30-3-10.3 - Terms of joint legal or physical custody order. - Utah Statutes

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 jointphysical 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 thecourt.
(2) An order of joint legal or physical custody shall provide terms the court determinesappropriate, 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, andwelfare of the child, and where possible, confer before making decisions concerning any of theseareas;
(c) the rights and duties of each parent regarding the child's present and future physicalcare, support, and education;
(d) provisions to minimize disruption of the child's attendance at school and otheractivities, his daily routine, and his association with friends; and
(e) as necessary, the remaining parental rights, privileges, duties, and powers to beexercised by the parents solely, concurrently, or jointly.
(3) The court shall, where possible, include in the order the terms of the parenting planprovided in accordance with Section 30-3-10.8.
(4) Any parental rights not specifically addressed by the court order may be exercised bythe parent having physical custody of the child the majority of the time.
(5) The appointment of joint legal custodians does not impair or limit the authority of thecourt to order support of the child, including payments by one custodian to the other.
(6) An order of joint legal custody, in itself, is not grounds for modifying a support order.
(7) An order of joint legal or physical custody shall require a parenting planincorporating a dispute resolution procedure the parties agree to use before seeking enforcementor modification of the terms and conditions of the order of joint legal or physical custody throughlitigation, except in emergency situations requiring ex parte orders to protect the child.

Amended by Chapter 179, 2009 General Session