H.B. 456

1

JOINT LEGAL CUSTODY AMENDMENTS
2 2007 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: Lorie D. Fowlke
5 Senate Sponsor: ____________
6
7 LONG TITLE
8 General Description:
9 This bill allows for the modification of joint custody orders and creates specific
10 requirements to do so.
11 Highlighted Provisions:
12 This bill:
13 . allows a parent to file a motion for termination of joint custody under specific
14 circumstances;
15 . sets conditions for the court to consider in modifying a joint custody order;
16 . requires that parents participate in a dispute resolution proceeding; and
17 . requires the court to make specific findings when modifying or terminating a joint
18 custody order.
19 Monies Appropriated in this Bill:
20 None
21 Other Special Clauses:
22 None
23 Utah Code Sections Affected:
24 AMENDS:
25 30-3-10.3, as last amended by Chapter 126, Laws of Utah 2001
26 30-3-10.4, as last amended by Chapter 142, Laws of Utah 2005
27

28 Be it enacted by the Legislature of the state of Utah:
29 Section 1. Section 30-3-10.3 is amended to read:
30 30-3-10.3. Terms of joint legal or physical custody order.
31 (1) Unless the court orders otherwise, before a final order of joint legal custody or joint
32 physical custody is entered both parties shall attend the mandatory course for divorcing parents,
33 as provided in Section 30-3-11.3 , and present a certificate of completion from the course to the
34 court.
35 (2) An order of joint legal or physical custody shall provide terms the court determines
36 appropriate, which may include specifying:
37 (a) either the county of residence of the child, until altered by further order of the court,
38 or the custodian who has the sole legal right to determine the residence of the child;
39 (b) that the parents shall exchange information concerning the health, education, and
40 welfare of the child, and where possible, confer before making decisions concerning any of
41 these areas;
42 (c) the rights and duties of each parent regarding the child's present and future physical
43 care, support, and education;
44 (d) provisions to minimize disruption of the child's attendance at school and other
45 activities, his daily routine, and his association with friends; and
46 (e) as necessary, the remaining parental rights, privileges, duties, and powers to be
47 exercised by the parents solely, concurrently, or jointly.
48 (3) The court shall, where possible, include in the order the terms of the parenting plan
49 provided in accordance with Section 30-3-10.8 .
50 (4) Any parental rights not specifically addressed by the court order may be exercised
51 by the parent having physical custody of the child the majority of the time.
52 (5) (a) The appointment of joint legal or physical custodians does not impair or limit
53 the authority of the court to order support of the child, including payments by one custodian to
54 the other.
55 (b) An order of joint legal or physical custody, in itself, is not grounds for modifying a
56 support order.
57 (c) [The agreement shall contain] An order of joint legal or physical custody shall
58 require a parenting plan incorporating a dispute resolution procedure the parties agree to use:

59 (i) in accordance with Section 30-3-10.9 , or as ordered by the court in accordance with
60 Subsection 30-3-10.2 (5); and
61 (ii) before seeking enforcement or modification of the terms and conditions of the
62 order of joint legal or physical custody through litigation, except in emergency situations
63 requiring ex parte orders to protect the child.
64 Section 2. Section 30-3-10.4 is amended to read:
65 30-3-10.4. Modification or termination of order.
66 (1) On the motion of one or both of the parents, or the joint legal or physical custodians
67 if they are not the parents, the court may, after a hearing, modify or terminate an order that
68 established joint legal or physical custody if:
69 (a) the circumstances of the child or one or both parents or joint legal or physical
70 custodians have materially and substantially changed since the entry of the order to be
71 modified; [and]
72 (b) a modification of the terms and conditions of the order would be an improvement
73 for and in the best interest of the child[.]; and
74 (c) (i) both parents have complied in good faith with the dispute resolution procedure
75 in accordance with Subsection 30-3-10.3 (5)(c); or
76 (ii) if no dispute resolution procedure is contained in the order that established joint
77 legal or physical custody, the court orders the parents to participate in a dispute resolution
78 procedure in accordance with Subsection 30-3-10.2 (5) unless the parents certify that, in good
79 faith, they have utilized a dispute resolution procedure to resolve their dispute.
80 (2) (a) In determining whether the best interest of a child will be served by either
81 modifying or terminating the joint legal or physical custody order, the court shall, in addition to
82 other factors the court considers relevant, consider the factors outlined in Subsection
83 30-3-10.2 (2).
84 (b) A court order modifying or terminating an existing joint legal or physical custody
85 order shall contain written findings that:
86 (i) a material and substantial change of circumstances has occurred; and
87 (ii) a modification of the terms and conditions of the order would be an improvement
88 for and in the best interest of the child.
89 (c) The court shall give substantial weight to the existing joint legal or physical custody

90 order when the child is thriving and well-adjusted.
91 (3) The court shall, in every case regarding a motion for termination of a joint legal or
92 physical custody order, consider reasonable alternatives to preserve the existing order in
93 accordance with Subsection 30-3-10 (1)(b). The court may modify the terms and conditions of
94 the existing order in accordance with Subsection 30-3-10 (5) and may order the parents to file a
95 parenting plan in accordance with this chapter.
96 [(2)] (4) A parent requesting a modification from sole custody to joint legal custody or
97 joint physical custody or both, or any other type of shared parenting arrangement, shall file and
98 serve a proposed parenting plan with the petition to modify in accordance with Section
99 30-3-10.8 .
100 [(3) The order of joint legal custody may be terminated by order of the court if one or
101 both parents file a motion for termination and the court determines that the joint legal custody
102 order is unworkable or inappropriate under existing circumstances. At the time of entry of an
103 order terminating joint legal custody, the court shall enter an order of sole legal custody under
104 Section 30-3-10 . All related issues, including parent-time and child support, shall also be
105 determined and ordered by the court.]
106 [(4)] (5) If the court finds that an action under this section is filed or answered
107 frivolously and in a manner designed to harass the other party, the court shall assess attorney's
108 fees as costs against the offending party.




Legislative Review Note
as of 2-13-07 10:45 AM

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