Section 1, Section 30-3-4 is amended to read: 30-3-4. Pleadings -- Decree -- Mandatory course requirements -- Use of affidavit -- Private records. (1) As used in this section, "mandatory courses" means: (a) the mandatory parenting course described in Subsection 30-3-11.3(1)(a); and (b) the divorce orientation course described in Section 30-3-11.4. (1) (2) (a)The complaint shall be in writing and signed by the petitioner or petitioner's attorney. (b)A decree of divorce may not be granted upon default or otherwise except upon legal evidence taken in the cause. If the decree is to be entered upon the default of the respondent, evidence to support the decree may be submitted upon the affidavit of the petitioner with the approval of the court. (c) If the petitioner and the respondent have a child or children, a decree of divorce may not be granted until both parties have attended the mandatory course described in Section 30-3-11.3 or 30-3-11.4, and have presented a certificate of course completion to the court. The court may waive this requirement, on its own motion or on the motion of one of the parties, if it determines course attendance and completion are not necessary, appropriate, feasible, or in the best interest of the parties. (d) (c) All hearings and trials for divorce shall be held before the court or the court commissioner as provided by Section 78A-5-107 and rules of the Judicial Council. The court or the commissioner in all divorce cases shall enter the decree upon the evidence or, in the case of a decree after default of the respondent, upon the petitioner's affidavit. (3) (a) If the parties to the divorce action have a child, the parties shall attend the mandatory courses: (i) for the petitioner, within 60 days after the day on which the petition is filed; and (ii) for the respondent, within 30 days after the day on which the respondent is served. (b) If the parties to a divorce action do not have a child, the parties may choose to attend the divorce orientation course described in Section 30-3-11.4. (c) The clerk of the court shall provide notice to a petitioner of the requirement for the mandatory courses. (d) A petition shall include information regarding the mandatory courses when the petition is served on the respondent. (4) For a party that is unable to pay the costs of the mandatory courses, and before the court enters a decree of divorce in the action, the court shall: (a) make a final determination of indigency; and (b) order the party to pay the costs of the mandatory courses if the court determines the party is not indigent. (5) (a) Except for a temporary restraining order under Rule 65 of the Utah Rules of Civil Procedure, a party may file, but the court may not hear, a motion for an order related to the divorce until the moving party completes the mandatory courses. (b) It is an affirmative defense in a divorce action that a party has not completed the mandatory courses and the action may not continue until a party has complied with the mandatory courses. (6) (a) Notwithstanding Subsections (3) and (5)(b), the court may waive the requirement that the parties attend the mandatory courses, on the court's own motion or on the motion of one of the parties, if the court determines course attendance and completion are not necessary, appropriate, or feasible, or in the best interest of the parties. (b) If the requirement is waived, the court may permit the divorce action to proceed. (2) (7) (a)A party to an action brought under this title or to an action under Title 78B, Chapter 12, Utah Child Support Act, Title 78B, Chapter 13, Utah Uniform Child Custody Jurisdiction and Enforcement Act, Title 78B, Chapter 14, Utah Uniform Interstate Family Support Act, Title 78B, Chapter 15, Utah Uniform Parentage Act, or to an action to modify or enforce a judgment in the action may file a motion to have the file other than the final judgment, order, or decree classified as private. (b)If the court finds that there are substantial interests favoring restricting access that clearly outweigh the interests favoring access, the court may classify the file, or any part thereof other than the final order, judgment, or decree, as private. An order classifying part of the file as private does not apply to subsequent filings. (c)The record is private until the judge determines it is possible to release the record without prejudice to the interests that justified the closure. Any interested person may petition the court to permit access to a record classified as private under this section. The petition shall be served on the parties to the closure order.

