Rep. Norm Thurston — Voting Record

Bill

Number

S.B. 96 (2016GS)

Sponsor

Sen. Hillyard, L.

Final action

Governor Signed 3/25/2016

Outcome

Became law — signed by Gov. Gary R. Herbert

Summary

What it does

• This bill:
• creates a notification requirement for a deploying parent;
• specifies a custodial responsibility plan;
• determines form and modification of agreements for temporary custody;
• establishes jurisdiction by certain courts; and
• designates certain content for custody and child support orders.

Every vote on this bill

Bill text

This document includes Senate Committee Amendments incorporated into the bill on Fri, Feb 12, 2016 at 10:42 AM by lpoole.
This document includes Senate 2nd Reading Floor Amendments incorporated into the bill on Fri, Feb 26, 2016 at 4:03 PM by lpoole.
This document includes House Committee Amendments incorporated into the bill on Tue, Mar 8, 2016 at 1:12 PM by bbryner.
UNIFORM DEPLOYED PARENTS CUSTODY AND
PARENT-TIME ACT
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Lyle W. Hillyard
House Sponsor: 
 V. Lowry Snow
LONG TITLE
General Description:
This bill creates a uniform law governing a deploying parent, child custody, and
parent-time requirements.
Highlighted Provisions:
This bill:
▸ creates a notification requirement for a deploying parent;
▸ specifies a custodial responsibility plan;
▸ determines form and modification of agreements for temporary custody;
▸ establishes jurisdiction by certain courts; and
▸ designates certain content for custody and child support orders.
Money Appropriated in this Bill:
None
Other Special Clauses:
Ĥ→ [
None
] 
This bill has a special effective date.
 ←Ĥ
Utah Code Sections Affected:
ENACTS:
78B-20-101
, Utah Code Annotated 1953
78B-20-102
, Utah Code Annotated 1953
78B-20-103
, Utah Code Annotated 1953
78B-20-104
, Utah Code Annotated 1953
78B-20-105
, Utah Code Annotated 1953
78B-20-106
, Utah Code Annotated 1953
78B-20-107
, Utah Code Annotated 1953
78B-20-201
, Utah Code Annotated 1953
78B-20-202
, Utah Code Annotated 1953
78B-20-203
, Utah Code Annotated 1953
78B-20-204
, Utah Code Annotated 1953
78B-20-205
, Utah Code Annotated 1953
78B-20-301
, Utah Code Annotated 1953
78B-20-302
, Utah Code Annotated 1953
78B-20-303
, Utah Code Annotated 1953
78B-20-304
, Utah Code Annotated 1953
78B-20-305
, Utah Code Annotated 1953
78B-20-306
, Utah Code Annotated 1953
78B-20-307
, Utah Code Annotated 1953
78B-20-308
, Utah Code Annotated 1953
78B-20-309
, Utah Code Annotated 1953
78B-20-310
, Utah Code Annotated 1953
78B-20-311
, Utah Code Annotated 1953
78B-20-401
, Utah Code Annotated 1953
78B-20-402
, Utah Code Annotated 1953
78B-20-403
, Utah Code Annotated 1953
78B-20-404
, Utah Code Annotated 1953
78B-20-501
, Utah Code Annotated 1953
78B-20-502
, Utah Code Annotated 1953
78B-20-503
, Utah Code Annotated 1953
REPEALS:
30-3-40
, as last amended by Laws of Utah 2010, Chapter 218
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
78B-20-101
 is enacted to read:
CHAPTER 20. UNIFORM DEPLOYED PARENTS CUSTODY,
PARENT-TIME, AND VISITATION ACT
Part 1. General Provisions
 78B-20-101.
Title.
This chapter is known as the "Uniform Deployed Parents Custody, Parent-Time, and
Visitation Act."
Section 2. Section 
78B-20-102
 is enacted to read:
 78B-20-102.
Definitions.
As used in this chapter:
(1) "Adult" means an individual who has attained 18 years of age or is an emancipated
minor.
(2) "Caretaking authority" means the right to live with and care for a child on a
day-to-day basis. The term includes physical custody, parent-time, right to access, and
visitation.
(3) "Child" means:
(a) an unemancipated individual who has not attained 18 years of age; or
(b) an adult son or daughter by birth or adoption, or under law of this state other than
this chapter, who is the subject of a court order concerning custodial responsibility.
(4) "Court" means a tribunal, including an administrative agency, authorized under the
law of this state other than this chapter to make, enforce, or modify a decision regarding
custodial responsibility.
(5) "Custodial responsibility" includes all powers and duties relating to caretaking
authority and decision-making authority for a child. The term includes physical custody, legal
custody, parent-time, right to access, visitation, and authority to grant limited contact with a
child.
(6) "Decision-making authority" means the power to make important decisions
regarding a child, including decisions regarding the child's education, religious training, health
care, extracurricular activities, and travel. The term does not include the power to make
decisions that necessarily accompany a grant of caretaking authority.
(7) "Deploying parent" means a servicemember who is deployed or has been notified of
impending deployment and is:
(a) a parent of a child under the law of this state other than this chapter; or
(b) an individual who has custodial responsibility for a child under the law of this state
other than this chapter.
(8) "Deployment" means the movement or mobilization of a servicemember for more
than 90 days but less than 18 months pursuant to uniformed service orders that:
