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Utah House Approves Expanded ‘Parent Time’ Option for Some Noncustodial Parents

Utah House of Representatives · February 13, 2015
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Summary

The Utah House passed HB35 on Feb. 13, creating an optional expanded "parent time" schedule that allows qualifying noncustodial parents to seek up to 145 overnight visits per year (up from about 110); an amendment to require being current on court-ordered payments failed.

The Utah House on Feb. 13 passed House Bill 35, a measure creating an alternative "parent time" schedule that would let some noncustodial parents seek up to 145 overnight visits a year. Representative Snow, the bill’s sponsor, said the change provides courts an additional, statutory option when deciding custody-related schedules and is intended to increase quality time between children and parents.

Supporters say the bill does not replace the existing minimum schedule in law but offers an expanded option if a parent demonstrates active involvement, a plan to communicate with the other parent, geographic proximity, schedule flexibility and appropriate home facilities. Representative Snow told colleagues the proposal is meant "to allow a parent, either parent, to have more time, more quality time, with the child." The bill instructs judges to find the expanded option is in the child’s best interest before granting additional parent time.

During floor debate Representative Anderson offered Amendment 1 to add financial participation—"including being current on all court ordered payments in caring for the child"—as one factor a court should consider. Representative Snow and several other lawmakers opposed the amendment, arguing it would effectively punish children when a parent is behind on child support. Representative Snow said, "It was devastating on the father. But I’ll tell you who really lost in that situation. It wasn’t the father. It was the children." The motion to adopt Amendment 1 failed on a voice vote.

After debate the House approved HB35 on a 64-1 roll call. The bill will be transmitted to the Senate for further consideration.

Key procedural steps: the bill was uncircled and introduced on the floor, members debated the proposed qualifications for an expanded schedule, the amendment to add a financial requirement failed, and the final passage vote was 64 in favor and 1 opposed.

What’s next: HB35, having passed the House, will proceed to the Utah Senate for consideration.