Section 2, Section 30-3-4.5 is amended to read: 30-3-4.5. Motion for temporary separation order. (1)A petitioner may file an action for a temporary separation order without filing a petition for divorce by filing a petition for temporary separation and motion for temporary orders if: (a)the petitioner is lawfully married to the respondent; and (b)both parties are residents of the state for at least 90 days prior to the date of filing. (2)The temporary orders are valid for one year from the date of the hearing, or until one of the following occurs: (a)a petition for divorce is filed and consolidated with the petition for temporary separation; or (b)the case is dismissed. (3)If a petition for divorce is filed and consolidated with the petition for temporary separation, orders entered in the temporary separation shall continue in the consolidated case. (4) Both parties shall attend the divorce orientation course described in Section 30-3-11.4 within 60 days of the filing of the petition, for petitioner, and within 45 days of being served, for respondent. (4) (a) If the parties to the temporary separation action have a child, the parties shall attend the divorce orientation course described in Section 30-3-11.4: (i) for the petitioner, within 60 days after the day on which the petition is filed; and (ii) for the respondent, within 30 days after the day on which the respondent is served. (b) If the parties to the temporary separation action do not have a child, the parties may choose to attend the divorce orientation course described in Section 30-3-11.4. (c) The clerk of the court shall provide notice to a petitioner of the divorce orientation course requirement. (d) A petition shall include information regarding the divorce orientation course requirement when the petition is served on the respondent. (5) For a party that is unable to pay the costs of the divorce orientation course, and before the court enters a decree of divorce in the action, the court shall: (a) make a final determination of indigency; and (b) order the party to pay the costs of the divorce orientation course if the court determines the party is not indigent. (6) (a) Except for a temporary restraining order under Rule 65 of the Utah Rules of Civil Procedure, a party may file, but the court may not hear, a motion for an order related to the temporary separation petition until the moving party completes the divorce orientation course. (b) It is an affirmative defense in a temporary separation action that a party has not completed the divorce orientation course and the action may not continue until a party has complied with the divorce orientation course. (7) (a) Notwithstanding Subsections (4) or (6)(b), the court may waive the requirement that the parties attend the divorce orientation course, on the court's own motion or on the motion of one of the parties, if the court determines course attendance and completion are not necessary, appropriate, or feasible, or in the best interest of the parties. (b) If the requirement is waived, the court may permit the temporary separation action to proceed. (5) (8) Service shall be made upon respondent, together with a 20-day summons, in accordance with the rules of civil procedure. (6) (9) The fee for filing the petition for temporary separation orders is $35. If either party files a petition for divorce within one year from the date of filing the petition for temporary separation, the separation filing fee shall be credited towards the filing fee for the divorce.

Section 3, Section 30-3-10.3 is amended to read: 30-3-10.3. Terms of joint legal or physical custody order. (1) Unless the court orders otherwise, before a final order of joint legal custody or joint physical custody is entered both parties shall attend the mandatory course for divorcing parents, as provided in Section 30-3-11.3, and present a certificate of completion from the course to the court. (2) (1) An order of joint legal or physical custody shall provide terms the court determines appropriate, which may include specifying: (a)either the county of residence of the child, until altered by further order of the court, or the custodian who has the sole legal right to determine the residence of the child; (b)that the parents shall exchange information concerning the health, education, and welfare of the child, and where possible, confer before making decisions concerning any of these areas; (c)the rights and duties of each parent regarding the child's present and future physical care, support, and education; (d)provisions to minimize disruption of the child's attendance at school and other activities, his daily routine, and his association with friends; and (e)as necessary, the remaining parental rights, privileges, duties, and powers to be exercised by the parents solely, concurrently, or jointly. (3) (2) The court shall, where possible, include in the order the terms of the parenting plan provided in accordance with Section 30-3-10.8. (4) (3) Any parental rights not specifically addressed by the court order may be exercised by the parent having physical custody of the child the majority of the time. (5) (4) The appointment of joint legal or physical custodians does not impair or limit the authority of the court to order support of the child, including payments by one custodian to the other. (6) (5) An order of joint legal custody, in itself, is not grounds for modifying a support order. (7) (6) An order of joint legal or physical custody shall require a parenting plan incorporating a dispute resolution procedure the parties agree to use: (a)in accordance with Section 30-3-10.9, or as ordered by the court in accordance with Subsection 30-3-10.2(5); and (b)before seeking enforcement or modification of the terms and conditions of the order of joint legal or physical custody through litigation, except in emergency situations requiring ex parte orders to protect the child.

