Enrolled Copy H.B. 29
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Child Visitation Amendments
2025 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Stephanie Gricius
Senate Sponsor: Stephanie Pitcher
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LONG TITLE
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General Description:
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This bill modifies provisions related to custody and visitation for individuals other than a
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parent.
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Highlighted Provisions:
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This bill:
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▸ modifies a standard required to support an award of non-parental custody or visitation;
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▸ clarifies that a court that has received a petition seeking non-parent custody or visitation
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may, as part of the adjudication of the petition, make findings relating to a parent's
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ability to exercise primary physical custody, and make findings relating to a claim of
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parental abuse or neglect of a minor child; and
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▸ clarifies the time period that is applicable to a court's findings.
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Money Appropriated in this Bill:
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None
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Other Special Clauses:
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None
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Utah Code Sections Affected:
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AMENDS:
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81-9-402, as renumbered and amended by Laws of Utah 2024, Chapter 366
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Be it enacted by the Legislature of the state of Utah:
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Section 1. Section 81-9-402 is amended to read:
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81-9-402 . Custody and visitation for individuals other than a parent -- Venue.
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(1)(a) In accordance with Section 80-2a-201, it is the public policy of this state that a
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parent retain the fundamental right and duty to exercise primary control over the care,
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supervision, upbringing, and education of a minor child of the parent. H.B. 29 Enrolled Copy
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(b) There is a rebuttable presumption that a parent's decisions are in the minor child's
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best interests.
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(2) [A court may find the ] The presumption in Subsection (1) is rebutted and a court may
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grant custodial or visitation rights to an individual other than a parent [who, by clear and
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convincing evidence, establishes that] if the court finds, by clear and convincing
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evidence, that the individual seeking custodial or visitation rights has established that:
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(a) the individual has intentionally assumed the role and obligations of a parent;
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(b) the individual and the minor child have formed a substantial emotional bond and
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created a parent-child type relationship;
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(c) the individual substantially contributed emotionally or financially to the minor child's
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well being;
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(d) the assumption of the parental role is not the result of a financially compensated
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surrogate care arrangement;
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(e) the continuation of the relationship between the individual and the minor child is in
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the minor child's best interest;
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(f) the loss or cessation of the relationship between the individual and the minor child
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would substantially harm the minor child; and
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(g) the parent:
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(i) is absent as of the time of filing of the petition;
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(ii) does not have the ability to exercise primary physical custody of the minor child
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as of the time of filing of the petition; or
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[(ii)] (iii) [is found by a court to have ] has abused or neglected the minor child, or that
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another court has found that the parent has abused or neglected the minor child.
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(3) Notwithstanding Title 78B, Chapter 3a, Venue for Civil Actions, or Section 78A-6-350,
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an individual shall file a verified petition, or a petition supported by an affidavit, for
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custodial or visitation rights to the minor child in the juvenile court if a matter is pending
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in the juvenile court, or in the district court in the county where the minor child:
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(a) currently resides; or
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(b) lived with a parent or an individual other than a parent who acted as a parent within
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six months before the commencement of the action.
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(4) An individual may file a petition under this section in a pending divorce, parentage
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action, or other proceeding, including a proceeding in the juvenile court involving
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custody of or visitation with a minor child.
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(5) The petition shall include detailed facts supporting the petitioner's right to file the
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petition including the criteria set forth in Subsection (2) and residency information
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described in Section 78B-13-209.
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(6) An individual may not file a petition under this section against a parent who is actively
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serving outside the state in any branch of the military.
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(7) Notice of a petition filed pursuant to this chapter shall be served in accordance with the
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Utah Rules of Civil Procedure on all of the following:
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(a) the minor child's biological, adopted, presumed, declarant, and adjudicated parents;
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(b) any individual who has court-ordered custody or visitation rights;
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(c) the minor child's guardian;
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(d) the guardian ad litem, if one has been appointed;
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(e) an individual or agency that has physical custody of the minor child or that claims to
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have custody or visitation rights; and
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(f) any other individual or agency that has previously appeared in any action regarding
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custody of or visitation with the minor child.
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(8) The court may order a custody evaluation to be conducted in any proceeding brought
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under this section.
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(9) The court may enter temporary orders in a proceeding brought under this section
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pending the entry of final orders.
