H.B. 131

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 . awards costs and attorney fees to 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 shall award attorney fees and costs to the petitioner.




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

Office of Legislative Research and General Counsel