Section 4, Section 30-3-10.4 is amended to read: 30-3-10.4. Modification or termination of order. (1)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 the circumstances of the child or one or both parents or joint legal or physical custodians have materially and substantially changed 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 child; and (c) (i)both parents have complied in good faith with the dispute resolution procedure in accordance with Subsection 30-3-10.3(7) 30-3-10.3(6) ; 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 30-3-10.2(5) unless the parents certify that, in good faith, they have used a dispute resolution procedure to resolve their dispute. (2) (a)In determining whether the best interest of a 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 outlined in Section 30-3-10 and Subsection 30-3-10.2(2). (b)A court order modifying or terminating an existing joint legal custody or joint physical custody order shall contain written findings that: (i)a material and substantial 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 child. (c)The court shall give substantial weight to the existing joint legal custody or joint physical custody order when the child is thriving, happy, and well-adjusted. (3)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 Subsection 30-3-10(3). The court may modify the terms and conditions of the existing order in accordance with Subsection 30-3-10(8) and may order the parents to file a parenting plan in accordance with this chapter. (4)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 30-3-10.8. (5)If the court finds that an action under this section is filed or answered frivolously and in a manner designed to harass the other party, the court shall assess attorney fees as costs against the offending party. (6)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 78B-20-306 through 78B-20-309.

Section 5, Section 30-3-10.9 is amended to read: 30-3-10.9. Parenting plan -- Objectives -- Required provisions -- Dispute resolution -- Education plan. (1)The objectives of a parenting plan are to: (a)provide for the child's physical care; (b)maintain the child's emotional stability; (c)provide for the child's changing needs as the child grows and matures in a way that minimizes the need for future modifications to the parenting plan; (d)set forth the authority and responsibilities of each parent with respect to the child consistent with the definitions outlined in this chapter; (e)minimize the child's exposure to harmful parental conflict; (f)encourage the parents, where appropriate, to meet the responsibilities to their minor children through agreements in the parenting plan rather than relying on judicial intervention; and (g)protect the best interests of the child. (2)The parenting plan shall contain provisions for resolution of future disputes between the parents, allocation of decision-making authority, and residential provisions for the child, and provisions addressing notice and parent-time responsibilities in the event of the relocation of either party. It may contain other provisions comparable to those in Sections 30-3-5 and 30-3-10.3 regarding the welfare of the child. (3)A process for resolving disputes shall be provided unless precluded or limited by statute. A dispute resolution process may include: (a)counseling; (b)mediation or arbitration by a specified individual or agency; or (c)court action. (4)In the dispute resolution process: (a)preference shall be given to the provisions in the parenting plan; (b)parents shall use the designated process to resolve disputes relating to implementation of the plan, except those related to financial support, unless an emergency exists; (c)a written record shall be prepared of any agreement reached in counseling or mediation and provided to each party; (d)if arbitration becomes necessary, a written record shall be prepared and a copy of the arbitration award shall be provided to each party; (e)if the court finds that a parent has used or frustrated the dispute resolution process without good reason, the court may award attorney fees and financial sanctions to the prevailing parent; (f)the district court has the right of review from the dispute resolution process; and (g)the provisions of this Subsection (4) shall be set forth in any final decree or order. (5) (a)Subject to the other provisions of this Subsection (5), the parenting plan shall allocate decision-making authority to one or both parties regarding the child's education, healthcare, and religious upbringing. The parties may incorporate an agreement related to the care and growth of the child in these specified areas or in other areas into the plan, consistent with the criteria outlined in Subsection 30-3-10.7 (2) and Subsection (1). Regardless of the allocation of decision-making in the parenting plan, either parent may make emergency decisions affecting the health or safety of the child. (b)A child's education plan shall designate the following: (i)the home residence for purposes of identifying the appropriate school or another specific plan that provides for where the child will attend school; (ii)which parent has authority to make education decisions for the child if the parents cannot agree; and (iii)whether one or both parents have access to the child during school and authority to check the child out of school. (c)If no education provision is included in the parent plan: (i)a parent with sole physical custody shall make the decisions listed in Subsection (5)(b); (ii)in the event of joint physical custody when one parent has custody a majority of the time, pursuant to Subsection 30-3-10.3(4) 30-3-10.3(3) : (A)the parent having the child the majority of the time shall make the decisions listed in Subsections (5)(b)(i) and (ii); and (B)both parents with joint physical custody shall have access to the child during school and authority to check the child out of school; or (iii)in the event of joint physical custody when the parents have custody an equal amount of time: (A)the court shall determine how the decisions listed in Subsections (5)(b)(i) and (ii) are made; and (B)both parents with joint physical custody shall have access to the child during school and authority to check the child out of school. (6)Each parent may make decisions regarding the day-to-day care and control of the child while the child is residing with that parent. (7)When mutual decision-making is designated but cannot be achieved, the parties shall make a good faith effort to resolve the issue through the dispute resolution process. (8)The plan shall include a residential schedule that designates in which parent's home each minor child shall reside on given days of the year, including provisions for holidays, birthdays of family members, vacations, and other special occasions. (9)If a parent fails to comply with a provision of the parenting plan or a child support order, the other parent's obligations under the parenting plan or the child support order are not affected. Failure to comply with a provision of the parenting plan or a child support order may result in a finding of contempt of court. (10) (a)When one or both parents are servicemembers, the parenting plan shall contain provisions that address the foreseeable parenting and custodial issues likely to arise in the event of notification of deployment or other contingency, including long-term deployments, short-term deployments, death, incapacity, and noncombatant evacuation operations. (b)The provisions in the parenting plan described in Subsection (10)(a) shall comport substantially with the requirements of an agreement made pursuant to Section 78B-20-201 .