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(10) Except as provided in Subsection (11), a court may not grant custody of a minor child
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under this section to an individual:
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(a) who is not the parent of the minor child; and
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(b) who, before a custody order is issued, is convicted, pleads guilty, or pleads no
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contest to a felony or attempted felony involving conduct that constitutes any of the
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following:
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(i) child abuse, as described in Sections 76-5-109, 76-5-109.2, 76-5-109.3, and
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76-5-114;
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(ii) child abuse homicide, as described in Section 76-5-208;
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(iii) child kidnapping, as described in Section 76-5-301.1;
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(iv) human trafficking of a child, as described in Section 76-5-308.5;
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(v) sexual abuse of a minor, as described in Section 76-5-401.1;
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(vi) rape of a child, as described in Section 76-5-402.1;
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(vii) object rape of a child, as described in Section 76-5-402.3;
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(viii) sodomy on a child, as described in Section 76-5-403.1;
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(ix) sexual abuse of a child, as described in Section 76-5-404.1, or aggravated sexual
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abuse of a child, as described in Section 76-5-404.3;
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(x) sexual exploitation of a minor, as described in Section 76-5b-201;
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(xi) aggravated sexual exploitation of a minor, as described in Section 76-5b-201.1; or
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(xii) an offense in another state that, if committed in this state, would constitute an
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offense described in this Subsection (10).
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(11)(a) As used in this Subsection (11), "disqualifying offense" means an offense listed
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in Subsection (10) that prevents a court from granting custody except as provided in
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this Subsection (11).
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(b) An individual described in Subsection (10) may only be considered for custody of a
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minor child if the following criteria are met by clear and convincing evidence:
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(i) the individual is a relative, as defined in Section 80-3-102, of the minor child;
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(ii) at least 10 years have elapsed from the day on which the individual is
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successfully released from prison, jail, parole, or probation related to a
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disqualifying offense;
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(iii) during the 10 years before the day on which the individual files a petition with
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the court seeking custody the individual has not been convicted, plead guilty, or
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plead no contest to an offense greater than an infraction or traffic violation that
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would likely impact the health, safety, or well-being of the minor child;
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(iv) the individual can provide evidence of successful treatment or rehabilitation
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directly related to the disqualifying offense;
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(v) the court determines that the risk related to the disqualifying offense is unlikely to
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cause harm, as defined in Section 80-1-102, or potential harm to the minor child
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currently or at any time in the future when considering all of the following:
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(A) the minor child's age;
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(B) the minor child's gender;
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(C) the minor child's development;
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(D) the nature and seriousness of the disqualifying offense;
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(E) the preferences of a minor child who is 12 years old or older;
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(F) any available assessments, including custody evaluations, parenting
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assessments, psychological or mental health assessments, and bonding
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assessments; and
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(G) any other relevant information;
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(vi) the individual can provide evidence of the following:
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(A) the relationship with the minor child is of long duration;
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(B) that an emotional bond exists with the minor child; and
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(C) that custody by the individual who has committed the disqualifying offense
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ensures the best interests of the minor child are met;
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(vii)(A) there is no other responsible relative known to the court who has or likely
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could develop an emotional bond with the minor child and does not have a
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disqualifying offense; or
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(B) if there is a responsible relative known to the court that does not have a
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disqualifying offense, Subsection (11)(d) applies; and
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(viii) that the continuation of the relationship between the individual with the
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disqualifying offense and the minor child could not be sufficiently maintained
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through any type of visitation if custody were given to the relative with no
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disqualifying offense described in Subsection (11)(d).
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(c) The individual with the disqualifying offense bears the burden of proof regarding
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why placement with that individual is in the best interest of the minor child over
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another responsible relative or equally situated individual who does not have a
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disqualifying offense.
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(d) If, as provided in Subsection (11)(b)(vii)(B), there is a responsible relative known to
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the court who does not have a disqualifying offense:
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(i) preference for custody is given to a relative who does not have a disqualifying
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offense; and
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(ii) before the court may place custody with the individual who has the disqualifying
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offense over another responsible, willing, and able relative:
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(A) an impartial custody evaluation shall be completed; and
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(B) a guardian ad litem shall be assigned.
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(12) Subsections (10) and (11) apply to a case pending on March 25, 2017, for which a final
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decision on custody has not been made and to a case filed on or after March 25, 2017.
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Section 2. Effective date.
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This bill takes effect on May 7, 2025.
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