House of Representatives
State of Utah
UTAH STATE CAPITOL COMPLEX . 350 STATE CAPITOL
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P.O. BOX 145030 . SALT LAKE CITY, UTAH 84114-5030 . (801) 538-1029 February 14, 2012
Madam Speaker:
The Judiciary Committee recommends H.B. 107, JOINT CUSTODY MODIFICATIONS, by
Representative G. Froerer, be replaced and reports a favorable recommendation on 1st Sub. H.B. 107,
JOINT CUSTODY MODIFICATIONS with the following amendments:
45
(b) [
Respectfully,
Kay L. McIff
1. Page
3, Lines 57 through 58
:
57
(v) any other factor the court considers relevant, including those listed in
58
30-3-10.2
.
2. Page 2, Line 45 through Page 3, Line 58
The court shall, in every case, consider joint custody but may award any form
of
46
custody which is determined to be] There shall be a rebuttable presumption that joint
legal
47
custody, as defined in Section
30-3-10.1
, is in the best interest of the child[.], so long as
the
48
party who desires joint legal custody files a proposed parenting plan in accordance with
49
Sections
30-3-10.8
and
30-3-10.9
. The presumption may be rebutted by a showing by a
50
preponderance of the evidence that the following circumstances exist:
51
(i) the parents were not married to each other;
}
52
(ii)
}
(i)
domestic violence in the home or in the presence of the child;
53
(iii)
}
(ii)
special physical or mental needs of a parent or child, making
joint legal custody
54
unreasonable;
55
(iv)
}
(iii)
physical distance between the residences of the parents, making
joint decision
56
57
(v)
}
(iv)
any other factor the court considers relevant, including those
listed in Section
58
30-3-10.2
.
Committee Chair
Voting: 11-0-2
7 HB0107.HC1.wpd 2/14/12 3:54 pm /JDH ECM/JDH
Bill Number
*HB0107S01*
HB0107S01