§ 30-3-10.3. Terms of joint legal or physical custody order.
Latest version.
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(1) Unless the court orders otherwise, before a final order of joint legal custody or joint physical custody is entered both parties shall attend the mandatory course for divorcing parents, as provided in Section 30-3-11.3, and present a certificate of completion from the course to the court. (3) The court shall, where possible, include in the order the terms of the parenting plan provided in accordance with Section 30-3-10.8. (4) Any parental rights not specifically addressed by the court order may be exercised by the parent having physical custody of the child the majority of the time. (5) The appointment of joint legal or physical custodians does not impair or limit the authority of the court to order support of the child, including payments by one custodian to the other. (6) An order of joint legal custody, in itself, is not grounds for modifying a support order. (7) An order of joint legal or physical custody shall require a parenting plan incorporating a dispute resolution procedure the parties agree to use: (a) in accordance with Section 30-3-10.9, or as ordered by the court in accordance with Subsection 30-3-10.2(5); and (b) before seeking enforcement or modification of the terms and conditions of the order of joint legal or physical custody through litigation, except in emergency situations requiring ex parte orders to protect the child.
Amended by Chapter 271, 2012 General Session