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H.B. 5 Enrolled

                 

COURT INTERVIEWS OF CHILDREN

                 
1999 GENERAL SESSION

                 
STATE OF UTAH

                 
Sponsor: Afton B. Bradshaw

                  AN ACT RELATING TO HUSBAND AND WIFE; PROVIDING FOR CHILDREN IN
                  DIVORCE CASES TO BE PRIVATELY INTERVIEWED BY THE JUDGE WITH THE
                  CONSENT OF THE PARTIES.
                  This act affects sections of Utah Code Annotated 1953 as follows:
                  AMENDS:
                      30-3-10, as last amended by Chapter 43, Laws of Utah 1997
                  Be it enacted by the Legislature of the state of Utah:
                      Section 1. Section 30-3-10 is amended to read:
                       30-3-10. Custody of children in case of separation or divorce -- Custody
                  consideration.
                      (1) If a husband and wife having minor children are separated, or their marriage is declared
                  void or dissolved, the court shall make an order for the future care and custody of the minor
                  children as it considers appropriate. In determining custody, the court shall consider the best
                  interests of the child and the past conduct and demonstrated moral standards of each of the parties.
                  The court may inquire of the children and take into consideration the children's desires regarding
                  [the] future custody or visitation schedules, but the expressed desires are not controlling and the
                  court may determine the children's custody or visitation otherwise. Interviews with the children
                  may be conducted by the judge in camera only with the prior consent of the parties.
                      (2) In awarding custody, the court shall consider, among other factors the court finds
                  relevant, which parent is most likely to act in the best interests of the child, including allowing the
                  child frequent and continuing contact with the noncustodial parent as the court finds appropriate.
                      (3) If the court finds that one parent does not desire custody of the child, or has attempted
                  to permanently relinquish custody to a third party, it shall take that evidence into consideration in
                  determining whether to award custody to the other parent.
                      (4) (a) A court may not discriminate against a parent due to a disability, as defined in


                  Section 57-21-2 , in awarding custody or determining whether a substantial change has occurred for
                  the purpose of modifying an award of custody.
                      (b) If a court takes a parent's disability into account in awarding custody or determining
                  whether a substantial change has occurred for the purpose of modifying an award of custody, the
                  parent with a disability may rebut any evidence, presumption, or inference arising therefrom by
                  showing that:
                      (i) the disability does not significantly or substantially inhibit the parent's ability to provide
                  for the physical and emotional needs of the child at issue; or
                      (ii) the parent with a disability has sufficient human, monetary, or other resources available
                  to supplement the parent's ability to provide for the physical and emotional needs of the child at issue.
                      (c) Nothing in this section may be construed to apply to:
                      (i) abuse, neglect, or dependency proceedings under Title 62A, Chapter 4a, Child and Family
                  Services, or Title 78, Chapter 3a, Juvenile Courts; or
                      (ii) adoption proceedings under Title 78, Chapter 30, Adoption.


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