(a) are designated as unaccompanied;
(b) do not authorize dependent travel; or
(c) otherwise do not permit the movement of family members to the location to which
the servicemember is deployed.
(9) "Family member" means a sibling, aunt, uncle, cousin, stepparent, or grandparent
of a child, or an individual recognized to be in a familial relationship with a child under the law
of this state other than this chapter.
(10) "Limited contact" means the authority of a nonparent to visit a child for a limited
time. The term includes authority to take the child to a place other than the residence of the
child.
(11) "Nonparent" means an individual other than a deploying parent or other parent.
(12) "Other parent" means an individual who, in common with a deploying parent, is:
(a) a parent of a child under the law of this state other than this chapter; or
(b) an individual who has custodial responsibility for a child under the law of this state
other than this chapter.
(13) "Record" means information that is inscribed on a tangible medium or that is
stored in an electronic or other medium and is retrievable in perceivable form.
(14) "Return from deployment" means the conclusion of a servicemember's
deployment as specified in uniformed service orders.
(15) "Servicemember" means a member of a uniformed service.
(16) "Sign" means, with present intent to authenticate or adopt a record:
(a) to execute or adopt a tangible symbol; or
(b) to attach to or logically associate with the record an electronic symbol, sound, or
process.
(17) "State" means a state of the United States, the District of Columbia, Puerto Rico,
the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction
of the United States.
(18) "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.
Section 3. Section 
78B-20-103
 is enacted to read:
 78B-20-103.
Remedies for noncompliance.
In addition to other remedies under the law of this state other than this chapter, if a
court finds that a party to a proceeding under this chapter has acted in bad faith or intentionally
failed to comply with this chapter or a court order issued under this chapter, the court may
assess reasonable attorney fees and costs against the party and order other appropriate relief.
Section 4. Section 
78B-20-104
 is enacted to read:
 78B-20-104.
Jurisdiction.
(1) A court may issue an order regarding custodial responsibility under this chapter
only if the court has jurisdiction under Title 78B, Chapter 13, Utah Uniform Child Custody
Jurisdiction and Enforcement Act.
(2) If a court has issued a temporary order regarding custodial responsibility pursuant
to Part 3, Judicial Procedure for Granting Custodial Responsibility During Deployment, the
residence of the deploying parent is not changed by reason of the deployment for the purposes
of Title 78B, Chapter 13, Utah Uniform Child Custody Jurisdiction and Enforcement Act,
during the deployment.
(3) If a court has issued a permanent order regarding custodial responsibility before
notice of deployment and the parents modify that order temporarily by agreement pursuant to
Part 2, Agreement Addressing Custodial Responsibility During Deployment, the residence of
the deploying parent is not changed by reason of the deployment for the purposes of Title 78B,
Chapter 13, Utah Uniform Child Custody Jurisdiction and Enforcement Act.
(4) If a court in another state has issued a temporary order regarding custodial
responsibility as a result of impending or current deployment, the residence of the deploying
parent is not changed by reason of the deployment for the purposes of Title 78B, Chapter 13,
Utah Uniform Child Custody Jurisdiction and Enforcement Act.
(5) This section does not prevent a court from exercising temporary emergency
jurisdiction under Title 78B, Chapter 13, Utah Uniform Child Custody Jurisdiction and
Enforcement Act.
Section 5. Section 
78B-20-105
 is enacted to read:
 78B-20-105.
Notification required of deploying parent.
(1) Except as otherwise provided in Subsection (4) and subject to Subsection (3), a
deploying parent shall in a record notify the other parent of a pending deployment not later than
seven days after receiving notice of deployment unless reasonably prevented from doing so by
the circumstances of service. If the circumstances of service prevent giving notification within
the seven days, the deploying parent shall give the notification as soon as reasonably possible.
(2) Except as otherwise provided in Subsection (4) and subject to Subsection (3), each
parent shall in a record provide the other parent with a plan for fulfilling that parent's share of
custodial responsibility during deployment. Each parent shall provide the plan as soon as
reasonably possible after notification of deployment is given under Subsection (1).
(3) If a court order currently in effect prohibits disclosure of the address or contact
information of the other parent, notification of deployment under Subsection (1), or notification
of a plan for custodial responsibility during deployment under Subsection (2), may be made
only to the issuing court. If the address of the other parent is available to the issuing court, the
