How to get supervised visitation in Utah

In Utah, a judge can order supervised parent-time when it is needed to protect a child and no less restrictive option is reasonably available (Utah Code 81-9-207). You ask for it through your custody, parentage, or divorce case, or by modifying an existing order.

Step by step

1. Check whether you already have a case If there is already an order about parent-time, changes are filed in the original court under the same case number. If not, you start a case: divorce, or parentage for unmarried parents. Utah Courts says MyPaperwork can be used for divorce and parentage cases.
2. File and ask for supervised parent-time Your papers include a Parenting Plan when children are involved. Ask for supervised parent-time in your requests and say who should supervise, the schedule, and who pays. The court can order supervision when needed to protect a child from physical or emotional harm.
3. Take the required classes Divorce cases need the Mandatory Parenting Course and the Divorce Orientation Course. Custody and paternity cases need the Parenting Course. The petitioner has 60 days from filing and the respondent has 30 days from notice. Costs are $35 and $30 per person, and fee waivers are available.
4. Serve the other parent Have the other parent served under the court rules. For a petition to modify parent-time, service is due no later than 120 days after filing, and the other parent has 21 days to respond if served in Utah or 30 days if served outside Utah.
5. Ask for a temporary order if you need one now File a Motion for Temporary Order with the required forms. The court cannot hear it until you file proof that you finished the required classes in a divorce case. Utah Courts notes a temporary arrangement that works well may become the final order.
6. Go to the hearing The judge or commissioner decides. Under the statute, the court sets goals and expectations the parent must meet before unsupervised parent-time, and schedules follow up hearings to review them.
7. Who can supervise The statute prefers a professional or agency trained in child abuse reporting, child development, and domestic violence. Next is a trained individual, then any willing individual who can protect the child.
8. After the order, choose a provider and schedule Contact providers, complete their intake, and pay their fees, which many collect in advance. Ask for their current fee sheet.

Forms

• Utah Courts MyPaperwork and OCAP (divorce, parentage, protective orders): OCAP is being retired and replaced by MyPaperwork.
• OCAP forms list: parenting plan, temporary order, modify parent-time: Court Forms Committee index with links to form categories.
• Motion for Temporary Order (with children): Names the forms by district, for example 1102.8FA and 1924FA in Districts 1 to 4.
• Modifying Parent-Time: Petition to Modify, summons, disclosures, and financial declaration.
• Required parenting and divorce orientation courses: Online through USU Extension at divorce.usu.edu or in person.

Good to know

• A court can only change parent-time if there has been a change in circumstances since the last order (Utah Courts, Modifying Parent-Time).
• The party asking to modify parent-time pays a filing fee and can ask the judge to waive it if they cannot afford it (Utah Courts).
• Cohabitant abuse protective orders and child protective orders can be filed through MyPaperwork (Utah Courts, OCAP and MyPaperwork).
• A supervised parent-time order should set specific goals for the parent and a follow up hearing (Utah Code 81-9-207).
• Utah Courts lists legal clinics and the Modest Means Lawyer Referral Program as help options on its self-help page.

Sources

• Utah Code 81-9-207 (FindLaw)
• Utah Courts, Child Custody and Parent-Time
• Utah Courts, Motion for Temporary Order
• Utah Courts, Mandatory Education in Divorce and Temporary Separation
• Utah Courts, OCAP and MyPaperwork
• Utah Courts Forms Committee, OCAP Forms
• Utah Courts, Modifying Parent-Time
• Utah Courts, Self-Help