The impact of HB 390 on state laws is significant, as it introduces clearer guidelines on how courts should handle make-up parent-time. By specifying conditions under which make-up time must be granted, the bill potentially reduces ambiguity in court rulings regarding visitation. Additionally, it reinforces the principle that the child's best interests should always be the main focus in custody disputes. This change aims to create a more equitable environment for non-custodial parents, allowing them to foster stronger relationships with their children despite custody arrangements.
House Bill 390, also referred to as the Child Custody Amendments, presents modifications to existing child custody laws in Utah, focusing specifically on make-up parent-time. It mandates that courts must award make-up parent-time under defined circumstances, thereby enhancing the rights of non-custodial parents. This amendment is aimed at ensuring that children maintain a relationship with both parents, particularly in cases where agreed parent-time was missed or inadequately honored due to various reasons.
The sentiment around HB 390 appears to be generally favorable among family law advocates and non-custodial parents who view the bill as a necessary step toward establishing fairer treatment in custody and visitation scenarios. Supporters argue that the mandate for make-up parent-time reaffirms the importance of parental involvement in children's lives, while critics may express concerns over the administrative burden it could place on family courts or potential misuse of the provisions by parents in contentious situations.
Notable points of contention arise around the enforcement provisions and the interpretation of what constitutes 'under certain circumstances.' While many legislators express support for the principle of granting parents opportunities to make up for lost time, there are concerns about the criteria that courts will use to determine whether make-up time is necessary. The bill could generate disputes regarding enforcement, as the ability to compel make-up time may lead to further litigation if one parent feels the other is not complying with the court's orders.