Section 30-3-34 - Parent-time - Best interests Rebuttable - presumption(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 Section 30-3-35, 30-3-35.1, 30-3-35.2, or 30-3-35.5.(2) The advisory guidelines as provided in Section 30-3-33 and the parent-time schedule as provided in Sections 30-3-35 and 30-3-35.5 shall be considered the minimum parent-time to which the noncustodial parent and the child shall be entitled.(3) In accordance with Section 30-3-41, when ordering a parent-time schedule a court shall consider: (a) evidence of domestic violence, physical abuse, or sexual abuse involving the child, a parent, or a household member of the parent; and(b) whether parent-time would endanger the child's health or physical or psychological safety.(4) A court may consider the following when ordering a parent-time schedule: (a) evidence of psychological maltreatment;(b) the distance between the residency of the child and the noncustodial parent; (c) the lack of demonstrated parenting skills without safeguards to ensure the child's well-being during parent-time;(d) the financial inability of the noncustodial parent to provide adequate food and shelter for the child during periods of parent-time;(e) the preference of the child if the court determines the child is of sufficient maturity;(f) the incarceration of the noncustodial parent in a county jail, secure youth corrections facility, or an adult corrections facility;(g) shared interests between the child and the noncustodial parent;(h) the involvement or lack of involvement of the noncustodial parent in the school, community, religious, or other related activities of the child;(i) the availability of the noncustodial parent to care for the child when the custodial parent is unavailable to do so because of work or other circumstances;(j) a substantial and chronic pattern of missing, canceling, or denying regularly scheduled parent-time;(k) the minimal duration of and lack of significant bonding in the parents' relationship before the conception of the child;(l) the parent-time schedule of siblings;(m) the lack of reasonable alternatives to the needs of a nursing child; and(n) any other criteria the court determines relevant to the best interests of the child.(5) The court shall enter the reasons underlying the court's order for parent-time that: (a) incorporates a parent-time schedule provided in Section 30-3-35 or 30-3-35.5; or(b) provides more or less parent-time than a parent-time schedule provided in Section 30-3-35 or 30-3-35.5.(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 child.(7) Once the parent-time schedule has been established, the parties may not alter the schedule except by mutual consent of the parties or a court order. The following section is affected by a coordination clause at the end of this bill.
Amended by Chapter TBD, 2024 General Session ,§ 4, eff. 5/1/2024.Amended by Chapter 399, 2021 General Session ,§ 1, eff. 5/5/2021.Amended by Chapter 188, 2019 General Session ,§ 5, eff. 5/14/2019.Amended by Chapter 18, 2015 General Session ,§ 1, eff. 5/12/2015.Amended by Chapter 146, 2008 General Session