H.B. 215 Enrolled

CUSTODY DISPUTES INVOLVING A PARENT
WITH A DISABILITY
1997 GENERAL SESSION
STATE OF UTAH
Sponsor: Jordan Tanner
AN ACT RELATING TO HUSBAND AND WIFE; ESTABLISHING THE CIRCUMSTANCES
UNDER WHICH A PARENT'S DISABILITY MAY BE CONSIDERED AND
REBUTTED IN A CUSTODY DETERMINATION.
This act affects sections of Utah Code Annotated 1953 as follows:
AMENDS:
30-3-10, as last amended by Chapter 131, Laws of Utah 1993
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, but the expressed desires are not controlling and the court may determine the
children's custody otherwise.
(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, Family Services,
or Title 78, Chapter 3a, Juvenile Courts; or
(ii) adoption proceedings under Title 78, Chapter 30, Adoption.

- 2 -