HB 303 — Family Court Amendments

- 4 - HB0303 compared with HB0303S03 [(5)] (6){(7)}(7) "Joint legal custody" means the sharing of the rights, privileges, duties, and powers of a parent by both parents, where specified.

[(6)] (7){(8)}(8) "Joint physical custody" means the minor child stays with each parent overnight for more than 30% of the year and both parents contribute to the expenses of the minor child in addition to paying child support.

[(7)] (8){(9)}(9)(a) (a) "Parenting functions" means those aspects of the parent-child relationship in which the parent makes decisions and performs functions necessary for the care and growth of the minor child.

(iv) assisting the minor child in developing and maintaining appropriate interpersonal relationships;- 4 - Enrolled Copy H.B.

303 relationships;

[(8)] (9){(10)}(10)(a) (a) "Parenting plan" means a plan for parenting a minor child.

[(9)] (10){(11)}(11) "Protective order" means:

[(10)] (11){(12)}(12) "Psychological maltreatment" means a repeated pattern or extreme incident of caretaker behavior that:

- 5 - HB0303 compared with HB0303S03 (a) intentionally thwarts a minor child's basic psychological needs, including physical and psychological safety, cognitive stimulation, and respect;

[(11)] (12){(13)}(13) "[ ]Service member" means a member of a uniformed service.

[(12)] (13){(14)}(14) "Sexual abuse" means the same as that term is defined in Section 80-1-102.

[(13)] (14){(15)}(15) "Supervised parent-time" means parent-time that requires the noncustodial parent to be accompanied during parent-time by an individual approved by the court.

[(14)] (15){(16)}(16) "Surrogate care" means care by any individual other than the parent of the minor child.

[(15)] (16){(17)}(17) "Uniformed service" means:

[(16)] (17){(18)}(18) "Uninterrupted time" means parent-time exercised by one parent without interruption at any time by the presence of the other parent.

[(17)]- (18){(19)}5 "Virtual- parent-time"H.B. means parent-time facilitated by tools such as telephone, email, instant messaging, video conferencing, and other wired or wireless technologies over the [Internet] internet or other communication media, to supplement in-person visits between a noncustodial parent and a minor child or between a minor child and the custodial parent when the minor child is staying with the noncustodial parent.

303 Enrolled Copy [(17)] (19) "Virtual parent-time" means parent-time facilitated by tools such as telephone, email, instant messaging, video conferencing, and other wired or wireless technologies over the [Internet] internet or other communication media, to supplement in-person visits between a noncustodial parent and a minor child or between a minor child and the custodial parent when the minor child is staying with the noncustodial parent.

81-9-104.81-9-104 (Effective 05/06/26).

(EffectiveExpert 05/06/26)Expert evidence -- Violence or abuse findings -- Child relationship and reunification.reunification -- Court-ordered mental health treatment.

(a)(a)(i) (i) "Child custody proceeding" means a civil proceeding between the parents of a minor child that involves the care or custody of the minor child, including proceedings involving:

- 6 - HB0303 compared with HB0303S03 (A) divorce;

(a) the court may admit expert evidence from a court-appointed or outside professional relating to alleged domestic violence or abuse only if the professional possesses demonstrated- expertise6 and- adequateEnrolled experienceCopy inH.B. working with victims of domestic violence or abuse, including sexual abuse, that is not solely of a forensic nature;

303 demonstrated expertise and adequate experience in working with victims of domestic violence or abuse, including sexual abuse, that is not solely of a forensic nature;

- 7 - HB0303 compared with HB0303S03 (a) admitting expert evidence, subject to rules of evidence, from a court-appointed or outside professional relating to issues other than alleged domestic violence or abuse;

and (ii)- with7 whom- theH.B. minor child is bonded;

303 Enrolled Copy (ii) with whom the minor child is bonded;

- 8 - HB0303 compared with HB0303S03 (6) Subject to Subsection (4), Subsection (5) does not preclude the court from ordering mental health treatment by a licensed mental health professional that is generally accepted by and meets the standards of practice for mental health professions if:

(7)(7)(a) (a) Except as provided in Subsection (7)(b), the parents shall, by mutual agreement, select a licensed mental health professional to provide mental health treatment if the court orders mental health treatment that includes treatment of a minor child.

