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H.B. 215

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CUSTODY DISPUTES INVOLVING A PARENT

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WITH A DISABILITY

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1997 GENERAL SESSION

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STATE OF UTAH

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Sponsor: Jordan Tanner

6    AN ACT RELATING TO HUSBAND AND WIFE; ESTABLISHING THE CIRCUMSTANCES
7    UNDER WHICH A PARENT'S DISABILITY MAY BE CONSIDERED AND REBUTTED
8    IN A CUSTODY DETERMINATION.
9    This act affects sections of Utah Code Annotated 1953 as follows:
10    AMENDS:
11         30-3-10, as last amended by Chapter 131, Laws of Utah 1993
12    Be it enacted by the Legislature of the state of Utah:
13        Section 1. Section 30-3-10 is amended to read:
14         30-3-10. Custody of children in case of separation or divorce -- Custody
15     consideration.
16        (1) If a husband and wife having minor children are separated, or their marriage is declared
17    void or dissolved, the court shall make an order for the future care and custody of the minor
18    children as it considers appropriate. In determining custody, the court shall consider the best
19    interests of the child and the past conduct and demonstrated moral standards of each of the parties.
20    The court may inquire of the children and take into consideration the children's desires regarding
21    the future custody, but the expressed desires are not controlling and the court may determine the
22    children's custody otherwise.
23        (2) In awarding custody, the court shall consider, among other factors the court finds
24    relevant, which parent is most likely to act in the best interests of the child, including allowing the
25    child frequent and continuing contact with the noncustodial parent as the court finds appropriate.
26        (3) If the court finds that one parent does not desire custody of the child, or has attempted
27    to permanently relinquish custody to a third party, it shall take that evidence into consideration in


1    determining whether to award custody to the other parent.
2         S [(4) (a) In cases decided under this section, a court may not take into account a
2a     parent's
3    disability, as defined in Section 57-21-2, in awarding custody or in determining whether a
4    substantial change has occurred for the purposes of modifying an award of custody unless it is
5    shown by clear and convincing evidence that the disability significantly and substantially inhibits
6    a parent's ability to provide for the basic physical and emotional needs of the child at issue.
] (4)(a)

6a     A COURT MAY NOT DISCRIMINATE AGAINST A PARENT DUE TO A DISABLITY, AS DEFINED IN
6b     SECTION 57-21-2, IN AWARDING CUSTODY OR DETERMINING WHETHER A SUBSTANTIAL CHANGE
6c     HAS OCCURRED FOR THE PURPOSE OF MODIFYING AN AWARD OF CUSTODY. s
7        (b) If S [the] A s court takes a parent's disability into account S [under Subsection (a)] IN
7a     AWARDING CUSTODY OR DETERMINING WHETHER A SUBSTANTIAL CHANGE HAS OCCURRED FOR
7b     THE PURPOSE OF MODIFYING AN AWARD OF CUSTODY s , the parent with
8    a disability may rebut any evidence S , PRESUMPTION, s or inference arising therefrom by showing
8a    that:
9        (i) the disability does not significantly or substantially inhibit the parent's ability to provide
10    for the S [basic ] s physical and emotional needs of the child at issue; or
11        (ii) the parent with a disability has sufficient human, monetary, or other resources available
12    to supplement the parent's ability to provide for the S [basic] s physical and emotional needs of the
12a    child
13    at issue.
14        (c) Nothing in this section may be construed to apply to:
15        (i) abuse, neglect, or dependency proceedings under Title 62A, Chapter 4a, Family
16    Services, or Title 78, Chapter 3a, Juvenile Courts; or
17        (ii) adoption proceedings under Title 78, Chapter 30, Adoption.




Legislative Review Note
    as of 12-30-96 1:51 PM


A limited legal review of this bill raises no obvious constitutional or statutory concerns.

Text Box

Amend on 2_goldenrod February 12, 1997

Office of Legislative Research and General Counsel


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