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Senate debates permissive 'shared parenting' language; chambers circle bill for clarification

Utah State Senate · March 5, 2003
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Summary

Lawmakers debated language that would permit judges to consider 'shared parenting' during the pendency of divorce proceedings. Senators raised concerns about undefined terms, possible effects on custody and child support calculations, and whether the change adds clarity beyond existing 'best interest' standards; the bill was circled for clarifying amendment language.

Senator Bramble introduced first substitute House Bill 6 on ‘‘shared parenting’’ during the pendency of divorce proceedings. The bill would permit a court, at a temporary custody hearing, to provide “shared parenting” to both parties unless the court records that shared parenting would not be in the child’s best interest. “This does not mandate joint physical custody,” Bramble said; he described the provision as permissive language intended to ensure both parents’ roles are considered while a divorce is pending.

Several senators pressed the sponsor for clarification. Senator Hilliard and Senator Thomas asked whether the term ‘shared parenting’ is synonymous with joint physical custody and whether the temporary‑order language could unintentionally alter child support calculations or create practical problems if a temporary arrangement persisted for an extended period. Senator Valentine and others said judges already apply the ‘best interest of the child’ standard during pendency and worried the undefined term could create litigation or unintended consequences.

Because multiple senators requested clearer definitions and intent language, the Senate placed the bill “in circle” to allow staff and sponsors to draft an amendment clarifying that the permissive ‘shared parenting’ provision should not be interpreted to require joint physical custody or alter child‑support formulas. The measure was not finalized on the floor and will return after the sponsors and interested parties propose clarifying language.