{and} (B) a brief statement explaining each mental health professional's qualifications to provide the mental health treatment;

(c)(c)(i) (c){(i)} {If } When a court is required to select a licensed mental health professional as described in Subsection (7)(b), the court shall:

(i){(A)}(A) consider the financial ability of each parent required to participate in or pay for the mental health treatment;

(ii){(B)}- order8 mental- healthEnrolled treatmentCopy withH.B. an in-network provider if coverage is available through an in-network provider under a health insurance plan of the minor child required to participate in mental health treatment;

and303 -(B) 9order -mental HB0303health comparedtreatment with HB0303S03an (iii){(C)}in-network toprovider theif extentcoverage practicable,is selectavailable athrough {provideran }in-network mentalprovider under a health professionalinsurance locatedplan nearof the minor child orderedrequired to participate in mental health treatment,treatment; or near the parent primarily responsible for transporting the minor child to mental health treatment.

and (C) to the extent practicable, select a mental health professional located near the minor child ordered to participate in mental health treatment, or near the parent primarily responsible for transporting the minor child to mental health treatment.

(8)(8)(a) (8){(a)} When ordering mental health treatment that includes treatment of a minor child{,child: the court may not} :

(a){(A)}(A) {require } the mental health professional ordered to provide the mental health treatment to {have awareness of or affiliation } be affiliated with {any } a specific professional organizationorganization; {other than what is necessary to maintain the state licensure required to provide the mental health treatment} ;

or (b){(B)}(B) {require } a minor child to miss school during regular school hours to attend mental health treatment, unless the court determines no reasonable alternative exists{.}exists; ;

(9)(9)(a) (a) A mental health professional who provides mental health treatment to a minor child involved in a child custody proceeding may not serve in any other professional capacity in the child custody proceeding if doing so creates, or appears to create, a conflict of interest.

81-9-204.81-9-204 (Effective upon governor's approval).

(EffectiveCustody upon governor's approval)Custody and parent-time of a minor child -- Custody factors -- Preferences.

- 109 - HB0303H.B. compared with HB0303S03 (2) The court shall determine whether an order for custody or parent-time is in the best interests of the minor child by a preponderance of the evidence.

303 Enrolled Copy (2) The court shall determine whether an order for custody or parent-time is in the best interests of the minor child by a preponderance of the evidence.

and (iii)- ability10 to- provideEnrolled personalCopy careH.B. rather than surrogate care;

-303 11(iii) -ability HB0303to comparedprovide withpersonal HB0303S03care [(d)]rather (e)than thesurrogate pastcare; conduct and demonstrated moral character of the parent as described in Subsection (9);

[(d)] (e) the past conduct and demonstrated moral character of the parent as described in Subsection (9);

[(k)] (l) the child's interaction and relationship with step-parents, extended family members[ {[} of] , or other individuals who may significantly affect the minor child's best interests;

(5)(5)(a) (a) A minor child may not be required by either party to testify unless the trier of fact determines that extenuating circumstances exist that would necessitate the testimony of the minor child be heard and there is no other reasonable method to present the minor child's testimony.

(b)(b)(i) (i) The court may inquire and take into consideration the minor child's desires regarding future custody or parent-time schedules, but the expressed desires are not controlling and the court may determine the minor child's custody or parent-time otherwise.

(c)(c)(i) - 12 - HB0303 compared with HB0303S03 (i) If an interview with a minor child is conducted by the court in accordance with Subsection- (5)(b),11 the- interviewH.B. shall be conducted by the court in camera.