Section 6, Section 30-3-11.3 is amended to read: 30-3-11.3. Mandatory parenting course for parties in a divorce or parentage action. (1)The Judicial Council shall approve and implement : (a) a mandatory parenting course for divorcing parents in all judicial districts . The mandatory course is designed to educate and sensitize divorcing parties to their children's needs both during and after the divorce process. for married parties in a divorce action determining issues of child custody and parent-time; and (b) a mandatory parenting course in all judicial districts for unmarried parties in a parentage action determining issues of child custody and parent-time. (2)The Judicial Council shall adopt rules to implement and administer this program the mandatory parenting courses described in Subsection (1) . (3) (a) As a prerequisite to receiving a divorce decree, both parties are required to attend a mandatory course on their children's needs after filing a complaint for divorce and receiving a docket number, unless waived under Section 30-3-4. If that requirement is waived, the court may permit the divorce action to proceed. (b) With the exception of a temporary restraining order pursuant to Rule 65, Utah Rules of Civil Procedure, a party may file, but the court may not hear, a motion for an order related to the divorce until the moving party completes the mandatory educational course for divorcing parents required by this section. (4) The court may require unmarried parents to attend this educational course when those parents are involved in a visitation or custody proceeding before the court. (5) (3) The mandatory course shall instruct both parties: The mandatory parenting courses shall educate and sensitize parties to the needs of the parties' child during and after the court process, including instructing the parties: (a)about divorce and its impacts the impact of the court process, and its outcome, on: (i) their child or children the child; (ii) their the family relationship; and (iii) their financial responsibilities for their child or children the financial responsibilities of the parties to the child ; and (b)that domestic violence has a harmful effect on children and family relationships. (6) (4) (a) The course The mandatory parenting courses may be provided through live instruction, video instruction, or an online provider. (b) The online and video options under Subsection (4)(a) must be formatted as interactive presentations that ensure active participation and learning by the parent party . (7) (5) (a) The Administrative Office of the Courts shall administer the course pursuant to the mandatory parenting courses, in accordance with Title 63G, Chapter 6a, Utah Procurement Code, through private or public contracts and organize the program in each of Utah's judicial districts. (b) The contracts shall provide for the recoupment of administrative expenses through the costs charged to individual parties , pursuant to Subsection (9). as described in Subsection (7). (8) (6) A certificate of completion constitutes evidence to the court of course completion of a parenting course under this section by the parties. (9) (7) (a)Each party shall pay the costs of the cost of a parenting course to the independent contractor providing the course at the time and place of the course. (b) A fee of $8 shall be collected, as part of the course a parenting course fee paid by each participant, and deposited in the Children's Legal Defense Account , described in Section 51-9-408. (b) (c) Each party who is unable to pay the costs of the cost of a parenting course may attend the parenting course , without payment , upon a prima facie showing of indigency as evidenced by an affidavit of indigency filed in the district court in accordance with Section 78A-2-302. In those situations, the independent contractor shall be reimbursed for the independent contractor's costs from the appropriation to the Administrative Office of the Courts for "Mandatory Educational Course for Divorcing Parents Program." Before a decree of divorce may be entered, the court shall make a final review and determination of indigency and may order the payment of the costs if so determined. (d) The Administrative Office of the Courts shall use appropriations from the Children's Legal Defense Account to reimburse an independent contractor for the costs of a party who is unable to pay for a parenting course under Subsection (7)(c). (10) Appropriations from the General Fund to the Administrative Office of the Courts for the "Mandatory Educational Course for Divorcing Parents Program" shall be used to pay the costs of an indigent parent who makes a showing as provided in Subsection (9)(b). (11) (8) The Administrative Office of the Courts shall : (a) adopt a program to evaluate the effectiveness of the mandatory educational course. Progress reports shall be provided if requested by the Judiciary Interim Committee. the mandatory parenting courses; and (b) provide progress reports to the Judiciary Interim Committee if requested.

