the court finds that the agreement is contrary to the best interest of the child.

307          Section 18. Section 78B-20-306 is enacted to read:
308          78B-20-306. Grant of caretaking or decision-making authority to nonparent.
309          (1) On motion of a deploying parent and in accordance with the law of this state other
310     than this chapter, if it is in the best interest of the child a court may grant caretaking authority
311     to a nonparent who is an adult family member of the child Ŝ→ [
or an adult] ←Ŝ with whom the
311a     child has
312     a close and substantial relationship.
313          (2) Unless a grant of caretaking authority to a nonparent under Subsection (1) is agreed
314     to by the other parent, the grant is limited to an amount of time not greater than:
315          (a) the amount of time granted to the deploying parent under a permanent custody
316     order, but the court may add unusual travel time necessary to transport the child; or
317          (b) in the absence of a permanent custody order that is currently in effect, the amount
318     of time that the deploying parent habitually cared for the child before being notified of
319     deployment, but the court may add unusual travel time necessary to transport the child.
320          (3) A court may grant part of a deploying parent's decision-making authority, if the
321     deploying parent is unable to exercise that authority, to a nonparent who is an adult family
322     member of the child Ŝ→ [
or an adult] ←Ŝ with whom the child has a close and substantial
322a     relationship.
323     If a court grants the authority to a nonparent, the court shall specify the decision-making
324     powers granted, including decisions regarding the child's education, religious training, health
325     care, extracurricular activities, and travel.
326          Section 19. Section 78B-20-307 is enacted to read:
327          78B-20-307. Grant of limited contact.
328          On motion of a deploying parent, and in accordance with the law of this state other than
329     this chapter, unless the court finds that the contact would be contrary to the best interest of the
330     child, a court shall grant limited contact to a nonparent who is a family member of the child or
331     an individual with whom the child has a close and substantial relationship.
332          Section 20. Section 78B-20-308 is enacted to read:
333          78B-20-308. Nature of authority created by temporary custody order.
334          (1) A grant of authority under this part is temporary and terminates under Part 4,
335     Return from Deployment, after the return from deployment of the deploying parent, unless the
336     grant has been terminated before that time by court order. The grant may not create an
337     independent, continuing right to caretaking authority, decision-making authority, or limited

338     contact in an individual to whom it is granted.
339          (2) A nonparent granted caretaking authority, decision-making authority, or limited
340     contact under this part has standing to enforce the grant until it is terminated by court order or
341     under Part 4, Return from Deployment.
342          Section 21. Section 78B-20-309 is enacted to read:
343          78B-20-309. Content of temporary custody order.
344          (1) An order granting custodial responsibility under this part shall:
345          (a) designate the order as temporary; and
346          (b) identify to the extent feasible the destination, duration, and conditions of the
347     deployment.
348          (2) If applicable, an order for custodial responsibility under this part shall:
349          (a) specify the allocation of caretaking authority, decision-making authority, or limited
350     contact among the deploying parent, the other parent, and any nonparent;
351          (b) if the order divides caretaking or decision-making authority between individuals, or
352     grants caretaking authority to one individual and limited contact to another, provide a process
353     to resolve any dispute that may arise;
354          (c) provide for liberal communication between the deploying parent and the child
355     during deployment, including through electronic means, unless contrary to the best interest of
356     the child, and allocate any costs of communications;
357          (d) provide for liberal contact between the deploying parent and the child during the
358     time the deploying parent is on leave or otherwise available, unless contrary to the best interest
359     of the child;
360          (e) provide for reasonable contact between the deploying parent and the child after
361     return from deployment until the temporary order is terminated, even if the time of contact
362     exceeds the time the deploying parent spent with the child before entry of the temporary order;
363     and
364          (f) provide that the order will terminate pursuant to Part 4, Return from Deployment,
365     after the deploying parent returns from deployment.
366          Section 22. Section 78B-20-310 is enacted to read:
367          78B-20-310. Order for child support.
368          If a court has issued an order granting caretaking authority under this part, or an

369     agreement granting caretaking authority has been executed under Part 2, Agreement
370     Addressing Custodial Responsibility During Deployment, the court may enter a temporary
371     order for child support consistent with the law of this state other than this chapter if the court
372     has jurisdiction under Title 78B, Chapter 14, Utah Uniform Interstate Family Support Act.
373          Section 23. Section 78B-20-311 is enacted to read:
374          78B-20-311. Modifying or terminating grant of custodial responsibility to
375     nonparent.
376          (1) Except for an order under Section 78B-20-305, except as otherwise provided in
377     Subsection (2), and consistent with Section 39-7-105 and the Servicemembers Civil Relief Act,
378     50 U.S.C. Appendix Sections 521 and 522, on motion of a deploying parent, other parent, or
379     any nonparent to whom caretaking authority, decision-making authority, or limited contact has
380     been granted, the court may modify or terminate the grant if the modification or termination is
381     consistent with this part and it is in the best interest of the child. A modification is temporary
382     and terminates pursuant to Part 4, Return from Deployment, after the deploying parent returns
383     from deployment, unless the grant has been terminated before that time by court order.
384          (2) On motion of a deploying parent, the court shall terminate a grant of limited
385     contact.
386          Section 24. Section 78B-20-401 is enacted to read:
387     
Part 4. Return from Deployment