303 Enrolled Copy Subsection (5)(b), the interview shall be conducted by the court in camera.

(6)(6)(a) (a) Except as provided in Subsection (6)(b), a court may not discriminate against a parent due to a disability, as defined in Section 57-21-2, in awarding custody or determining whether a substantial change has occurred for the purpose of modifying an award of custody.

(a)(a)(i) - 13 - HB0303 compared with HB0303S03 (i) consider or treat a parent's lawful possession or use of cannabis in a medicinal dosage form, a cannabis product in a medicinal dosage form, or a medical cannabis device, in accordance with Title 4, Chapter 41a, Cannabis Production Establishments and Pharmacies, Title 26B, Chapter 4, Part 2, Cannabinoid Research and Medical Cannabis, or Subsection 58-37-3.7(2) or (3) any differently than- the12 court- wouldEnrolled considerCopy orH.B. treat the lawful possession or use of any prescribed controlled substance;

303 than the court would consider or treat the lawful possession or use of any prescribed controlled substance;

(10)(10)(a) (a) The court shall consider evidence of domestic violence if evidence of domestic violence is presented.

- 14 - HB0303 compared with HB0303S03 (b) each parent is entitled to and responsible for frequent, meaningful, and continuing access with the parent's minor child consistent with the minor child's best interests;

and (c)- it13 is- inH.B. the best interest of the minor child to have both parents actively involved in parenting the minor child.

(12)303 NotwithstandingEnrolled anyCopy other(c) provisionit ofis thisin chapter, the courtbest mayinterest not grant custody or parent- time of athe minor child to ahave parentboth convictedparents ofactively ainvolved sexual offense, as defined in Sectionparenting 77-37-2, that resulted in the conception of the minor childchild. unless:

(12) Notwithstanding any other provision of this chapter, the court may not grant custody or parent-time of a minor child to a parent convicted of a sexual offense, as defined in Section 77-37-2, that resulted in the conception of the minor child unless:

81-9-206.81-9-206 (Effective upon governor's approval).

(EffectiveDetermination upon governor's approval)Determination of parent-time schedule -- Parent-time factors.

(2) There is a presumption that the advisory guidelines described in Section 81-9-202 and the parent-parent-time time schedules described in Part 3, Parent-time Schedules, are the minimum parent-time to which the noncustodial parent and the minor child are entitled.

- 15 - HB0303 compared with HB0303S03 [(b)] (c) the distance between the residency of the minor child and the noncustodial parent;

[(c)] (d) the lack of demonstrated parenting skills without safeguards to ensure the minor child's- well-14 being- duringEnrolled parent-time;Copy H.B.

303 child's well-being during parent-time;

[(j)] (k) a substantial and chronic pattern of missing, canceling, or denying regularly scheduled parent-parent-time; time;

(8)(8)(a) - 16 - HB0303 compared with HB0303S03 (a) If the court orders parent-time and a protective order or stalking injunction is still in place, the court shall consider whether to order the parents to conduct parent-time pick-up and transfer through a third party.

(b) The parent who is the stated victim in the protective order or stalking injunction may submit to the court, and the court shall consider, the name of a person considered suitable- to15 act- asH.B. the third party.

303 Enrolled Copy suitable to act as the third party.

Section 681-9-501 is enacted to read:

81-9-501.Part 5.

(EffectiveCustody 05/06/26)DefinitionsEvaluation for81-9-501 part.(Effective 05/06/26).

5.Definitions for part.

Custody Evaluation As used in this part:

Section 781-9-502 is enacted to read:

-81-9-502 17(Effective -05/06/26). HB0303 compared with HB0303S03 81-9-502.

(EffectiveCustody 05/06/26)Custody evaluator qualifications -- Roster of custody evaluators.

(1)(1)(a) (a) To be a custody evaluator, an individual shall:

(C)- physician16 under- TitleEnrolled 58,Copy ChapterH.B. 67, Part 3, Licensing, and is board trained in psychiatry;

303 (C) physician under Title 58, Chapter 67, Part 3, Licensing, and is board trained in psychiatry;

(2)(2)(a) (a) The Administrative Office of the Courts shall maintain a roster of custody evaluators.

and - 18 - HB0303 compared with HB0303S03 (ii) providing the information described in Subsection (2)(b).

and (ii) remove from the roster of custody evaluators any individual who fails to comply with- this17 section.- H.B.

