7 LONG TITLE
8 General Description:
9 This bill modifies provisions related to parenting plans.
10 Highlighted Provisions:
11 This bill:
12 ▸ lists decisions related to an education plan;
13 ▸ addresses who makes the education plan; and
14 ▸ makes technical changes.
15 Money Appropriated in this Bill:
17 Other Special Clauses:
19 Utah Code Sections Affected:
21 30-3-10.9, as last amended by Laws of Utah 2017, Chapter 224
23 Be it enacted by the Legislature of the state of Utah:
24 Section 1. Section 30-3-10.9 is amended to read:
25 30-3-10.9. Parenting plan -- Objectives -- Required provisions -- Dispute
26 resolution -- Education plan.
27 (1) The objectives of a parenting plan are to:
28 (a) provide for the child's physical care;
29 (b) maintain the child's emotional stability;
30 (c) provide for the child's changing needs as the child grows and matures in a way that
31 minimizes the need for future modifications to the parenting plan;
32 (d) set forth the authority and responsibilities of each parent with respect to the child
33 consistent with the definitions outlined in this chapter;
34 (e) minimize the child's exposure to harmful parental conflict;
35 (f) encourage the parents, where appropriate, to meet the responsibilities to their minor
36 children through agreements in the parenting plan rather than relying on judicial intervention;
38 (g) protect the best interests of the child.
39 (2) The parenting plan shall contain provisions for resolution of future disputes
40 between the parents, allocation of decision-making authority, and residential provisions for the
41 child, and provisions addressing notice and parent-time responsibilities in the event of the
42 relocation of either party. It may contain other provisions comparable to those in Sections
43 30-3-5 and 30-3-10.3 regarding the welfare of the child.
44 (3) A process for resolving disputes shall be provided unless precluded or limited by
45 statute. A dispute resolution process may include:
46 (a) counseling;
47 (b) mediation or arbitration by a specified individual or agency; or
48 (c) court action.
49 (4) In the dispute resolution process:
50 (a) preference shall be given to the provisions in the parenting plan;
51 (b) parents shall use the designated process to resolve disputes relating to
52 implementation of the plan, except those related to financial support, unless an emergency
54 (c) a written record shall be prepared of any agreement reached in counseling or
55 mediation and provided to each party;
56 (d) if arbitration becomes necessary, a written record shall be prepared and a copy of
57 the arbitration award shall be provided to each party;
58 (e) if the court finds that a parent has used or frustrated the dispute resolution process
59 without good reason, the court may award [
60 the prevailing parent;
61 (f) the district court [
62 process; and
63 (g) the provisions of this Subsection (4) shall be set forth in any final decree or order.
64 (5) (a) [
65 shall allocate decision-making authority to one or both parties regarding the [
66 education, [
67 agreement related to the care and growth of the [
68 other areas into [
69 and Subsection (1). Regardless of the allocation of decision-making in the parenting plan,
70 either parent may make emergency decisions affecting the health or safety of the child.
71 (b) A child's education plan shall designate the following:
72 (i) the home residence for purposes of identifying the appropriate school or another
73 specific plan that provides for where the child will attend school;
74 (ii) which parent has authority to make education decisions for the child if the parents
75 cannot agree; and
76 (iii) whether one or both parents have access to the child during school and authority to
77 check the child out of school.
78 (c) If no education provision is included in the parent plan:
79 (i) a parent with sole physical custody shall make the decisions listed in Subsection
81 (ii) in the event of joint physical custody when one parent has custody a majority of the
82 time, pursuant to Subsection 30-3-10.3(4):
83 (A) the parent having the child the majority of the time shall make the decisions listed
84 in Subsections (5)(b)(i) and (ii); and
85 (B) both parents with joint physical custody shall have access to the child during
86 school and authority to check the child out of school; or
87 (iii) in the event of joint physical custody when the parents have custody an equal
88 amount of time:
89 (A) the court shall determine how the decisions listed in Subsections (5)(b)(i) and (ii)
90 are made; and
91 (B) both parents with joint physical custody shall have access to the child during
92 school and authority to check the child out of school.
93 (6) Each parent may make decisions regarding the day-to-day care and control of the
94 child while the child is residing with that parent.
95 (7) When mutual decision-making is designated but cannot be achieved, the parties
96 shall make a good faith effort to resolve the issue through the dispute resolution process.
97 (8) The plan shall include a residential schedule [
98 parent's home each minor child shall reside on given days of the year, including provisions for
99 holidays, birthdays of family members, vacations, and other special occasions.
100 (9) If a parent fails to comply with a provision of the parenting plan or a child support
101 order, the other parent's obligations under the parenting plan or the child support order are not
102 affected. Failure to comply with a provision of the parenting plan or a child support order may
103 result in a finding of contempt of court.
104 (10) (a) When one or both parents are servicemembers, the parenting plan shall contain
105 provisions that address the foreseeable parenting and custodial issues likely to arise in the event
106 of notification of deployment or other contingency, including long-term deployments,
107 short-term deployments, death, incapacity, and noncombatant evacuation operations.
108 (b) The provisions in the parenting plan described in Subsection (10)(a) shall comport
109 substantially with the requirements of an agreement made pursuant to Section 78B-20-201.