court shall forward the notification to the other parent. The court shall keep confidential the
address or contact information of the other parent.
(4) Notification in a record under Subsection (1) or (2) is not required if the parents are
living in the same residence and both parents have actual notice of the deployment or plan.
(5) In a proceeding regarding custodial responsibility, a court may consider the
reasonableness of a parent's efforts to comply with this section.
Section 6. Section 
78B-20-106
 is enacted to read:
 78B-20-106.
Duty to notify of change of address.
(1) Except as otherwise provided in Subsection (2), an individual to whom custodial
responsibility has been granted during deployment pursuant to Part 2, Agreement Addressing
Custodial Responsibility During Deployment, or Part 3, Judicial Procedure for Granting
Custodial Responsibility During Deployment, shall notify the deploying parent and any other
individual with custodial responsibility of a child of any change of the individual's mailing
address or residence until the grant is terminated. The individual shall provide notice to any
court that has issued a custody or child support order concerning the child, which is in effect.
(2) If a court order currently in effect prohibits disclosure of the address or contact
information of an individual to whom custodial responsibility has been granted, a notification
under Subsection (1) may be made only to the court that issued the order. The court shall keep
confidential the mailing address or residence of the individual to whom custodial responsibility
has been granted.
Section 7. Section 
78B-20-107
 is enacted to read:
 78B-20-107.
General consideration in custody proceeding of parent's military
service.
In a proceeding for custodial responsibility of a child of a servicemember, a court may
not consider a parent's past deployment or possible future deployment in itself in determining
the best interest of the child but may consider any significant impact on the best interest of the
child of the parent's past or possible future deployment.
Section 8. Section 
78B-20-201
 is enacted to read:
Part 2. Agreement Addressing Custodial Responsibility During Deployment
 78B-20-201.
Form of agreement.
(1) The parents of a child may enter into a temporary agreement under this part
granting custodial responsibility during deployment.
(2) An agreement under Subsection (1) shall be:
(a) in writing; and
(b) signed by both parents and any nonparent to whom custodial responsibility is
granted.
(3) Subject to Subsection (4), an agreement under Subsection (1), if feasible, shall:
(a) identify the destination, duration, and conditions of the deployment that is the basis
for the agreement;
(b) specify the allocation of caretaking authority among the deploying parent, the other
parent, and any nonparent;
(c) specify any decision-making authority that accompanies a grant of caretaking
authority;
(d) specify any grant of limited contact to a nonparent;
(e) if under the agreement custodial responsibility is shared by the other parent and a
nonparent, or by other nonparents, provide a process to resolve any dispute that may arise;
(f) specify the frequency, duration, and means, including electronic means, by which
the deploying parent will have contact with the child, any role to be played by the other parent
in facilitating the contact, and the allocation of any costs of contact;
(g) specify the contact between the deploying parent and child during the time the
deploying parent is on leave or is otherwise available;
(h) acknowledge that any party's child-support obligation cannot be modified by the
agreement, and that changing the terms of the obligation during deployment requires
modification in the appropriate court;
(i) provide that the agreement will terminate according to the procedures under Part 4,
Return from Deployment, after the deploying parent returns from deployment; and
(j) if the agreement is required to be filed pursuant to Section 
78B-20-205
, specify
which parent is required to file the agreement.
(4) The omission of any of the items specified in Subsection (3) does not invalidate an
agreement under this section.
Section 9. Section 
78B-20-202
 is enacted to read:
 78B-20-202.
Nature of authority created by agreement.
(1) An agreement under this part is temporary and terminates pursuant to Part 4, Return
from Deployment, after the deploying parent returns from deployment, unless the agreement
has been terminated before that time by court order or modification under Section 
78B-2-203
. 
The agreement may not create an independent, continuing right to caretaking authority,
decision-making authority, or limited contact in an individual to whom custodial responsibility
is given.
(2) A nonparent who has caretaking authority, decision-making authority, or limited
contact by an agreement under this part has standing to enforce the agreement until it has been
terminated by court order, by modification under Section 
78B-20-203
, or under Part 4, Return
from Deployment.
Section 10. Section 
78B-20-203
 is enacted to read:
 78B-20-203.
