Text of UT HB 88 (2012)

H.B. 88 LEGISLATIVE GENERAL COUNSEL 6 Approved for Filing: E. Chelsea-McCarty 6 6 01-25-12 9:31 AM 6 H.B. 88 1 CUSTODY AMENDMENTS 2 2012 GENERAL SESSION 3 STATE OF UTAH 4 Chief Sponsor: Ryan D. Wilcox 5 Senate Sponsor: ____________ 6 7 LONG TITLE 8 General Description: 9 This bill adds an anti-discrimination clause to the custody statute. 10 Highlighted Provisions: 11 This bill: 12 < adds to the divorce statute a statement that the court may not discriminate against a 13 parent based on age, race, religious preference, or gender when deciding custody. 14 Money Appropriated in this Bill: 15 None 16 Other Special Clauses: 17 None 18 Utah Code Sections Affected: 19 AMENDS: 20 30-3-10, as last amended by Laws of Utah 2010, Chapter 237 21 22 Be it enacted by the Legislature of the state of Utah: 23 Section 1. Section 30-3-10 is amended to read: 24 30-3-10. Custody of children in case of separation or divorce -- Custody 25 consideration. 26 (1) If a husband and wife having minor children are separated, or their marriage is 27 declared void or dissolved, the court shall make an order for the future care and custody of the *HB0088* H.B. 88 01-25-12 9:31 AM - 2 - 28 minor children as it considers appropriate. 29 (a) In determining any form of custody, the court may not discriminate against a parent 30 due to gender, race, religious preference, or age, but shall consider the best interests of the child 31 and, among other factors the court finds relevant, the following: 32 (i) the past conduct and demonstrated moral standards of each of the parties; 33 (ii) which parent is most likely to act in the best interest of the child, including 34 allowing the child frequent and continuing contact with the noncustodial parent; 35 (iii) the extent of bonding between the parent and child, meaning the depth, quality, 36 and nature of the relationship between a parent and child; and 37 (iv) those factors outlined in Section 30-3-10.2. 38 (b) The court shall, in every case, consider joint custody but may award any form of 39 custody which is determined to be in the best interest of the child. 40 (c) The children may not be required by either party to testify unless the trier of fact 41 determines that extenuating circumstances exist that would necessitate the testimony of the 42 children be heard and there is no other reasonable method to present their testimony. 43 (d) The court may inquire of the children and take into consideration the children's 44 desires regarding future custody or parent-time schedules, but the expressed desires are not 45 controlling and the court may determine the children's custody or parent-time otherwise. The 46 desires of a child 16 years of age or older shall be given added weight, but is not the single 47 controlling factor. 48 (e) If interviews with the children are conducted by the court pursuant to Subsection 49 (1)(d), they shall be conducted by the judge in camera. The prior consent of the parties may be 50 obtained but is not necessary if the court finds that an interview with the children is the only 51 method to ascertain the child's desires regarding custody. 52 (2) In awarding custody, the court shall consider, among other factors the court finds 53 relevant, which parent is most likely to act in the best interests of the child, including allowing 54 the child frequent and continuing contact with the noncustodial parent as the court finds 55 appropriate. 56 (3) If the court finds that one parent does not desire custody of the child, the court shall 57 take that evidence into consideration in determining whether to award custody to the other 58 parent. 01-25-12 9:31 AM H.B. 88 - 3 - 59 (4) (a) Except as provided in Subsection (4)(b), a court may not discriminate against a 60 parent due to a disability, as defined in Section 57-21-2, in awarding custody or determining 61 whether a substantial change has occurred for the purpose of modifying an award of custody. 62 (b) If a court takes a parent's disability into account in awarding custody or determining 63 whether a substantial change has occurred for the purpose of modifying an award of custody, 64 the parent with a disability may rebut any evidence, presumption, or inference arising from the 65 disability by showing that: 66 (i) the disability does not significantly or substantially inhibit the parent's ability to 67 provide for the physical and emotional needs of the child at issue; or 68 (ii) the parent with a disability has sufficient human, monetary, or other resources 69 available to supplement the parent's ability to provide for the physical and emotional needs of 70 the child at issue. 71 (c) Nothing in this section may be construed to apply to adoption proceedings under 72 Title 78B, Chapter 6, Part 1, Utah Adoption Act. 73 (5) This section establishes neither a preference nor a presumption for or against joint 74 legal custody, joint physical custody or sole custody, but allows the court and the family the 75 widest discretion to choose a parenting plan that is in the best interest of the child. Legislative Review Note as of 1-20-12 2:13 PM Office of Legislative Research and General Counsel

