Parenting plan -- Filing -- Modifications.

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  • (1) In any proceeding under this chapter, including actions for paternity, a party requesting joint custody, joint legal or physical custody, or any other type of shared parenting arrangement, shall file and serve a proposed parenting plan at the time of the filing of their original petition or at the time of filing their answer or counterclaim.
  • (2) In proceedings for a modification of custody provisions or modification of a parenting plan, a proposed parenting plan shall be filed and served with the petition to modify, or the answer or counterclaim to the petition to modify.
  • (3) A party who files a proposed parenting plan in compliance with this section may move the court for an order of default to adopt the plan if the other party fails to file a proposed parenting plan as required by this section.
  • (4) Either party may file and serve an amended proposed parenting plan according to the rules for amending pleadings.
  • (5) The parent submitting a proposed parenting plan shall attach a verified statement that the plan is proposed by that parent in good faith.
  • (6) Both parents may submit a parenting plan which has been agreed upon. A verified statement, signed by both parents, shall be attached.
  • (7) If the parents file inconsistent parenting plans, the court may appoint a guardian ad litem to represent the best interests of the child, who may, if necessary, file a separate parenting plan reflecting the best interests of the child.
  • (8) When one or both parents are a servicemember, the parenting plan shall be consistent with Subsection 30-3-10.9(10). If after a parenting plan is adopted, one or both parents become servicemembers, as soon as practical, the parents shall amend the existing parenting plan to comply with Subsection 30-3-10.9(10).




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