81-9-101. Definitions for chapter.

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A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

Effective 3/23/2026

As used in this chapter:

(1)"Abuse" means the same as that term is defined in Section 80-1-102 .

(a)"Coercive control" means an individual's pattern of behavior that, intentionally or in effect, unreasonably interferes with another individual's ability to make or act on independent decisions.

(b)"Coercive control" includes a pattern of:

(i)isolating another individual from friends, relatives, or sources of support;

(ii)depriving another individual of basic necessities;

(iii)controlling, regulating, or excessively monitoring another individual's movements, communications, daily behavior, or access to services;

(iv)controlling, regulating, excessively monitoring, depriving, or limiting another individual's finances, access to finances, or economic resources;

(v)threatening to harm or kill another individual, a relative of the individual, or a household animal that is owned or kept by the individual;

(vi)threatening self-harm if another individual does not comply with the individual's demands;

(vii)threatening to publish information with the intent to harass or intimidate another individual;

(viii)damaging property or household goods; or

(ix)compelling another individual by force, threat of force, or intimidation to:

(A)engage in conduct from which the other individual has a right to abstain; or

(B)abstain from conduct in which the other individual has a right to engage.

(c)"Coercive control" does not include reasonable and appropriate parental conduct undertaken in the care of a minor child.

(a)"Custodial responsibility" means all powers and duties relating to caretaking authority and decision-making authority for a minor child.

(b)"Custodial responsibility" includes physical custody, legal custody, parenting time, right to access, parent-time, and authority to grant limited contact with a minor child.

(4)"Domestic violence" means the same as that term is defined in Section 77-36-1 .

(5)"Gender identity" means the same as that term is defined in Section 34A-5-102 .

(6)"Household animal" means the same as that term is defined in Section 78B-7-102 .

(7)"Joint legal custody" means the sharing of the rights, privileges, duties, and powers of a parent by both parents, where specified.

(8)"Joint physical custody" means the minor child stays with each parent overnight for more than 30% of the year and both parents contribute to the expenses of the minor child in addition to paying child support.

(a)"Parenting functions" means those aspects of the parent-child relationship in which the parent makes decisions and performs functions necessary for the care and growth of the minor child.

(b)"Parenting functions" include:

(i)maintaining a loving, stable, consistent, and nurturing relationship with the minor child;

(ii)attending to the daily needs of the minor child, such as feeding, clothing, physical care, grooming, supervision, health care, day care, and engaging in other activities which are appropriate to the developmental level of the minor child and that are within the social and economic circumstances of the particular family;

(iii)attending to adequate education for the minor child, including remedial or other education essential to the best interest of the minor child;

(iv)assisting the minor child in developing and maintaining appropriate interpersonal relationships;

(v)exercising appropriate judgment regarding the minor child's welfare, consistent with the minor child's developmental level and family social and economic circumstances; and

(vi)providing for the financial support of the minor child.

(a)"Parenting plan" means a plan for parenting a minor child.

(b)"Parenting plan" includes the allocation of parenting functions that are incorporated in any final decree or decree of modification including an action for dissolution of marriage, annulment, legal separation, or paternity.

(11)"Protective order" means:

(a)a civil protective order, as that term is defined in Section 78B-7-102 ;

(b)an ex parte civil protective order, as that term is defined in Section 78B-7-102 ; or

(c)a foreign protection order, as that term is defined in Section 78B-7-302 .

(12)"Psychological maltreatment" means a repeated pattern or extreme incident of caretaker behavior that:

(a)intentionally thwarts a minor child's basic psychological needs, including physical and psychological safety, cognitive stimulation, and respect;

(b)conveys that a minor child is worthless, defective, or expendable; and

(c)may terrorize a minor child.

(13)"Service member" means a member of a uniformed service.

(14)"Sexual abuse" means the same as that term is defined in Section 80-1-102 .

(15)"Supervised parent-time" means parent-time that requires the noncustodial parent to be accompanied during parent-time by an individual approved by the court.

(16)"Surrogate care" means care by any individual other than the parent of the minor child.

(17)"Uniformed service" means:

(a)active and reserve components of the United States Armed Forces;

(b)the United States Merchant Marine;

(c)the commissioned corps of the United States Public Health Service;

(d)the commissioned corps of the National Oceanic and Atmospheric Administration of the United States; or

(e)the National Guard of a state.

(18)"Uninterrupted time" means parent-time exercised by one parent without interruption at any time by the presence of the other parent.

(19)"Virtual parent-time" means parent-time facilitated by tools such as telephone, email, instant messaging, video conferencing, and other wired or wireless technologies over the internet or other communication media, to supplement in-person visits between a noncustodial parent and a minor child or between a minor child and the custodial parent when the minor child is staying with the noncustodial parent.

Amended by Chapter 309 , 2026 General Session