If there is no court order that addresses and controls the question of who can pick up or drop off the children in connection with custody and parent time exchanges, it is not clear whether a parent can designate a third party to perform those functions. Reason being that there is no default provision in the Utah Code on that subject.
However, if the child custody award is a sole custody award under the provisions of Utah Code § 81-9-302, and unless the court orders otherwise, then there is a default provision that applies:
(7) A stepparent, grandparent, or other responsible adult designated by the noncustodial parent, may pick up the minor child for parent-time if the custodial parent is aware of the identity of the individual and the noncustodial parent will be with the minor child by 7 p.m.
And if the child custody award is a joint custody (joint custody, not equal custody) award under the provisions of Utah Code § 81-9-303, and unless the court orders otherwise, then there is a default provision that applies in that situation as well:
(11) A stepparent, grandparent, or other responsible adult designated by the noncustodial parent, may pick up the minor child for parent-time if the custodial parent is aware of the identity of the individual and the noncustodial parent will be with the minor child by 7 p.m.
There is no provision in the Utah Code that allows for a third party to pick up the children for parent time if the parents have been awarded an equal physical custody schedule. So unless such a provision has been included in the courts order in the decree of divorce or in some other order pertaining to parent time exchanges, an equal physical custodial parent could argue that only the parents can pick up their children for the exercise of parent-time.
There is nothing, however, that prevents parents from agreeing to permit a third party to pick up or drop off the children in connection with the parent time exchanges, if the parties can reach such an agreement.
Utah Family Law, LC | divorceutah.com | 801-466-9277