House debate centers on temporary custody changes during divorce; sponsors propose Utah standard and 'shared parenting' language

SALT LAKE CITY — Lawmakers spent substantial floor time discussing first substitute House Bill 6, a family-law measure addressing disposition of children during the pendency of divorce. Sponsors described the bill as aligning temporary custody practices with a Utah standard, removing provisions from an out-of-state model, and adding consideration of the primary caregiver during the marriage.

The sponsor told the chamber that during the interim they consulted legislative research, the fiscal analyst’s office and Utah County stakeholders, and that the amendment aims to avoid an automatic presumption favoring one parent in temporary hearings. "We put the Utah standard, which is in the best interest," the sponsor said while explaining amendments that would give courts guidelines and add a primary-caregiver status for consideration.

Members raised procedural, constitutional and fiscal questions. Representative Alexander noted the courts and the fiscal analyst’s office had returned a fiscal estimate indicating an appropriation would be required; he said a $49,000 fiscal note remained on the legislation and urged the sponsor to work with the fiscal analyst's office. "And right now, there is an appropriation needed for this legislation," Alexander said on the floor.

Other legislators questioned whether statutory presumptions about parenting should displace judicial fact-finding. Representative McGee said he was concerned about embedding detailed custody rules in statute rather than relying on courts and professionals to manage high-conflict cases: "My concern is we have a system in place through our courts that assist parents through difficult times... I don't think this is going to help in high conflict situations." Supporters argued a neutral presumption of equal access would protect children's ongoing relationships with both parents and reduce the tendency to immediately assign noncustodial status to one parent during a lengthy pendency.

Several floor amendments were offered and debated, including proposals to change mandatory wording from "shall" to "may" to preserve judicial discretion and to replace phrases such as "equal access" or "substantially equal access" with "shared parenting" in title and body language. Lawmakers also divided motions to vote on specific lines relating to gender language and enforcement subsections and debated whether statute should mirror judicial practice.

No recorded final House passage or final vote on first substitute House Bill 6 appears in the morning session excerpt; the debate continued on several amendments and procedural motions recorded on the floor.