Modification of agreement.
(1) By mutual consent, the parents of a child may modify an agreement regarding
custodial responsibility made pursuant to this part.
(2) If an agreement is modified under Subsection (1) before deployment of a deploying
parent, the modification shall be in writing and signed by both parents and any nonparent who
will exercise custodial responsibility under the modified agreement.
(3) If an agreement is modified under Subsection (1) during deployment of a deployed
parent, the modification shall be agreed to in a record by both parents and any nonparent who
will exercise custodial responsibility under the modified agreement.
Section 11. Section 
78B-20-204
 is enacted to read:
 78B-20-204.
Power of attorney.
A deploying parent, by power of attorney, may delegate all or part of custodial
responsibility to an adult nonparent for the period of deployment if no other parent possesses
custodial responsibility under the law of this state other than this chapter or if a court order
currently in effect prohibits contact between the child and the other parent. The deploying
parent may revoke the power of attorney by signing a revocation of the power.
Section 12. Section 
78B-20-205
 is enacted to read:
 78B-20-205.
Filing agreement or power of attorney with court.
An agreement or power of attorney under this part shall be filed within a reasonable
time with any court that has entered an order on custodial responsibility or child support that is
in effect concerning the child who is the subject of the agreement or power. The case number
and heading of the pending case concerning custodial responsibility or child support shall be
provided to the court with the agreement or power.
Section 13. Section 
78B-20-301
 is enacted to read:
Part 3. Judicial Procedure for Granting Custodial Responsibility During Deployment
 78B-20-301.
Definition.
In this part, "close and substantial relationship" means a relationship in which a
significant bond exists between a child and a nonparent.
Section 14. Section 
78B-20-302
 is enacted to read:
 78B-20-302.
Proceeding for temporary custody -- Order.
(1) After a deploying parent receives notice of deployment and until the deployment
terminates, a court may issue a temporary order granting custodial responsibility unless
prohibited by Section 
39-7-105
 and the Servicemembers Civil Relief Act, 50 U.S.C. Appendix
Sections 521 and 522. A court may not issue a permanent order granting custodial
responsibility without the consent of the deploying parent.
(2) At any time after a deploying parent receives notice of deployment, either parent
may file a motion regarding custodial responsibility of a child during deployment. The motion
shall be filed in a pending proceeding for custodial responsibility in a court with jurisdiction
under Section 
78B-20-104
 or, if there is no pending proceeding in a court with jurisdiction
under Section 
78B-20-104
, in a new action for granting custodial responsibility during
deployment.
Section 15. Section 
78B-20-303
 is enacted to read:
 78B-20-303.
Expedited hearing.
If a motion to grant custodial responsibility is filed under Subsection 
78B-20-302
(2)
before a deploying parent deploys, the court shall conduct an expedited hearing.
Section 16. Section 
78B-20-304
 is enacted to read:
 78B-20-304.
Testimony by electronic means.
In a proceeding under this part, a party or witness who is not reasonably available to
appear personally may appear, provide testimony, and present evidence by electronic means
unless the court finds good cause to require a personal appearance.
Section 17. Section 
78B-20-305
 is enacted to read:
 78B-20-305.
Effect of prior judicial order or agreement.
In a proceeding for a grant of custodial responsibility pursuant to this part, the
following rules apply:
(1) a prior judicial order designating custodial responsibility in the event of deployment
is binding on the court unless the circumstances meet the requirements of the law of this state
other than this chapter for modifying a judicial order regarding custodial responsibility; and
(2) the court shall enforce a prior written agreement between the parents for
designating custodial responsibility in the event of deployment, including an agreement
executed under Part 2, Agreement Addressing Custodial Responsibility During Deployment,
unless the court finds that the agreement is contrary to the best interest of the child.
Section 18. Section 
78B-20-306
 is enacted to read:
 78B-20-306.
Grant of caretaking or decision-making authority to nonparent.
(1) On motion of a deploying parent and in accordance with the law of this state other
than this chapter, if it is in the best interest of the child a court may grant caretaking authority
to a nonparent who is an adult family member of the child
Ŝ→ [
or an adult
] ←Ŝ
with whom the
311a 
child has
a close and substantial relationship.
(2) Unless a grant of caretaking authority to a nonparent under Subsection (1) is agreed
to by the other parent, the grant is limited to an amount of time not greater than:
(a) the amount of time granted to the deploying parent under a permanent custody