Section 7, Section 30-3-11.4 is amended to read: 30-3-11.4. Mandatory orientation course for divorce or temporary separation actions. (1) (a) There is established a mandatory divorce orientation course for all parties with minor children who file a petition for temporary separation or for a divorce. (b) A couple with no minor children is not required, but may choose to attend the course. The purpose of the course is to educate parties about the divorce process and reasonable alternatives. (2) A petitioner shall attend a divorce orientation course no more than 60 days after filing a petition for divorce. (3) (a) With the exception of a temporary restraining order pursuant to Rule 65, Utah Rules of Civil Procedure, a party may file, but the court may not hear, a motion for an order related to the divorce or petition for temporary separation, until the moving party completes the divorce orientation course. (b) Notwithstanding Subsection (3)(a), both parties shall attend a divorce orientation course before a divorce decree may be entered, unless waived by the court under Section 30-3-4 . (4) The respondent shall attend the divorce orientation course no more than 30 days after being served with a petition for divorce. (5) The clerk of the court shall provide notice to a petitioner of the requirement for the course, and information regarding the course shall be included with the petition or motion, when served on the respondent. (6) (2) The divorce orientation course shall be neutral, unbiased, and at least one hour in duration , and include: . (3) The divorce orientation course shall educate the parties about the divorce process and reasonable alternatives, including instructing the parties on: (a)options available as alternatives to divorce; (b)resources available from courts and administrative agencies for resolving custody and support issues without filing for divorce; (c)resources available to improve or strengthen the marriage; (d)a discussion of the positive and negative consequences of divorce; (e)a discussion of the process of divorce; (f)options available for proceeding with a divorce, including: (i)mediation; (ii)collaborative law; and (iii)litigation; and (g)a discussion of post-divorce resources. (7) (4) The divorce orientation course may be provided in conjunction with the mandatory course for divorcing parents a mandatory parenting course required by Section 30-3-11.3 . (8) (5) The Administrative Office of the Courts shall administer the course pursuant to divorce orientation course, in accordance with Title 63G, Chapter 6a, Utah Procurement Code, through private or public contracts and organize the program in each of Utah's judicial districts . (9) (6) The divorce orientation course may be through live instruction, video instruction, or through an online provider. (10) (7) (a)A participant party shall pay the costs cost of the divorce orientation course , which may not exceed $30, to the independent contractor providing the course at the time and place of the course. (b) A party may not be charged more than $30 to participate in the divorce orientation course. (c) A petitioner may not be charged more than $15 to participate in the divorce orientation course if the petitioner attends a live instruction course within 30 days after the day on which the petitioner filed the action. (d) A respondent may not be charged more than $15 to participate in the divorce orientation course if the respondent attends a live instruction course within 30 days after the day on which the respondent is served with the action. (b) A petitioner who attends a live instruction course within 30 days of filing may not be charged more than $15 for the course. (c) A respondent who attends a live instruction course within 30 days of being served with a petition for divorce may not be charged more than $15 for the course. (d) (e) A fee of $5 shall be collected, as part of the divorce orientation course fee paid by each participant, and deposited in the Children's Legal Defense Account described in Section 51-9-408. (e) (f) Each party who is unable to pay the costs of the course may attend the divorce orientation course , without payment , upon a prima facie showing of indigency as evidenced by an affidavit of indigency filed in the district court in accordance with Section 78A-2-302. The independent contractor shall be reimbursed for the independent contractor's costs by the Administrative Office of the Courts. A petitioner who is later determined not to meet the qualifications for indigency may be ordered to pay the costs of the course. (g) The Administrative Office of the Courts shall use appropriations from the Children's Legal Defense Account to reimburse an independent contractor for the costs of a party who is unable to pay for the divorce orientation course under Subsection (7)(f). (11) Appropriations from the General Fund to the Administrative Office of the Courts for the divorce orientation course shall be used to pay the costs of an indigent petitioner who is determined to be indigent as provided in Subsection (10)(e). (12) (8) The Online Court Assistance Program shall include instructions with the forms for divorce that inform the petitioner of the requirement of this section. (13) (9) A certificate of completion constitutes evidence to the court of course completion of the divorce orientation course by the parties. (14) It shall be an affirmative defense in all divorce actions that the divorce orientation requirement was not complied with, and the action may not continue until a party has complied. (15) (10) The Administrative Office of the Courts shall : (a) adopt a program to evaluate the effectiveness of the mandatory educational course. Progress reports shall be provided if requested by the Judiciary Interim Committee. the divorce orientation course described in this section; and (b) provide progress reports to the Judiciary Interim Committee if requested.