303 Enrolled Copy with this section.

Section 881-9-503 is enacted to read:

81-9-503.81-9-503 (Effective 05/06/26).

(EffectiveCustody 05/06/26)Custody evaluation order -- Appointment of custody evaluator -- Removal of a custody evaluator.

(a)(a)(i) (i) a party requests a custody evaluation;

(2)(2)(a) (a) Except as provided in Subsection (2)(b)and(2)(b) and subject to Subsection (3), a court shall appoint a custody evaluator agreed upon by both parties to perform a custody evaluation described in Subsection (1).

{(ii)(ii) {the parties shall submit to the court:} } (A){(ii)} the parties shall submit to the court a joint list of all proposed custody evaluators;

and(iii) (B){(iii)} if a party {opposes } objects to any of the {other party's proposed } custody evaluators{,evaluators a } on the list described in Subsection (2)(b)(ii), the party shall submit to the court a brief written statement {of } explaining the reasons for the {opposition} objection, including any potential conflicts of interest;

and (iii){(iv)}(iv) the court shall appoint a custody evaluator from the list described in Subsection {(2)(b)(ii)(A) } (2)(b)(ii) after considering any statements described in Subsection {(2)(b)(ii)(B)} (2)(b)(iii).

- 19 - HB0303 compared with HB0303S03 (3) If, based on allegations of domestic violence or abuse, a court reasonably anticipates that a custody evaluator may be required to testify or offer an opinion regarding domestic violence or abuse, the court shall require that each custody evaluator agreed upon or proposed under Subsection (2) possess the demonstrated expertise and adequate experience described in Subsection 81-9-104(2)(a).

(3){(4)}(4) An order described in Subsection (1) shall:

(b) identify specific custody factors described in Sections 81-9-204 and 81-9-205 to be addressed- in18 the- custodyEnrolled evaluation;Copy H.B.

303 addressed in the custody evaluation;

(4){(5)}(5) A party has the right to request the court to remove a custody evaluator for good cause, including:

(a) {demonstrated } bias, prejudice, or lack or impartiality toward a party;

{and} or (e) professional misconduct or unethical behavior.

(6)(6)(a) (5){(a)} A {court may not give presumptive weight to a } custody evaluator's findings in making a custody or parent-time decisionaredecision are advisory only.

Section 981-9-504 is enacted to read:

81-9-504.81-9-504 (Effective 05/06/26).

(EffectiveCustody 05/06/26)Custody evaluator responsibilities -- Communication between a custody evaluator and parties.

(a) remain {neutral and } impartial;

- 20 - HB0303 compared with HB0303S03 (b) disclose to the court and each party any conflicts of interest the custody evaluator has with either party;

and (c) include, in the custody evaluation, the name of the individual with whom the custody evaluator- consulted19 and- theH.B. results of the consultation.

303 Enrolled Copy evaluator consulted and the results of the consultation.

{(5)(5) } (a){(5)} When a court appoints a custody evaluator, {there shall be no communication between } a party and a custody evaluator may not communicate with each other without providing notice of the communication to the other party, except to the extent reasonably necessary to conduct the custody evaluation ordered by the court.

{(b) {Nothing in Subsection (5)(a) prohibits a custody evaluator from communicating with a party without participation from the other party for the purpose of conducting the custody evaluation ordered by the court.} } Section 10.

Effective date.

{This(1) } Except as provided in Subsection (2), this bill takes effect {on } May 6, 2026.

(2)(2)(a) (a) The actions affecting sections described in Subsection (2)(b) take effect:

- 21 - HB0303 compared with HB0303S03 (B) without the governor's signature, the day following the constitutional time limit of Utah Constitution, Article VII, Section 8;

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