Enrolled Copy H.B. 88 1 CUSTODY AMENDMENTS 2 2012 GENERAL SESSION 3 STATE OF UTAH 4 Chief Sponsor: Ryan D. Wilcox 5 Senate Sponsor: Aaron Osmond 6 Cosponsors: 7 Brad L. Dee 8 Francis D. Gibson 9 Gregory H. Hughes Ken Ivory Brian S. King Ronda Rudd Menlove Jennifer M. Seelig Evan J. Vickers Christine F. Watkins 10 11 LONG TITLE 12 General Description: 13 This bill adds an anti-discrimination clause to the custody statute. 14 Highlighted Provisions: 15 This bill: 16 < adds to the divorce statute a statement that the court shall consider the best interest 17 of the child without preference for either the mother or father when deciding 18 custody. 19 Money Appropriated in this Bill: 20 None 21 Other Special Clauses: 22 None 23 Utah Code Sections Affected: 24 AMENDS: 25 30-3-10, as last amended by Laws of Utah 2010, Chapter 237 26 27 Be it enacted by the Legislature of the state of Utah: 28 Section 1. Section 30-3-10 is amended to read: H.B. 88 Enrolled Copy - 2 - 29 30-3-10. Custody of children in case of separation or divorce -- Custody 30 consideration. 31 (1) If a husband and wife having minor children are separated, or their marriage is 32 declared void or dissolved, the court shall make an order for the future care and custody of the 33 minor children as it considers appropriate. 34 (a) In determining any form of custody, the court shall consider the best interests of the 35 child without preference for either the mother or father solely because of the biological sex of 36 the parent and, among other factors the court finds relevant, the following: 37 (i) the past conduct and demonstrated moral standards of each of the parties; 38 (ii) which parent is most likely to act in the best interest of the child, including 39 allowing the child frequent and continuing contact with the noncustodial parent; 40 (iii) the extent of bonding between the parent and child, meaning the depth, quality, 41 and nature of the relationship between a parent and child; and 42 (iv) those factors outlined in Section 30-3-10.2. 43 (b) The court shall, in every case, consider joint custody but may award any form of 44 custody which is determined to be in the best interest of the child. 45 (c) The children may not be required by either party to testify unless the trier of fact 46 determines that extenuating circumstances exist that would necessitate the testimony of the 47 children be heard and there is no other reasonable method to present their testimony. 48 (d) The court may inquire of the children and take into consideration the children's 49 desires regarding future custody or parent-time schedules, but the expressed desires are not 50 controlling and the court may determine the children's custody or parent-time otherwise. The 51 desires of a child 16 years of age or older shall be given added weight, but is not the single 52 controlling factor. 53 (e) If interviews with the children are conducted by the court pursuant to Subsection 54 (1)(d), they shall be conducted by the judge in camera. The prior consent of the parties may be 55 obtained but is not necessary if the court finds that an interview with the children is the only 56 method to ascertain the child's desires regarding custody. Enrolled Copy H.B. 88 - 3 - 57 (2) In awarding custody, the court shall consider, among other factors the court finds 58 relevant, which parent is most likely to act in the best interests of the child, including allowing 59 the child frequent and continuing contact with the noncustodial parent as the court finds 60 appropriate. 61 (3) If the court finds that one parent does not desire custody of the child, the court shall 62 take that evidence into consideration in determining whether to award custody to the other 63 parent. 64 (4) (a) Except as provided in Subsection (4)(b), a court may not discriminate against a 65 parent due to a disability, as defined in Section 57-21-2, in awarding custody or determining 66 whether a substantial change has occurred for the purpose of modifying an award of custody. 67 (b) If a court takes a parent's disability into account in awarding custody or determining 68 whether a substantial change has occurred for the purpose of modifying an award of custody, 69 the parent with a disability may rebut any evidence, presumption, or inference arising from the 70 disability by showing that: 71 (i) the disability does not significantly or substantially inhibit the parent's ability to 72 provide for the physical and emotional needs of the child at issue; or 73 (ii) the parent with a disability has sufficient human, monetary, or other resources 74 available to supplement the parent's ability to provide for the physical and emotional needs of 75 the child at issue. 76 (c) Nothing in this section may be construed to apply to adoption proceedings under 77 Title 78B, Chapter 6, Part 1, Utah Adoption Act. 78 (5) This section establishes neither a preference nor a presumption for or against joint 79 legal custody, joint physical custody or sole custody, but allows the court and the family the 80 widest discretion to choose a parenting plan that is in the best interest of the child.