Section 8, Section 30-3-35.2 is amended to read: 30-3-35.2. Equal parent-time schedule. (1) (a)A court may order the equal parent-time schedule described in this section if the court determines that: (i)the equal parent-time schedule is in the child's best interest; (ii)each parent has been actively involved in the child's life; and (iii)each parent can effectively facilitate the equal parent-time schedule. (b)To determine whether each parent has been actively involved in the child's life, the court shall consider: (i)each parent's demonstrated responsibility in caring for the child; (ii)each parent's involvement in child care; (iii)each parent's presence or volunteer efforts in the child's school and at extracurricular activities; (iv)each parent's assistance with the child's homework; (v)each parent's involvement in preparation of meals, bath time, and bedtime for the child; (vi)each parent's bond with the child; and (vii)any other factor the court considers relevant. (c)To determine whether each parent can effectively facilitate the equal parent-time schedule, the court shall consider: (i)the geographic distance between the residence of each parent and the distance between each residence and the child's school; (ii)each parent's ability to assist with the child's after school care; (iii)the health of the child and each parent, consistent with Subsection 30-3-10(6); (iv)the flexibility of each parent's employment or other schedule; (v)each parent's ability to provide appropriate playtime with the child; (vi)each parent's history and ability to implement a flexible schedule for the child; (vii)physical facilities of each parent's residence; and (viii)any other factor the court considers relevant. (2) (a)If the parties agree to or the court orders the equal parent-time schedule described in this section, a parenting plan in accordance with Sections 30-3-10.7 through 30-3-10.10 shall be filed with an order incorporating the equal parent-time schedule. (b)An order under this section shall result in 182 overnights per year for one parent, and 183 overnights per year for the other parent. (c)Under the equal parent-time schedule, neither parent is considered to have the child the majority of the time for the purposes of Subsection 30-3-10.3(4) 30-3-10.3(3) or 30-3-10.9 (5)(c)(ii). (d)Child support for the equal parent-time schedule shall be consistent with Section 78B-12-208 . (e) (i)A court shall determine which parent receives 182 overnights and which parent receives 183 overnights for parent-time. (ii)For the purpose of calculating child support under Section 78B-12-208, the amount of time to be spent with the parent who has the lower gross monthly income is considered 183 overnights, regardless of whether the parent receives 182 overnights or 183 overnights under Subsection (2)(e)(i). (3) (a)Unless the parents agree otherwise and subject to a holiday, the equal parent-time schedule is as follows: (i)one parent shall exercise parent-time starting Monday morning and ending Wednesday morning; (ii)the other parent shall exercise parent-time starting Wednesday morning and ending Friday morning; and (iii)each parent shall alternate weeks exercising parent-time starting Friday morning and ending Monday morning. (b)The child exchange shall take place: (i)at the time the child's school begins; or (ii)if school is not in session, at 9 a.m. (4) (a)The parents may create a holiday schedule. (b)If the parents are unable to create a holiday schedule under Subsection (4)(a), the court shall: (i)order the holiday schedule described in Section 30-3-35; and (ii)designate which parent shall exercise parent-time for each holiday described in Section 30-3-35. (5) (a)Each year, a parent may designate two consecutive weeks to exercise uninterrupted parent-time during the summer when school is not in session. (b) (i)One parent may make a designation at any time and the other parent may make a designation after May 1. (ii)A parent shall make a designation at least 30 days before the day on which the designated two-week period begins. (c)The court shall designate which parent may make the earlier designation described in Subsection (5)(b)(i) for an even numbered year with the other parent allowed to make the earlier designation in an odd numbered year. (d)The two consecutive weeks described in Subsection (5)(a) take precedence over all holidays except for Mother's Day and Father's Day.

