H.B. 131

This document includes House Committee Amendments incorporated into the bill on Thu, Mar 3, 2011 at 4:18 PM by jeyring. --> 1

CUSTODY AND PARENT-TIME MODIFICATIONS
2 2011 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: Rebecca P. Edwards
5 Senate Sponsor: John L. Valentine
6
7 LONG TITLE
8 General Description:
9 This bill requires a court to review a person's custody and parent-time if the person is
10 convicted of a crime.
11 Highlighted Provisions:
12 This bill:
13 . allows a person to petition a court for review of custody and parent-time upon
14 learning the other parent has been convicted of certain crimes;
15 . sets a three-year time limit on convictions to be used as the basis for a modification;
16 . requires the court to make written findings; and
17 . H. [ awards ] allows .H costs and attorney fees to H. be awarded to .H
17a the petitioner.
18 Money Appropriated in this Bill:
19 None
20 Other Special Clauses:
21 None
22 Utah Code Sections Affected:
23 ENACTS:
24 30-3-41, Utah Code Annotated 1953
25
26 Be it enacted by the Legislature of the state of Utah:
27 Section 1. Section 30-3-41 is enacted to read:

28 30-3-41. Custody and parent-time modifications upon conviction of a crime.
29 (1) A person's custody and parent-time shall be reviewed for modification if the other
30 parent petitions the court and demonstrates that the person has been convicted of any of the
31 following offenses:
32 (a) Section 41-6a-503 , driving under the influence of alcohol or drugs with a passenger
33 under the age of 16;
34 (b) Section 76-5-112.5 , endangerment of a child;
35 (c) any offense which would require the person to register under the provisions of
36 Section 77-27-21.5 ;
37 (d) class A misdemeanor or felony child abuse under Section 76-5-109 ;
38 (e) class A misdemeanor or felony child abandonment under Section 76-5-109 ; or
39 (f) Section 76-5-109.1 , domestic violence in the presence of a child.
40 (2) The parent who is the petitioner shall file a petition for modification within one
41 year of learning of the conviction.
42 (3) A conviction more than three years old may not be used as the basis for a petition,
43 however, the court may take previous convictions which have not been expunged into
44 consideration.
45 (4) If the court determines that a change in custody or parent-time is not in the best
46 interest of the child or children, it shall make written findings supporting its decision.
47 (5) The court H. [ shall ] may .H award attorney fees and costs to the petitioner.




Legislative Review Note
as of 2-23-11 11:21 AM

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