order, but the court may add unusual travel time necessary to transport the child; or
(b) in the absence of a permanent custody order that is currently in effect, the amount
of time that the deploying parent habitually cared for the child before being notified of
deployment, but the court may add unusual travel time necessary to transport the child.
(3) A court may grant part of a deploying parent's decision-making authority, if the
deploying parent is unable to exercise that authority, to a nonparent who is an adult family
member of the child
Ŝ→ [
or an adult
] ←Ŝ
with whom the child has a close and substantial
322a 
relationship.
If a court grants the authority to a nonparent, the court shall specify the decision-making
powers granted, including decisions regarding the child's education, religious training, health
care, extracurricular activities, and travel.
Section 19. Section 
78B-20-307
 is enacted to read:
 78B-20-307.
Grant of limited contact.
On motion of a deploying parent, and in accordance with the law of this state other than
this chapter, unless the court finds that the contact would be contrary to the best interest of the
child, a court shall grant limited contact to a nonparent who is a family member of the child or
an individual with whom the child has a close and substantial relationship.
Section 20. Section 
78B-20-308
 is enacted to read:
 78B-20-308.
Nature of authority created by temporary custody order.
(1) A grant of authority under this part is temporary and terminates under Part 4,
Return from Deployment, after the return from deployment of the deploying parent, unless the
grant has been terminated before that time by court order. The grant may not create an
independent, continuing right to caretaking authority, decision-making authority, or limited
contact in an individual to whom it is granted.
(2) A nonparent granted caretaking authority, decision-making authority, or limited
contact under this part has standing to enforce the grant until it is terminated by court order or
under Part 4, Return from Deployment.
Section 21. Section 
78B-20-309
 is enacted to read:
 78B-20-309.
Content of temporary custody order.
(1) An order granting custodial responsibility under this part shall:
(a) designate the order as temporary; and
(b) identify to the extent feasible the destination, duration, and conditions of the
deployment.
(2) If applicable, an order for custodial responsibility under this part shall:
(a) specify the allocation of caretaking authority, decision-making authority, or limited
contact among the deploying parent, the other parent, and any nonparent;
(b) if the order divides caretaking or decision-making authority between individuals, or
grants caretaking authority to one individual and limited contact to another, provide a process
to resolve any dispute that may arise;
(c) provide for liberal communication between the deploying parent and the child
during deployment, including through electronic means, unless contrary to the best interest of
the child, and allocate any costs of communications;
(d) provide for liberal contact between the deploying parent and the child during the
time the deploying parent is on leave or otherwise available, unless contrary to the best interest
of the child;
(e) provide for reasonable contact between the deploying parent and the child after
return from deployment until the temporary order is terminated, even if the time of contact
exceeds the time the deploying parent spent with the child before entry of the temporary order;
and
(f) provide that the order will terminate pursuant to Part 4, Return from Deployment,
after the deploying parent returns from deployment.
Section 22. Section 
78B-20-310
 is enacted to read:
 78B-20-310.
Order for child support.
If a court has issued an order granting caretaking authority under this part, or an
agreement granting caretaking authority has been executed under Part 2, Agreement
Addressing Custodial Responsibility During Deployment, the court may enter a temporary
order for child support consistent with the law of this state other than this chapter if the court
has jurisdiction under Title 78B, Chapter 14, Utah Uniform Interstate Family Support Act.
Section 23. Section 
78B-20-311
 is enacted to read:
 78B-20-311.
Modifying or terminating grant of custodial responsibility to
nonparent.
(1) Except for an order under Section 
78B-20-305
, except as otherwise provided in
Subsection (2), and consistent with Section 
39-7-105
 and the Servicemembers Civil Relief Act,
U.S.C. Appendix Sections 521 and 522, on motion of a deploying parent, other parent, or
any nonparent to whom caretaking authority, decision-making authority, or limited contact has
been granted, the court may modify or terminate the grant if the modification or termination is
consistent with this part and it is in the best interest of the child. A modification is temporary
and terminates pursuant to Part 4, Return from Deployment, after the deploying parent returns
from deployment, unless the grant has been terminated before that time by court order.
(2) On motion of a deploying parent, the court shall terminate a grant of limited
