S.B. 223 Enrolled

REVISIONS TO PARENT TIME
2003 GENERAL SESSION
STATE OF UTAH
Sponsor: Lyle W. Hillyard
This act modifies provisions concerning parent-time. It provides for the award of joint
legal and physical custody according to the best interests of the child and defines joint
physical custody.
This act affects sections of Utah Code Annotated 1953 as follows:
AMENDS:
30-3-10, as last amended by Chapter 302, Laws of Utah 2002
30-3-10.1, as enacted by Chapter 106, Laws of Utah 1988
30-3-10.2, as last amended by Chapter 126, Laws of Utah 2001
30-3-32, as last amended by Chapter 255, Laws of Utah 2001
30-3-35, as last amended by Chapters 9 and 255, Laws of Utah 2001
30-3-38, 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 any form of custody, the court shall consider the best interests of the
child and, among other factors the court finds relevant, the following:
(i) the past conduct and demonstrated moral standards of each of the parties[.];
(ii) which parent is most likely to act in the best interest of the child, including
allowing the child frequent and continuing contact with the noncustodial parent; and
(iii) those factors outlined in Section 30-3-10.2 .
(b) The court shall, in every case, consider joint custody but may award any form of

custody which is determined to be in the best interest of the child.
[(b)] (c) 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)] (d) 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] (e) If interviews with the children [may] are conducted by the court
pursuant to Subsection (1)(d), they shall be conducted by the judge in camera [only with the prior
consent of the parties]. The prior consent of the parties may be obtained but is not necessary if
the court finds that an interview with the children is the only method to ascertain the child's
desires regarding custody.
(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:

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(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 Court Act of 1996; or
(ii) adoption proceedings under Title 78, Chapter 30, Adoption.
(5) This section establishes neither a preference nor a presumption for or against joint
legal custody, joint physical custody, or sole custody, but allows the court and the family the
widest discretion to choose a parenting plan that is in the best interest of the child.
Section 2. Section 30-3-10.1 is amended to read:
30-3-10.1. Joint legal custody defined.
[In] As used in this chapter[, "joint]:
(1) "Joint legal custody":
[(1)] (a) means the sharing of the rights, privileges, duties, and powers of a parent by
both parents, where specified;
[(2)] (b) may include an award of exclusive authority by the court to one parent to make
specific decisions;
[(3)] (c) does not affect the physical custody of the child except as specified in the order
of joint legal custody;
[(4)] (d) is not based on awarding equal or nearly equal periods of physical custody of
and access to the child to each of the parents, as the best interest of the child often requires that a
primary physical residence for the child be designated; and
[(5)] (e) does not prohibit the court from specifying one parent as the primary caretaker
and one home as the primary residence of the child.
(2) "Joint physical custody":

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(a) means the child stays with each parent overnight for more than 30% of the year, and
both parents contribute to the expenses of the child in addition to paying child support;
(b) can mean equal or nearly equal periods of physical custody of and access to the child
by each of the parents, as required to meet the best interest of the child;
(c) may require that a primary physical residence for the child be designated; and
(d) does not prohibit the court from specifying one parent as the primary caretaker and
one home as the primary residence of the child.
Section 3. Section 30-3-10.2 is amended to read:
30-3-10.2. Joint legal or physical custody order -- Factors for court determination
-- Public assistance.
(1) The court may order joint legal custody or joint physical custody or both if the
parents have filed a parenting plan in accordance with Section 30-3-10.8 and it determines that
joint legal custody or joint physical custody or both is in the best interest of the child.
(2) In determining whether the best interest of a child will be served by ordering joint
legal or physical custody, the court shall consider the following factors:
(a) whether the physical, psychological, and emotional needs and development of the
child will benefit from joint legal or physical custody;
(b) the ability of the parents to give first priority to the welfare of the child and reach
shared decisions in the child's best interest;
(c) whether each parent is capable of encouraging and accepting a positive relationship
between the child and the other parent, including the sharing of love, affection, and contact
between the child and the other parent;
(d) whether both parents participated in raising the child before the divorce;
(e) the geographical proximity of the homes of the parents;
(f) the preference of the child if the child is of sufficient age and capacity to reason so as
to form an intelligent preference as to joint legal or physical custody;
(g) the maturity of the parents and their willingness and ability to protect the child from
conflict that may arise between the parents; [and]

