30-5a-103 - Custody and visitation for persons other than a parent. - Utah Statutes

30-5a-103. Custody and visitation for persons other than a parent.
(1) In accordance with Section 62A-4a-201, it is the public policy of this state thatparents retain the fundamental right and duty to exercise primary control over the care,supervision, upbringing, and education of their children. There is a rebuttable presumption that aparent's decisions are in the child's best interests.
(2) A court may find the presumption in Subsection (1) rebutted and grant custodial orvisitation rights to a person other than a parent who, by clear and convincing evidence, hasestablished all of the following:
(a) the person has intentionally assumed the role and obligations of a parent;
(b) the person and the child have formed an emotional bond and created a parent-childtype relationship;
(c) the person contributed emotionally or financially to the child's well being;
(d) assumption of the parental role is not the result of a financially compensatedsurrogate care arrangement;
(e) continuation of the relationship between the person and the child would be in thechild's best interests;
(f) loss or cessation of the relationship between the person and the child would bedetrimental to the child; and
(g) the parent:
(i) is absent; or
(ii) is found by a court to have abused or neglected the child.
(3) A proceeding under this chapter may be commenced by filing a verified petition, orpetition supported by an affidavit, in the juvenile court if a matter is pending, or in the districtcourt in the county in which the child:
(a) currently resides; or
(b) lived with a parent or a person other than a parent who acted as a parent within sixmonths before the commencement of the action.
(4) A proceeding under this chapter may be filed in a pending divorce, parentage action,or other proceeding, including a proceeding in the juvenile court, involving custody of orvisitation with a child.
(5) The petition shall include detailed facts supporting the petitioner's right to file thepetition including the criteria set forth in Subsection (2) and residency information as set forth inSection 78B-13-209.
(6) A proceeding under this chapter may not be filed against a parent who is activelyserving outside the state in any branch of the military.
(7) Notice of a petition filed pursuant to this chapter shall be served in accordance withthe rules of civil procedure on all of the following:
(a) the child's biological, adopted, presumed, declarant, and adjudicated parents;
(b) any person who has court-ordered custody or visitation rights;
(c) the child's guardian;
(d) the guardian ad litem, if one has been appointed;
(e) a person or agency that has physical custody of the child or that claims to havecustody or visitation rights; and
(f) any other person or agency that has previously appeared in any action regardingcustody of or visitation with the child.

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(8) The court may order a custody evaluation to be conducted in any action broughtunder this chapter.
(9) The court may enter temporary orders in an action brought under this chapter pendingthe entry of final orders.

Enacted by Chapter 272, 2008 General Session