Section 30-3-10.1 - Definitions - Joint legal custody - Joint physical custodyAs used in this chapter:
(1) "Abuse" means the same as that term is defined in Section 80-1-102.(2)(a) "Custodial responsibility" includes all powers and duties relating to caretaking authority and decision-making authority for a child. (b) "Custodial responsibility" includes physical custody, legal custody, parenting time, right to access, parent-time, and authority to grant limited contact with a child.(3) "Domestic violence" means the same as that term is defined in Section 77-36-1.(4) "Joint legal custody":(a) means the sharing of the rights, privileges, duties, and powers of a parent by both parents, where specified;(b) may include an award of exclusive authority by the court to one parent to make specific decisions;(c) does not affect the physical custody of the child except as specified in the order of joint legal custody;(d) is not based on awarding equal or nearly equal periods of physical custody of and access to the child to each of the parents, as the best interest of the child often requires that a primary physical residence for the child be designated; and(e) does not prohibit the court from specifying one parent as the primary caretaker and one home as the primary residence of the child.(5) "Joint physical custody":(a) means the child stays with each parent overnight for more than 30% of the year, and both parents contribute to the expenses of the child in addition to paying child support;(b) can mean equal or nearly equal periods of physical custody of and access to the child by each of the parents, as required to meet the best interest of the child;(c) may require that a primary physical residence for the child be designated; and(d) does not prohibit the court from specifying one parent as the primary caretaker and one home as the primary residence of the child.(6) "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.(7) "Psychological maltreatment" means a repeated pattern or extreme incident of caretaker behavior that: (a) intentionally thwarts a child's basic psychological needs, including physical and psychological safety, cognitive stimulation, and respect:(b) conveys that a child is worthless, defective, or expendable: and(c) may terrorize a child.(8) " Service member" means a member of a uniformed service.(9) "Sexual abuse" means the same as that term is defined in Section 80-1-102.(10) "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.Amended by Chapter TBD, 2024 General Session ,§ 2, eff. 5/1/2024.Amended by Chapter 44, 2023 General Session ,§ 2, eff. 5/3/2023.Amended by Chapter 224, 2017 General Session ,§ 2, eff. 7/1/2017.Amended by Chapter 269, 2003 General Session.