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(h) the past and present ability of the parents to cooperate with each other and make
decisions jointly;
(i) any history of, or potential for, child abuse, spouse abuse, or kidnaping; and
[(h)] (j) any other factors the court finds relevant.
(3) The determination of the best interest of the child shall be by a preponderance of the
evidence.
(4) The court shall inform both parties that:
(a) an order for joint legal or physical custody may preclude eligibility for cash assistance
provided under Title 35A, Chapter 3, Employment Support Act; and
(b) if cash assistance is required for the support of children of the parties at any time
subsequent to an order of joint legal or physical custody, the order may be terminated under
Section 30-3-10.4 .
(5) The court may order that where possible the parties attempt to settle future disputes
by a dispute resolution method before seeking enforcement or modification of the terms and
conditions of the order of joint legal custody or joint physical custody through litigation, except
in emergency situations requiring ex parte orders to protect the child.
Section 4. Section 30-3-32 is amended to read:
30-3-32. Parent-time -- Intent -- Policy -- Definitions.
(1) It is the intent of the Legislature to promote parent-time at a level consistent with all
parties' interests.
(2) Absent a showing by a preponderance of evidence of real harm or substantiated
potential harm to the child:
(a) it is in the best interests of the child of divorcing, divorced, or adjudicated parents to
have frequent, meaningful, and continuing access to each parent following separation or divorce;
(b) each divorcing, separating, or adjudicated parent is entitled to and responsible for
frequent, meaningful, and continuing access with his child consistent with the child's best
interests; and
(c) it is in the best interests of the child to have both parents actively involved in

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parenting the child.
(3) For purposes of Sections 30-3-32 through 30-3-37 :
(a) "Child" means the child or children of divorcing, separating, or adjudicated parents.
(b) "Christmas school vacation" means the time period beginning on the evening the
child gets out of school for the Christmas or winter school break until the evening before the
child returns to school, except for Christmas Eve[,] and Christmas Day[, and New Year's Day].
(c) "Extended parent-time" means a period of parent-time other than a weekend, holiday
as provided in Subsections 30-3-35 (2)(f) and (2)(g), religious holidays as provided in
Subsections 30-3-33 [(4)](3) and [(16)] (15), and "Christmas school vacation."
Section 5. Section 30-3-35 is amended to read:
30-3-35. Minimum schedule for parent-time for children 5 to 18 years of age.
(1) The parent-time schedule in this section applies to children 5 to 18 years of age.
(2) If the parties do not agree to a parent-time schedule, the following schedule shall be
considered the minimum parent-time to which the noncustodial parent and the child shall be
entitled:
(a) (i) one weekday evening to be specified by the noncustodial parent or the court from
5:30 p.m. until 8:30 p.m.; or
(ii) at the election of the noncustodial parent, one weekday from the time the child's
school is regularly dismissed until 8:30 p.m., unless the court directs the application of
Subsection (2)(a)(i);
(b) (i) alternating weekends beginning on the first weekend after the entry of the decree
from 6 p.m. on Friday until 7 p.m. on Sunday continuing each year; or
(ii) at the election of the noncustodial parent, from the time the child's school is regularly
dismissed on Friday until 7 p.m. on Sunday, unless the court directs the application of Subsection
(2)(b)(i);
(c) holidays take precedence over the weekend parent-time, and changes shall not be
made to the regular rotation of the alternating weekend parent-time schedule;
(d) if a holiday falls on a regularly scheduled school day, the noncustodial parent shall be

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responsible for the child's attendance at school for that school day;
(e) (i) if a holiday falls on a weekend or on a Friday or Monday and the total holiday
period extends beyond that time so that the child is free from school and the parent is free from
work, the noncustodial parent shall be entitled to this lengthier holiday period; or
(ii) at the election of the noncustodial parent, parent-time over a scheduled holiday
weekend may begin from the time the child's school is regularly dismissed at the beginning of the
holiday weekend until 7 p.m. on the last day of the holiday weekend;
(f) in years ending in an odd number, the noncustodial parent is entitled to the following
holidays:
(i) child's birthday on the day before or after the actual birthdate beginning at 3 p.m. until
9 p.m.; at the discretion of the noncustodial parent, he may take other siblings along for the
birthday;
(ii) Martin Luther King, Jr. beginning 6 p.m. on Friday until Monday at 7 p.m. unless the
holiday extends for a lengthier period of time to which the noncustodial parent is completely
entitled;
(iii) spring break or Easter holiday beginning at 6 p.m. on the day school lets out for the
holiday until 7 p.m. on the Sunday before school resumes;
(iv) Memorial Day beginning 6 p.m. on Friday until Monday at 7 p.m., unless the holiday
extends for a lengthier period of time to which the noncustodial parent is completely entitled;
(v) July 24th beginning 6 p.m. on the day before the holiday until 11 p.m. on the holiday;
(vi) Veteran's Day holiday beginning 6 p.m. the day before the holiday until 7 p.m. on the
holiday; and
(vii) the first portion of the Christmas school vacation as defined in Subsection
30-3-32 (3)(b) plus Christmas Eve and Christmas Day until 1 p.m., so long as the entire holiday is
equally divided;
(g) in years ending in an even number, the noncustodial parent is entitled to the following
holidays:
(i) child's birthday on actual birthdate beginning at 3 p.m. until 9 p.m.; at the discretion

