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Senate adopts HB 35 amendment to permit limited expanded parenting time under narrow conditions

Utah Senate · March 5, 2015
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Summary

Sponsor described Floor Amendment #2 and new criteria that could allow expanded parenting time for noncustodial parents when certain responsibilities and involvement have been demonstrated; the Senate read HB 35 for a third time with 26 yea, 2 nay, 1 absent.

Senator Hilliard presented First Substitute House Bill 35 and offered Senate Floor Amendment No. 2 to clarify that the bill applies to children 5 and older while allowing a younger sibling to be included as part of a family grouping in certain circumstances.

The sponsor described the amendment and the bill's intent: to create a narrow exception allowing courts to grant additional parenting time to a noncustodial parent who demonstrates responsibility (for example, involvement in day care, school activities, homework help, meal preparation and other care tasks). Hilliard emphasized the change would be "a rather rare type of exception" and that child support would not be altered as a consequence of additional parenting time.

The amendment was adopted by the Senate, and a roll call followed. The President announced that House Bill 35 "had received 26 yay votes, 2 nay votes, 1 being absent; shall be read for a third time." The sponsor said the provision would not apply to every divorce case and that courts would weigh factors intended to protect the child's best interests.

The transcript records a detailed floor exposition of criteria courts should consider if the bill is enacted, and a sponsor statement intended to reassure colleagues that safeguards exist to prevent inappropriate use of the exception.