Full text of Utah Utah Code § 81-11-101 — Definitions for chapter., with citation guidance and answers to common questions.
§ 81-11-101. Definitions for chapter.
Effective 9/1/2025
81-11-101.
Definitions for chapter.
As used in this chapter:
| (1) | "Abandoned" means left without provision for reasonable and necessary care or supervision. |
| (2) |
| (a) | "Child custody determination" means a judgment, decree, or other order of a court providing for the legal custody, physical custody, or parent-time with respect to a minor child. |
| (b) | "Child custody determination" includes a permanent, temporary, initial, and modification order. |
| (c) | "Child custody determination" does not include an order relating to child support or other monetary obligation of an individual. |
|
| (3) |
| (a) | "Child custody proceeding" means a proceeding in which legal custody, physical custody, or parent-time with respect to a minor child is an issue. |
| (b) | "Child custody proceeding" includes a proceeding for divorce, separation, neglect, abuse, dependency, guardianship, paternity, termination of parental rights, and protection from domestic violence, in which the issue may appear. |
| (c) | "Child custody proceeding" does not include a proceeding involving juvenile delinquency, contractual emancipation, or enforcement under Part 3, Enforcement. |
|
| (4) | "Commencement" means the filing of the first pleading in a proceeding. |
| (5) | "Court" means an entity authorized under the law of a state to establish, enforce, or modify a child custody determination. |
| (6) | "Home state" means:
| (a) | if the minor child is six months old or older, the state in which a minor child lived with a parent or a person acting as a parent for at least six consecutive months immediately before the commencement of a child custody proceeding, including any period of temporary absence of the parent or the person acting as a parent during that time period; or |
| (b) | if the minor child is younger than six months old, the state in which the minor child lived from birth with a parent or a person acting as parent, including any period of temporary absence of the parent or the person acting as a parent during that time period. |
|
| (7) | "Initial determination" means the first child custody determination concerning a particular minor child. |
| (8) | "Issuing court" means the court that makes a child custody determination for which enforcement is sought under this chapter. |
| (9) | "Issuing state" means the state in which a child custody determination is made. |
| (10) | "Modification" means a child custody determination that changes, replaces, supersedes, or is otherwise made after a previous determination concerning the same minor child, whether or not it is made by the court that made the previous determination. |
| (11) | "Person" includes government, governmental subdivision, agency, or instrumentality, or any other legal or commercial entity. |
| (12) | "Person acting as a parent" means a person, other than a parent, who:
| (a) | has physical custody of the minor child or has had physical custody for a period of six consecutive months, including any temporary absence, within one year immediately before the commencement of a child custody proceeding; and |
| (b) | has been awarded legal custody by a court or claims a right to legal custody under the law of this state. |
|
| (13) | "Physical custody" means the physical care and supervision of a minor child. |
| (14) | "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. |
| (15) | "Tribe" means an Indian tribe, or band, or Alaskan Native village which is recognized by federal law or formally acknowledged by a state. |
| (16) | "Writ of assistance" means an order issued by a court authorizing law enforcement officers to take physical custody of a minor child. |
Renumbered and Amended by Chapter
426, 2025 General Session
Frequently Asked Questions About Utah § 81-11-101
What does Utah Code § 81-11-101 cover?
Section 81-11-101 ("Definitions for chapter.") is part of the Utah Code, the codified statutory law of Utah. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Utah § 81-11-101?
A common citation format is "Utah Code § 81-11-101" (Utah). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Utah law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Utah official source linked on this page or consult a licensed Utah attorney.
How does Utah § 81-11-101 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Utah can advise on how this section applies to you. Contact your state or local bar association for a referral.