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of the noncustodial parent, he may take other siblings along for the birthday;
(ii) Washington and Lincoln Day beginning at 6 p.m. on Friday until 7 p.m. on Monday
unless the holiday extends for a lengthier period of time to which the noncustodial parent is
completely entitled;
(iii) July 4th beginning at 6 p.m. the day before the holiday until 11 p.m. on the holiday;
(iv) Labor Day beginning at 6 p.m. on Friday until Monday at 7 p.m. unless the holiday
extends for a lengthier period of time to which the noncustodial parent is completely entitled;
(v) the fall school break, if applicable, commonly known as U.E.A. weekend beginning
at 6 p.m. on Wednesday until Sunday at 7 p.m. unless the holiday extends for a lengthier period
of time to which the noncustodial parent is completely entitled;
(vi) Columbus Day beginning at 6 p.m. the day before the holiday until 7 p.m. on the
holiday;
(vii) Thanksgiving holiday beginning Wednesday at 7 p.m. until Sunday at 7 p.m; and
(viii) the second portion of the Christmas school vacation, including New Year's Day, as
defined in Subsection 30-3-32 (3)(b) plus Christmas day beginning at 1 p.m. until 9 p.m., so long
as the entire Christmas holiday is equally divided;
(h) the custodial parent is entitled to the odd year holidays in even years and the even
year holidays in odd years;
[(h)] (i) Father's Day shall be spent with the natural or adoptive father every year
beginning at 9 a.m. until 7 p.m. on the holiday;
[(i)] (j) Mother's Day shall be spent with the natural or adoptive mother every year
beginning at 9 a.m. until 7 p.m. on the holiday;
[(j)] (k) extended parent-time with the noncustodial parent may be:
(i) up to four weeks consecutive at the option of the noncustodial parent;
(ii) two weeks shall be uninterrupted time for the noncustodial parent; and
(iii) the remaining two weeks shall be subject to parent-time for the custodial parent
consistent with these guidelines;
[(k)] (l) the custodial parent shall have an identical two-week period of uninterrupted

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time during the children's summer vacation from school for purposes of vacation;
[(l)] (m) if the child is enrolled in year-round school, the noncustodial parent's extended
parent-time shall be 1/2 of the vacation time for year-round school breaks, provided the custodial
parent has holiday and phone visits;
[(m)] (n) notification of extended parent-time or vacation weeks with the child shall be
provided at least 30 days in advance to the other parent; and
[(n)] (o) telephone contact shall be at reasonable hours and for reasonable duration.
(3) Any elections required to be made in accordance with this section by either parent
concerning parent-time shall be made a part of the decree and made a part of the parent-time
order.
Section 6. Section 30-3-38 is amended to read:
30-3-38. Pilot Program for Expedited Parent-time Enforcement.
(1) There is established an Expedited Parent-time Enforcement Pilot Program in the third
judicial district to be administered by the Administrative Office of the Courts from July 1, [1996]
2003, to July 1, [2003] 2007.
(2) As used in this section:
(a) "Mediator" means a person who:
(i) is qualified to mediate parent-time disputes under criteria established by the
Administrative Office of the Courts; and
(ii) agrees to follow billing guidelines established by the Administrative Office of the
Courts and this section.
(b) "Services to facilitate parent-time" or "services" means services designed to assist
families in resolving parent-time problems through:
(i) counseling;
(ii) supervised parent-time;
(iii) neutral drop-off and pick-up;
(iv) educational classes; and
(v) other related activities.

