81-9-206. Determination of parent-time schedule -- Parent-time factors.

806 words·~4 min read·/ut/title-81/chapter-9/81-9-206

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

Effective 5/6/2026

(1)If the parties are unable to agree on a parent-time schedule, the court may:

(a)establish a parent-time schedule; or

(b)order a parent-time schedule described in Part 3, Parent-time Schedules.

(2)There is a presumption that the advisory guidelines described in Section 81-9-202 and the parent-time schedules described in Part 3, Parent-time Schedules, are the minimum parent-time to which the noncustodial parent and the minor child are entitled.

(3)In accordance with Section 81-9-104 , when ordering a parent-time schedule a court shall consider:

(a)evidence of domestic violence, physical abuse, or sexual abuse involving the minor child, a parent, or a household member of the parent; and

(b)whether parent-time is likely to endanger the minor child's health or physical or psychological safety.

(4)A court may consider the following when ordering a parent-time schedule:

(a)evidence of coercive control;

(b)evidence of psychological maltreatment;

(c)the distance between the residency of the minor child and the noncustodial parent;

(d)the lack of demonstrated parenting skills without safeguards to ensure the minor child's well-being during parent-time;

(e)the financial inability of the noncustodial parent to provide adequate food and shelter for the minor child during periods of parent-time;

(f)the preference of the minor child if the court determines the minor child is of sufficient maturity;

(g)the incarceration of the noncustodial parent in a county jail, secure youth corrections facility, or an adult corrections facility;

(h)shared interests between the minor child and the noncustodial parent;

(i)the involvement or lack of involvement of the noncustodial parent in the school, community, religious, or other related activities of the minor child;

(j)the availability of the noncustodial parent to care for the minor child when the custodial parent is unavailable to do so because of work or other circumstances;

(k)a substantial and chronic pattern of missing, canceling, or denying regularly scheduled parent-time;

(l)the minimal duration of and lack of significant bonding in the parents' relationship before the conception of the minor child;

(m)the parent-time schedule of siblings;

(n)the lack of reasonable alternatives to the needs of a nursing minor child; and

(o)any other criteria the court determines relevant to the best interests of the minor child.

(5)The court shall enter the reasons underlying the court's order for parent-time that:

(a)incorporates a parent-time schedule described in Section 81-9-302 or 81-9-304 ; or

(b)provides more or less parent-time than a parent-time schedule described in Section 81-9-302 or 81-9-304 .

(6)A court may not order a parent-time schedule unless the court determines by a preponderance of the evidence that the parent-time schedule is in the best interest of the minor child.

(a)If the court orders parent-time and a protective order or stalking injunction is still in place, the court shall consider whether to order the parents to conduct parent-time pick-up and transfer through a third party.

(b)The parent who is the stated victim in the protective order or stalking injunction may submit to the court, and the court shall consider, the name of a person considered suitable to act as the third party.

(c)If the court orders the parents to conduct parent-time through a third party, the parenting plan shall specify the time, day, place, manner, and the third party to be used to implement the exchange.

(8)If there is a protective order, stalking injunction, or the court finds that a parent has committed domestic violence, the court shall:

(a)consider the impact of domestic violence in awarding parent-time; and

(b)make specific findings regarding the award of parent-time.

(9)Upon a specific finding by the court of the need for peace officer enforcement, the court may include a provision in an order for parent-time that authorizes a peace officer to enforce the order for parent-time.

(10)When parent-time has not taken place for an extended period of time and the minor child lacks an appropriate bond with the noncustodial parent, both parents shall:

(a)consider the possible adverse effects upon the minor child; and

(b)gradually reintroduce an appropriate parent-time plan for the noncustodial parent.

(11)If a court enters an order establishing a parent-time schedule for a minor child:

(a)the court order governs the parent-time schedule for the minor child; and

(b)an amendment to this chapter does not modify the parent-time schedule unless the court orders otherwise.

(12)Once a parent-time schedule has been established for a minor child, the parties may only modify the parent-time schedule if:

(a)there is mutual consent of the parties to the modification that is in writing and signed by both parties; or

(b)the court modifies the parent-time schedule in a new order.

Amended by Chapter 155 , 2026 General Session