contact.
Section 24. Section 
78B-20-401
 is enacted to read:
Part 4. Return from Deployment
 78B-20-401.
Procedure for terminating temporary grant of custodial
responsibility established by agreement.
(1) At any time after return from deployment, a temporary agreement granting
custodial responsibility under Part 2, Agreement Addressing Custodial Responsibility During
Deployment, may be terminated by an agreement to terminate signed by the deploying parent
and the other parent.
(2) A temporary agreement under Part 2, Agreement Addressing Custodial
Responsibility During Deployment, granting custodial responsibility terminates:
(a) if an agreement to terminate under Subsection (1) specifies a date for termination,
on that date; or
(b) if the agreement to terminate does not specify a date, on the date the agreement to
terminate is signed by the deploying parent and the other parent.
(3) In the absence of an agreement under Subsection (1) to terminate, a temporary
agreement granting custodial responsibility terminates under Part 2, Agreement Addressing
Custodial Responsibility During Deployment, 60 days after the deploying parent gives notice to
the other parent that the deploying parent returned from deployment.
(4) If a temporary agreement granting custodial responsibility was filed with a court
pursuant to Section 
78B-20-205
, an agreement to terminate the temporary agreement shall also
be filed with that court within a reasonable time after the signing of the agreement. The case
number and heading of the case concerning custodial responsibility or child support shall be
provided to the court with the agreement to terminate.
Section 25. Section 
78B-20-402
 is enacted to read:
 78B-20-402.
Consent procedure for terminating temporary grant of custodial
responsibility established by court order.
At any time after a deploying parent returns from deployment, the deploying parent and
the other parent may file with the court an agreement to terminate a temporary order for
custodial responsibility issued under Part 3, Judicial Procedure for Granting Custodial
Responsibility During Deployment. After an agreement has been filed, the court shall issue an
order terminating the temporary order effective on the date specified in the agreement. If a date
is not specified, the order is effective immediately.
Section 26. Section 
78B-20-403
 is enacted to read:
 78B-20-403.
Visitation before termination of temporary grant of custodial
responsibility.
After a deploying parent returns from deployment until a temporary agreement or order
for custodial responsibility established under Part 2, Agreement Addressing Custodial
Responsibility During Deployment, or Part 3, Judicial Procedure for Granting Custodial
Responsibility During Deployment, is terminated, the court shall issue a temporary order
granting the deploying parent reasonable contact with the child unless it is contrary to the best
interest of the child, even if the time of contact exceeds the time the deploying parent spent
with the child before deployment.
Section 27. Section 
78B-20-404
 is enacted to read:
 78B-20-404.
Termination by operation of law of temporary grant of custodial
responsibility established by court order.
(1) If an agreement between the parties to terminate a temporary order for custodial
responsibility under Part 3, Judicial Procedure for Granting Custodial Responsibility During
Deployment, has not been filed, the order terminates 60 days after the deploying parent gives
notice to the other parent and any nonparent granted custodial responsibility that the deploying
parent has returned from deployment.
(2) A proceeding seeking to prevent termination of a temporary order for custodial
responsibility is governed by the law of this state other than this chapter.
Section 28. Section 
78B-20-501
 is enacted to read:
Part 5. Miscellaneous Provisions
 78B-20-501.
Uniformity of application and construction.
In applying and construing this uniform act, consideration shall be given to the need to
promote uniformity of the law with respect to its subject matter among states that enact it.
Section 29. Section 
78B-20-502
 is enacted to read:
 78B-20-502.
Relation to Electronic Signatures in Global and National Commerce
Act.
This chapter modifies, limits, or supersedes the Electronic Signatures in Global and
National Commerce Act, 15 U.S.C. Sec. 7001 et seq., but does not modify, limit, or supersede
Section 101(c) of that act, 15 U.S.C. Sec. 7001(c), or authorize electronic delivery of any of the
notices described in Section 103(b) of that act, 15 U.S.C. Sec. 7003(b).
Section 30. Section 
78B-20-503
 is enacted to read:
 78B-20-503.
Savings clause.
This chapter does not affect the validity of a temporary court order concerning custodial
responsibility during deployment that was entered before May 10, 2016.
Section 31. 
Repealer.
This bill repeals:
Section 
30-3-40
,
Custody and parent-time when one parent is a servicemember.
456a 
 Ĥ→ 
Section 32. Effective date.
456b 
 This bill takes effect July 1, 2017.
 ←Ĥ
Legislative Review Note
Office of Legislative Research and General Counsel