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(3) (a) Under this pilot program, if a parent files a motion in the third district court
alleging that court-ordered parent-time rights are being violated, the clerk of the court, after
assigning the case to a judge, shall refer the case to the administrator of this pilot program for
assignment to a mediator.
(b) Upon receipt of a case, the mediator shall:
(i) meet with the parents to address parent-time issues within 15 days of the motion being
filed;
(ii) assess the situation;
(iii) facilitate an agreement on parent-time between the parents; and
(iv) determine whether a referral to a service provider under Subsection (3)(c) is
warranted.
(c) While a case is in mediation, a mediator may refer the parents to a service provider
designated by the Department of Human Services for services to facilitate parent-time if:
(i) the services may be of significant benefit to the parents; or
(ii) (A) a mediated agreement between the parents is unlikely; and
(B) the services may facilitate an agreement.
(d) At any time during mediation, a mediator shall terminate mediation and transfer the
case to the administrator of the pilot program for referral to the judge or court commissioner to
whom the case was assigned under Subsection (3)(a) if:
(i) a written agreement between the parents is reached; or
(ii) the parents are unable to reach an agreement through mediation and:
(A) the parents have received services to facilitate parent-time;
(B) both parents object to receiving services to facilitate parent-time; or
(C) the parents are unlikely to benefit from receiving services to facilitate parent-time.
(e) Upon receiving a case from the administrator of the pilot program, a judge or court
commissioner may:
(i) review the agreement of the parents and, if acceptable, sign it as an order;
(ii) order the parents to receive services to facilitate parent-time;

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(iii) proceed with the case; or
(iv) take other appropriate action.
(4) (a) If a parent makes a particularized allegation of physical or sexual abuse of a child
who is the subject of a parent-time order against the other parent or a member of the other
parent's household to a mediator or service provider, the mediator or service provider shall
immediately report that information to:
(i) the judge assigned to the case who may immediately issue orders and take other
appropriate action to resolve the allegation and protect the child; and
(ii) the Division of Child and Family Services within the Department of Human Services
in the manner required by Title 62A, Chapter 4a, Part 4, Child Abuse or Neglect Reporting
Requirements.
(b) If an allegation under Subsection (4)(a) is made against a parent with parent-time
rights or a member of that parent's household, parent-time by that parent shall, pursuant to an
order of the court, be supervised until:
(i) the allegation has been resolved; or
(ii) a court orders otherwise.
(c) Notwithstanding an allegation under Subsection (4)(a), a mediator may continue to
mediate parent-time problems and a service provider may continue to provide services to
facilitate parent-time unless otherwise ordered by a court.
(5) (a) The Department of Human Services may contract with one or more entities in
accordance with Title 63, Chapter 56, Utah Procurement Code, to provide:
(i) services to facilitate parent-time;
(ii) case management services; and
(iii) administrative services.
(b) An entity who contracts with the Department of Human Services under Subsection
(5)(a) shall:
(i) be qualified to provide one or more of the services listed in Subsection (5)(a); and
(ii) agree to follow billing guidelines established by the Department of Human Services

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and this section.
(6) (a) Except as provided in Subsection (6)(b), the cost of mediation shall be:
(i) reduced to a sum certain;
(ii) divided equally between the parents; and
(iii) charged against each parent taking into account the ability of that parent to pay under
billing guidelines adopted in accordance with this section.
(b) A judge may order a parent to pay an amount in excess of that provided for in
Subsection (6)(a) if the parent:
(i) failed to participate in good faith in mediation or services to facilitate parent-time; or
(ii) made an unfounded assertion or claim of physical or sexual abuse of a child.
(c) (i) The cost of mediation and services to facilitate parent-time may be charged to
parents at periodic intervals.
(ii) Mediation and services to facilitate parent-time may only be terminated on the
ground of nonpayment if both parents are delinquent.
(7) If a parent fails to cooperate in good faith in mediation or services to facilitate
parent-time, a court may order, in subsequent proceedings, a temporary change in custody or
parent-time.
(8) (a) The Judicial Council may make rules to implement and administer the provisions
of this pilot program related to mediation.
(b) The Department of Human Services may make rules to implement and administer the
provisions of this pilot program related to services to facilitate parent-time.
(9) (a) The Administrative Office of the Courts shall adopt outcome measures to evaluate
the effectiveness of the mediation component of this pilot program. Progress reports shall be
provided to the Judiciary Interim Committee as requested by the committee. At least once during
this pilot program, the Administrative Office of the Courts shall present to the committee the
results of a survey that measures the effectiveness of the program in terms of increased
compliance with parent-time orders and the responses of interested persons.
(b) The Department of Human Services shall adopt outcome measures to evaluate the

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effectiveness of the services component of this pilot program. Progress reports shall be provided
to the Judiciary Interim Committee as requested by the committee.
(c) The Administrative Office of the Courts and the Department of Human Services may
adopt joint outcome measures and file joint reports to satisfy the requirements of Subsections
(8)(a) and (b).
(10) (a) The Department of Human Services shall apply for federal funds as available.
(b) This pilot program shall be funded through funds received under Subsection (10)(a).

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