Section 9, Section 51-9-408 is amended to read: 51-9-408. Children's Legal Defense Account. (1)There is created a restricted account within the General Fund known as the Children's Legal Defense Account. (2)The purpose of the Children's Legal Defense Account is to provide for programs that protect and defend the rights, safety, and quality of life of children. (3) (a)The Legislature shall appropriate money from the account for the administrative and related costs of the following programs: (i) implementing the Mandatory Educational Course on Children's Needs for Divorcing Parents relating to the effects of divorce on children as provided in Sections 30-3-4, 30-3-10.3, 30-3-11.3, and the Mediation Program - Child Custody or Parent-time; (i) implementing the mandatory courses described in Sections 30-3-11.3 and 30-3-11.4 and the mediation program for child custody or parent-time; (ii)implementing the use of guardians ad litem in accordance with Sections 78A-2-703 , 78A-2-705, 78A-2-803, and 78B-3-102; (iii)the training of attorney guardians ad litem and volunteers as provided in Section 78A-2-803 ; (iv)implementing and administering the Expedited Parent-time Enforcement Program as provided in Section 30-3-38; and (v)implementing and administering the Divorce Education for Children Program. (b)The Children's Legal Defense Account may not be used to supplant funding for the guardian ad litem program under Section 78A-2-803. (4)The following withheld fees shall be allocated only to the Children's Legal Defense Account and used only for the purposes provided in Subsections (3)(a)(i) through (v): (a)the additional $10 fee withheld on every marriage license issued in the state of Utah as provided in Section 17-16-21; and (b)a fee of $4 shall be withheld from the existing civil filing fee collected on any complaint, affidavit, or petition in a civil, probate, or adoption matter in every court of record. (5)The Division of Finance shall allocate the money described in Subsection (4) from the General Fund to the Children's Legal Defense Account. (6)Any funds in excess of $200,000 remaining in the restricted account as of June 30 of any fiscal year shall lapse into the General Fund.

Section 10, Section 78B-15-610 is amended to read: 78B-15-610. Joinder of judicial proceedings -- Court reliance of custody and parent-time standards -- Mandatory parenting course. (1)Except as otherwise provided in Subsection (2), a judicial proceeding to adjudicate parentage may be joined with a proceeding for adoption, termination of parental rights, child custody or visitation, child support, divorce, annulment, legal separation or separate maintenance, probate or administration of an estate, or other appropriate proceeding. (2)A respondent may not join a proceeding described in Subsection (1) with a proceeding to adjudicate parentage brought under Title 78B, Chapter 14, Utah Uniform Interstate Family Support Act. (3)A court may rely on Title 30, Chapter 3, Divorce, in determining issues related to custody or parent-time. (4) (a) If a parentage action is determining issues of custody or parent-time for a child and the parents of the child are not married, the parties shall attend the mandatory parenting course described in Subsection 30-3-11.3(1)(b) within: (i) for the petitioner, 60 days after the day on which the petition is filed; and (ii) for the respondent, 30 days after the day on which the respondent is served. (b) The clerk of the court shall provide notice to a petitioner that the petitioner is required to attend the parenting course. (c) A petition shall include information regarding the parenting course when the petition is served on the respondent. (d) The court may not grant a final custody or parent-time order in a parentage action until: (i) both parties have attended the parenting course; and (ii) both parties have presented a certificate of course completion to the court. (5) For a party that is unable to pay the costs of the parenting course, and before the court enters an order for custody or parent-time in the parentage action, the court shall: (a) make a final determination of indigency; and (b) order the party to pay the costs of the parenting course if the court determines the party is not indigent. (6) (a) Notwithstanding Subsection (4), the court may waive the requirement that the parties attend the parenting course, on the court's own motion or on the motion of one of the parties, if the court determines course attendance and completion are not necessary, appropriate, or feasible, or in the best interest of the parties. (b) If the requirement is waived, the court may proceed with entering a final custody or parent-time order.

Section 11. Effective date. This bill takes effect on May 1, 2024.