1st Sub.
H.B.
107
JOINT CUSTODY MODIFICATIONS
Senate Floor
Amendments
Amendment 2 March 6, 2012 10:12 AM
Senator Wayne L. Niederhauser proposes the following amendments:
1. Page 2, Line 45 through Page 3, Line 59
House Committee Amendments
2-15-2012 :
45 (b) [
46
47 custody, as defined in Section 30-3-10.1 , is in the best interest of the child[
except in cases where there
is:
(i) domestic violence in the home or in the presence of the child;
(ii) special physical or mental needs of a parent or child, making joint legal custody unreasonable;
(iii) physical distance between the residences of the parents, making joint decision making impractical in certain circumstances; or
(iv) any other factor the court considers relevant including those listed in this Section and Section 30-3-10.2.
{
so long as the
48 party who }
(c) The person who
desires joint legal custody
{
files
}
shall file
a proposed
parenting plan in accordance with
49 Sections 30-3-10.8 and 30-3-10.9 .
{
The
}
A
presumption
for joint legal custody
may be rebutted
by a showing by a
50 preponderance of the evidence that
{
the following circumstances exist:
}
it is not in the best interest
of the child.
51 H. [
52 [
{
(i) .H domestic violence in the home or in the presence of the child;
53 H. [(iii)] (ii) .H special physical or mental needs of a parent or child, making joint
53a legal custody
54 unreasonable;
55 H. [(iv)] (iii) .H physical distance between the residences of the parents, making
55a joint decision
56 making impractical in certain circumstances; or
57 H. [(v)] (iv) .H any other factor the court considers relevant, including those listed in
57a H. this Section and .H Section
58 30-3-10.2 . }
59
{
(c)
}
(d)
The children may not be required by either party to testify unless the trier of fact
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