388          78B-20-401. Procedure for terminating temporary grant of custodial
389     responsibility established by agreement.
390          (1) At any time after return from deployment, a temporary agreement granting
391     custodial responsibility under Part 2, Agreement Addressing Custodial Responsibility During
392     Deployment, may be terminated by an agreement to terminate signed by the deploying parent
393     and the other parent.
394          (2) A temporary agreement under Part 2, Agreement Addressing Custodial
395     Responsibility During Deployment, granting custodial responsibility terminates:
396          (a) if an agreement to terminate under Subsection (1) specifies a date for termination,
397     on that date; or
398          (b) if the agreement to terminate does not specify a date, on the date the agreement to
399     terminate is signed by the deploying parent and the other parent.

400          (3) In the absence of an agreement under Subsection (1) to terminate, a temporary
401     agreement granting custodial responsibility terminates under Part 2, Agreement Addressing
402     Custodial Responsibility During Deployment, 60 days after the deploying parent gives notice to
403     the other parent that the deploying parent returned from deployment.
404          (4) If a temporary agreement granting custodial responsibility was filed with a court
405     pursuant to Section 78B-20-205, an agreement to terminate the temporary agreement shall also
406     be filed with that court within a reasonable time after the signing of the agreement. The case
407     number and heading of the case concerning custodial responsibility or child support shall be
408     provided to the court with the agreement to terminate.
409          Section 25. Section 78B-20-402 is enacted to read:
410          78B-20-402. Consent procedure for terminating temporary grant of custodial
411     responsibility established by court order.
412          At any time after a deploying parent returns from deployment, the deploying parent and
413     the other parent may file with the court an agreement to terminate a temporary order for
414     custodial responsibility issued under Part 3, Judicial Procedure for Granting Custodial
415     Responsibility During Deployment. After an agreement has been filed, the court shall issue an
416     order terminating the temporary order effective on the date specified in the agreement. If a date
417     is not specified, the order is effective immediately.
418          Section 26. Section 78B-20-403 is enacted to read:
419          78B-20-403. Visitation before termination of temporary grant of custodial
420     responsibility.
421          After a deploying parent returns from deployment until a temporary agreement or order
422     for custodial responsibility established under Part 2, Agreement Addressing Custodial
423     Responsibility During Deployment, or Part 3, Judicial Procedure for Granting Custodial
424     Responsibility During Deployment, is terminated, the court shall issue a temporary order
425     granting the deploying parent reasonable contact with the child unless it is contrary to the best
426     interest of the child, even if the time of contact exceeds the time the deploying parent spent
427     with the child before deployment.
428          Section 27. Section 78B-20-404 is enacted to read:
429          78B-20-404. Termination by operation of law of temporary grant of custodial
430     responsibility established by court order.

431          (1) If an agreement between the parties to terminate a temporary order for custodial
432     responsibility under Part 3, Judicial Procedure for Granting Custodial Responsibility During
433     Deployment, has not been filed, the order terminates 60 days after the deploying parent gives
434     notice to the other parent and any nonparent granted custodial responsibility that the deploying
435     parent has returned from deployment.
436          (2) A proceeding seeking to prevent termination of a temporary order for custodial
437     responsibility is governed by the law of this state other than this chapter.
438          Section 28. Section 78B-20-501 is enacted to read:
439     
Part 5. Miscellaneous Provisions

440          78B-20-501. Uniformity of application and construction.
441          In applying and construing this uniform act, consideration shall be given to the need to
442     promote uniformity of the law with respect to its subject matter among states that enact it.
443          Section 29. Section 78B-20-502 is enacted to read:
444          78B-20-502. Relation to Electronic Signatures in Global and National Commerce
445     Act.
446          This chapter modifies, limits, or supersedes the Electronic Signatures in Global and
447     National Commerce Act, 15 U.S.C. Sec. 7001 et seq., but does not modify, limit, or supersede
448     Section 101(c) of that act, 15 U.S.C. Sec. 7001(c), or authorize electronic delivery of any of the
449     notices described in Section 103(b) of that act, 15 U.S.C. Sec. 7003(b).
450          Section 30. Section 78B-20-503 is enacted to read:
451          78B-20-503. Savings clause.
452          This chapter does not affect the validity of a temporary court order concerning custodial
453     responsibility during deployment that was entered before May 10, 2016.
454          Section 31. Repealer.
455          This bill repeals:
456          Section 30-3-40, Custody and parent-time when one parent is a servicemember.
456a          Ĥ→ Section 32. Effective date.
456b          This bill takes effect July 1, 2017. ←Ĥ






Legislative Review Note
Office of Legislative Research and General Counsel