S.B. 106 Enrolled

DIVORCE - CHILDREN'S TESTIMONY
LIMITED
2002 GENERAL SESSION
STATE OF UTAH
Sponsor: Terry R. Spencer
This act modifies the circumstances under which children may testify in a divorce.
This act affects sections of Utah Code Annotated 1953 as follows:
AMENDS:
30-3-10, as last amended by Chapter 255, Laws of Utah 2001
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.
(a) 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]
(b) The children may not be required by either party to testify unless the trier of fact
determines that extenuating circumstances exist that would necessitate the testimony of the
children be heard and there is no other reasonable method to present their testimony.
(c) The court may inquire of the children and take into consideration the children's desires
regarding future custody or parent-time schedules, but the expressed desires are not controlling and
the court may determine the children's custody or parent-time otherwise. The desires of a child
16 years of age or older shall be given added weight, but is not the single controlling factor.
(d) Interviews with the children may be conducted by the judge in camera only with the
prior consent of the parties.
(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, Child and Family
Services, or Title 78, Chapter 3a, Juvenile [Courts] Court Act of 1996; or
(ii) adoption proceedings under Title 78, Chapter 30, Adoption.

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