House of Representatives
State of Utah
Mr. Speaker:
The Judiciary Committee recommends H.B. 415, JOINT CUSTODY MODIFICATIONS, by
Representative L. Fowlke, be replaced and reports a favorable recommendation on 1st Sub. H.B. 415,
JOINT CUSTODY MODIFICATIONS with the following amendments:
Respectfully,
Douglas C. Aagard
Voting: 13-0-0
1. Page
2, Line 49 through Page 3, Line 63
:
49
[
}
(b) The court shall, in every case, consider joint custody but may
award any form of
50
custody which is determined to be
]
}
51
(b) There shall be a rebuttable presumption that joint legal custody, as
defined in
52
Section
30-3-10.1
, is
}
in the best interest of the child.
, so long as the party who
desires joint
53
legal custody files a proposed parenting plan in accordance with Sections
30-3-10.8
and
54
30-3-10.9.
The presumption may be rebutted by a showing by a preponderance of
the
55
evidence that the following circumstances exist:
56
(i) the parents were not married to each other;
57
(ii) domestic violence in the home or in the presence of the child;
58
(iii) special physical or mental needs of a parent or child, making joint legal
custody
59
unreasonable;
60
(iv) physical distance between the residences of the parents, making joint
decision
61
making impractical in certain circumstances; or
62
(v) any other factor the court considers relevant, including those listed in
Section
63
30-3-10.2
.
}
2. Page
4, Lines 97 through 99
:
97
(5) This section establishes neither a preference nor a presumption for or against
[
}
joint
98
legal custody,
]
}
joint physical custody
{
[
}
,
{
]
}
or sole
{
physical
}
custody, but allows the court and the
99
family the widest discretion to choose a parenting plan that is in the best interest of the
child.
3. Page
5, Lines 128 through 132
:
128
(c)
[
}
The agreement shall contain
{
]
}
{
An order of joint legal or
physical custody shall
129
require
}
a parenting plan incorporating a dispute resolution procedure the parties
agree to use
:
}
130
(i) in accordance with Section
30-3-10.9
, or as ordered by the court in
accordance with
131
Subsection
30-3-10.2
(5); and
}
132
(ii)
}
before seeking enforcement or modification of the terms and conditions of
the
Committee Chair
7 HB0415.HC1.wpd 2/18/08 6:34 pm jdhowe/JDH ECM/JDH
Bill Number
*HB0415S01*
HB0415S01