S.B. 186

Text Box
- 1 -

Senate 3rd Reading Amendments 2-22-2008 rd/ecm This document includes Senate 2nd Reading Floor Amendments incorporated into the bill on Mon, Feb 18, 2008 at 3:54 PM by rday. --> This document includes Senate 3rd Reading Floor Amendments incorporated into the bill on Fri, Feb 22, 2008 at 11:10 AM by rday. --> 1

CUSTODY AND PARENT-TIME FOR
2 NON-PARENTS
3 2008 GENERAL SESSION
4 STATE OF UTAH
5 Chief Sponsor: Lyle W. Hillyard
6 House Sponsor: Kay L. McIff
7
8 LONG TITLE
9 General Description:
10 This bill allows persons who are related to a child and have assumed the role of parent
11 to petition the court for custody or S. [ parent-time ] visitation .S .
12 Highlighted Provisions:
13 This bill:
14 . defines "person other than a parent" as a person who is related to a child;
15 . provides a procedure for a person other than a parent to gain custody or S. [ parent-time ]
15a visitation .S ;
16 . requires notice to a parent, guardian, or state agency with an interest; and
17 . provides that it may not be used against a person serving in the military who is
18 outside the state.
19 Monies Appropriated in this Bill:
20 None
21 Other Special Clauses:
22 None
23 Utah Code Sections Affected:
24 ENACTS:
25 30-5a-101, Utah Code Annotated 1953
26 30-5a-102, Utah Code Annotated 1953
27 30-5a-103, Utah Code Annotated 1953

Text Box

Senate 3rd Reading Amendments 2-22-2008 rd/ecm

Senate 3rd Reading Amendments 2-22-2008 rd/ecm

- 2 -

Senate 2nd Reading Amendments 2-18-2008 rd/ecm 28

29 Be it enacted by the Legislature of the state of Utah:
30 Section 1. Section 30-5a-101 is enacted to read:
31 CHAPTER 5a. CUSTODY AND S. [ PARENT-TIME ] VISITATION .S FOR PERSONS
32 OTHER THAN PARENTS ACT
33 Part 1. General Provisions
34 30-5a-101. Title.
35 This chapter is known as the "Custody and S. [ Parent-time ] Visitation .S for Persons
35a Other than Parents
36 Act."
37 Section 2. Section 30-5a-102 is enacted to read:
38 30-5a-102. Definitions.
39 As used in this chapter:
40 (1) "Parent" means a biological or adoptive parent.
41 (2) "Person other than a parent" means a person related to the child by marriage or
42 blood, including:
43 (a) siblings;
44 (b) aunts;
45 (c) uncles;
46 (d) grandparents; or
47 (e) S. current or former .S step-parents, or any of the persons in Subsections (2)(a)
47a through (d) in a step
48 relationship to the child.
49 Section 3. Section 30-5a-103 is enacted to read:
50 30-5a-103. Custody and S. [ parent-time ] visitation .S for persons other than a parent.
51 (1) In accordance with Section 62A-4a-201 , it is the public policy of this state that
52 parents retain the fundamental right and duty to exercise primary control over the care,
53 supervision, upbringing, and education of their children. There is a rebuttable presumption that
54 a parent's decisions are in the child's best interests.
55 (2) A court may find the presumption in Subsection (1) rebutted and grant custodial or
56 S. [parent-time] visitation .S rights to a person other than a parent who, by clear and convincing evidence, has
57 established all of the following:
58 (a) the person has intentionally assumed the role and obligations of a parent;

Text Box
- 3 -

Senate 3rd Reading Amendments 2-22-2008 rd/ecm 59

(b) the person and the child have formed an emotional bond and created a parent-child
60 type relationship;
61 (c) the person contributed emotionally or financially to the child's well being;
62 (d) assumption of the parental role is not the result of a financially compensated
63 surrogate care arrangement;
64 (e) continuation of the relationship between the person and the child would be in the
65 child's best interests;
66 (f) loss or cessation of the relationship between the person and the child would be
67 detrimental to the child; and
68 (g) the parent:
69 (i) S. [ has consented or acquiesced to the parental role of the person;
70 (ii) ] .S is absent; or
71 S. [ (iii) ] (ii) .S is found by a court to S. [ be abusive, neglectful, or to have left ] have
71a abused or neglected .S the child S. [ dependent
72 through the fault of the parent ] .S .
73 (3) A proceeding under this chapter may be commenced by filing a verified petition, or
74 petition supported by an affidavit, in the S. juvenile court if a matter is pending, or in the .S
74a 74a district court in the county in which the child:
75 (a) currently resides; or
76 (b) lived with a parent or a person other than a parent who acted as a parent within six
77 months before the commencement of the action.
78 (4) A proceeding under this chapter may be filed in a pending divorce, parentage
79 action, or other proceeding S. , including a proceeding in the juvenile court, .S involving
79a custody S. [ and parent-time issues ] of or visitation with a child .S .
80 (5) The petition shall include detailed facts supporting the petitioner's right to file the
81 petition including the criteria set forth in Subsection (2) and residency information as set forth
82 in Section S. [ 78-45c-209 ] 78B-13-209 .S .
83 (6) A proceeding under this chapter may not be filed against a parent who is actively
84 serving outside the state in any branch of the military.
85 (7) Notice of a petition filed pursuant to this chapter shall be served in accordance with
86 the rules of civil procedure on all of the following:
87 (a) the child's biological, adopted, presumed, declarant, and adjudicated parents;
88 (b) any person who has court-ordered custody or S. [ parent-time ] visitation .S rights;
89 (c) the child's guardian;

Text Box
- 4 -

Senate 3rd Reading Amendments 2-22-2008 rd/ecm 90

(d) the guardian ad litem, if one has been appointed;
91 (e) a person or agency that has physical custody of the child or that claims to have
92 custody or S. [ parent-time ] visitation .S rights; and
93 (f) any other person or agency that has previously appeared in any action regarding
94 custody S. of .S or S. [ parent-time of ] visitation with .S the child.
95 (8) The court may order a custody evaluation to be conducted in any action brought
96 under this chapter.
97 (9) The court may enter temporary orders in an action brought under this chapter
98 pending the entry of final orders.

Legislative Review Note
as of 1-30-08 8:56 AM

Office of Legislative Research and General Counsel